Asian Journal of Development Matters

  • Year: 2011
  • Volume: 5
  • Issue: 3

Enforcement of international criminal law

  • Author:
  • Venus Gharehbaghi1, T.R. Maruthi2
  • Total Page Count: 7
  • Page Number: 171 to 177

1Faculty in Law in Azad University Branch of Kazerun, Iran

2University of Mysore, Mysore

Online published on 14 February, 2012.

Abstract

The interaction between international and national law in determining whether a case is admissible from the viewpoint of complementarity (Article 17 of the Statute of the International Criminal Court) and with regard to the concept of ‘interests of justice’. Complementarity does not separate national from international criminal jurisdiction; nor does it put them in conflict with each other rather, it favours the afore mentioned interaction.

In addition, the concepts of ‘ability’ and ‘willingness’ tend to ensure an indirect harmonization of national criminal sys tems around common international criteria.

The ICTIY and ICTR are consider to be in vertical relationship with national jurisdiction the statute of ICITY and ICTR the priority of international courts recognized as primacy, article 9(1)ICTY statute and 8 (1)ICTR statute accepted that current jurisdiction exist between national court and UN tribunal.