Jurisdictional Arrangements and International Criminal Procedure

INTERNATIONAL CRIMINAL PROCEDURE, Göran Sluiter, ed., Oxford University Press, Forthcoming

University of Cambridge Faculty of Law Research Paper No. 50/2011

20 Pages Posted: 10 Nov 2011  

Sarah Nouwen

University of Cambridge - Faculty of Law

Dustin A. Lewis

Harvard Law School Program on International Law and Armed Conflict (HLS PILAC)

Date Written: November 1, 2011

Abstract

As preparation for a chapter in a book on international criminal procedural law, this working paper analyses the jurisdictional arrangements between international criminal tribunals and domestic courts.

Since ‘exclusive’, ‘concurrent’, ‘primary’ and ‘complementary’ jurisdiction do not exist in the abstract, it reviews the relevant provisions and the case law of the Nuremberg and Tokyo tribunals, tribunals for the former Yugoslavia and Rwanda, the International Criminal Court and the so-called ‘mixed tribunals’. On the basis of this analysis the conclusion suggests some hypotheses on the potential of various jurisdictional arrangements to serve as a conduit for channelling rules of criminal procedure to national jurisdictions. They could do so by providing circumstances in which the international tribunal may compel a state to defer to its jurisdiction, may exercise its jurisdiction and may refer proceedings to national jurisdictions that depend on particular features of the domestic justice system.

Keywords: international tribunals, mixed courts, jurisdictional arrangements, primacy, complementarity, jurisdiction, international criminal procedure

JEL Classification: K33

Suggested Citation

Nouwen, Sarah and Lewis, Dustin A., Jurisdictional Arrangements and International Criminal Procedure (November 1, 2011). INTERNATIONAL CRIMINAL PROCEDURE, Göran Sluiter, ed., Oxford University Press, Forthcoming; University of Cambridge Faculty of Law Research Paper No. 50/2011. Available at SSRN: https://ssrn.com/abstract=1957578

Sarah Maria Heiltjen Nouwen (Contact Author)

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

Dustin A. Lewis

Harvard Law School Program on International Law and Armed Conflict (HLS PILAC) ( email )

Langdell 175-J
1545 Massachusetts Ave.
Cambridge, MA 02138
United States

HOME PAGE: http://pilac.law.harvard.edu/dustin-a-lewis

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