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5 - Sovereignty and Complementarity

Published online by Cambridge University Press:  27 July 2023

Clare Frances Moran
Affiliation:
University of Aberdeen
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Summary

This chapter deals with an analysis of sovereignty and complementarity, including the political idea of ‘sovereignty costs,’ in which powerful actors will commit to actions which limit their power to achieve overarching aims. The exercise of complementarity in both postcolonial States and wealthy, Western States are also examined to determine whether such exercises of complementarity undermine the Court, or if these could reinforce the Court’s authority. The issue of shielding, as the protection of citizens from international prosecution through obfuscation, as a natural corollary to the preceding discussion, is then analysed, taking the examination of the situation in the UK/Iraq as a prime example. This serves as a precursor to a discussion of the examination of Afghanistan, which may confront the same issues and should be considered given that the UK/Iraq examination by the Court has now been concluded.

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Chapter
Information
The Authority of International Criminal Law
A Controversial Concept
, pp. 75 - 93
Publisher: Cambridge University Press
Print publication year: 2023

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