Burdens and Standards of Proof for Complementarity Determinations
The chapter, Burdens and Standards of Proof for Complementarity Determinations, will appear in INTERNATIONAL CRIMINAL COURT AND COMPLEMENTARITY: FROM THEORY TO PRACTICE Carsten Stahn & Mohamed El Zeidy, eds, Cambridge University Press, Second Edition, (Forthcoming)
31 Pages Posted: 25 Apr 2017
Date Written: April 1, 2017
Despite the central role that complementarity played in the formation of the International Criminal Court (ICC), both the Rome Statute and the Court’s Rules of Procedure and Evidence neglect to delineate the standard of proof that must be met in order for the Court to render its complementarity-based admissibility determinations. What is more, neither instrument allocates the burden of proof required for these decisions. In considering these crucial operational elements of the complementarity regime, this chapter looks at burdens and standards of proof both generally and in specific relation to complementarity, focusing in particular on preliminary rulings regarding admissibility and admissibility challenges. Rather than provide definitive answers regarding the questions of applicable burdens and standards of proof, this chapter aims to contribute to the dialogue on these issues by examining emerging ICC jurisprudence and drawing upon the experience of other courts operating in international and municipal realms.
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