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Safeguarding defendants’ rights in transnational and international cooperation

In: Legal Responses to Transnational and International Crimes

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  • Maria Laura Ferioli

Abstract

This chapter examines defendants’ rights in cooperation proceedings before the ICC. It locates the challenges faced by accused persons in the context of the unique structural system of the Court, with a particular focus on its complementary jurisdiction. By critically assessing the prosecution’s policy on complementarity and the Court’s case law on admissibility, the chapter shows how the organs of the Court have dealt with the tensions and limitations inherent in the ICC’s project. The chapter concludes that, so far, the Court has adopted a narrow interpretation of complementarity in order not to jeopardise states’ willingness to cooperate. On some occasions, however, this has been to the detriment of the rights of suspects and accused persons.

Suggested Citation

  • Maria Laura Ferioli, 2017. "Safeguarding defendants’ rights in transnational and international cooperation," Chapters, in: Harmen Van der Wilt & Christophe Paulussen (ed.), Legal Responses to Transnational and International Crimes, chapter 11, pages 203-219, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:17489_11
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    Law - Academic;

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