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

Posted: 15 Jul 2009

See all articles by William W. Burke-White

William W. Burke-White

University of Pennsylvania Carey Law School

Scott Kaplan

Independent

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Date Written: May 2009

Abstract

The ICC Pre-Trial Chamber II (PTC) has recently initiated an inquiry into the admissibility of the case against the leadership of the Lords Resistance Army (LRA) in the Uganda situation. In an effort to resolve the conflict in northern Uganda, the government signed a preliminary agreement in 2006 with the LRA providing for domestic prosecution of the indictees. This article examines the 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 admissibility that may arise in an admissibility challenge and applies them to the current PTC examination as well as a possible challenge by Uganda. The article suggests a framework for analysis and considers the role of the Court in shaping the contours of acceptable domestic justice.

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 (May 2009). Journal of International Criminal Justice, Vol. 7, Issue 2, pp. 257-279, 2009, Available at SSRN: https://ssrn.com/abstract=1434008 or http://dx.doi.org/mqp020

William W. Burke-White (Contact Author)

University of Pennsylvania Carey Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States

Scott Kaplan

Independent

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