Optimizing the International Criminal Justice System with a 'Positive-Enhanced' Approach

Download or read book Optimizing the International Criminal Justice System with a 'Positive-Enhanced' Approach written by Anna Oriolo and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Security Council and state practices in relation to the activation of the Court and the strategies of the Prosecutor in conducting investigations and prosecutions are interesting 'detectors' of the level of effectiveness achieved by the international criminal justice system created by the Rome Statute. The establishment of the ICC is part of the framework of the evolution of the judicial function resulting from a proliferation of tribunals and courts. However, the ICC is still an imperfect international criminal justice system that requires strengthening. We share the view of doctrine, which holds that the principle of complementarity should be 'newly construed to render it operational' and we believe that special attention should be paid to its 'positive dimension'. However, if the territorial state or national state of the suspected criminal is unable or unwilling to prosecute the crime or is not party to the ICC Statute, the positive complementarity strategy must be 'enhanced' by the 'vertical' role played by international institutions (ICC, UN bodies, regional organizations).