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)

Florida International University Legal Studies Research Paper No. 17-09

31 Pages Posted: 25 Apr 2017  

Megan Fairlie

Florida International University (FIU) - College of Law

Date Written: April 1, 2017

Abstract

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.

Suggested Citation

Fairlie, Megan, Burdens and Standards of Proof for Complementarity Determinations (April 1, 2017). 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); Florida International University Legal Studies Research Paper No. 17-09. Available at SSRN: https://ssrn.com/abstract=2957568

Megan Fairlie (Contact Author)

Florida International University (FIU) - College of Law ( email )

11200 SW 8th St.
RDB Hall 1097
Miami, FL 33199
United States

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