Abstract

http://ssrn.com/abstract=1120845
 
 

Footnotes (162)



 


 



Shaping the Contours of Domestic Justice: The International Criminal Court and an Admissibility Challenge in the Uganda Situation


William W. Burke-White


University of Pennsylvania Law School

Scott Kaplan


University of Pennsylvania

April 13, 2008

U of Penn Law School, Public Law Research Paper No. 08-13

Abstract:     
In December 2003, the Government of Uganda referred the situation in conflict-torn northern Uganda to the nascent International Criminal Court. It was the first referral by a State Party under Article 14 of the Rome Statute of ICC and led to the indictment of five leaders of the Lord's Resistance Army (LRA). Four years later, Uganda found itself in the midst of promising peace negotiations with the LRA. A major obstacle to a final agreement was the refusal of the indicted leaders to face ICC justice. Seeking to peacefully resolve the conflict, the Government signed a preliminary agreement in which it would assume the prosecution of the indictees. Under the principle of complementarity embedded in Article 17 of the Rome Statute, the ICC cannot prosecute where a jurisdictional state has undertaken investigation or prosecution, unless the State's action is in an attempt to shield the accused from justice. However, with the case against the LRA leaders already deemed admissible, an admissibility challenge would be necessary to withdraw the ICC indictments. This paper examines the various and complex issues regarding both the nature of challenging admissibility generally and particular issues that arise from such challenges in the context of State self-referrals. The article proposes three different visions of complementarity as a means of understanding the boundaries within which the Court may situate a decision, and applies them to the hypothetical situation of an admissibility challenge to the LRA indictments. The options of both the indictees and Uganda are explored and the prospects for a successful challenge are examined. The paper concludes by suggesting a critical role for the Court in both resolving conflict and shaping the contours of acceptable domestic efforts to bring those responsible for grave crimes to justice.

Number of Pages in PDF File: 45

Keywords: Uganda, International Criminal Court, ICC, admissibility, Lord's Resistance Army (LRA), complementarity, international law and procedure, State self-referral, human rights law

JEL Classification: K14, K33

working papers series


Download This Paper

Date posted: April 17, 2008  

Suggested Citation

Burke-White, William W. and Kaplan, Scott, Shaping the Contours of Domestic Justice: The International Criminal Court and an Admissibility Challenge in the Uganda Situation (April 13, 2008). U of Penn Law School, Public Law Research Paper No. 08-13. Available at SSRN: http://ssrn.com/abstract=1120845 or http://dx.doi.org/10.2139/ssrn.1120845

Contact Information

William W. Burke-White (Contact Author)
University of Pennsylvania Law School ( email )
3501 Sansom Street
Philadelphia, PA 19104
United States
Scott Kaplan
University of Pennsylvania ( email )
Feedback to SSRN


Paper statistics
Abstract Views: 2,406
Downloads: 456
Download Rank: 34,074
Footnotes:  162

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.375 seconds