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Complementarity and alternative justice.

Gordon, Gregory S.
June 4, 2015

Source: (2009) ExpressO Available at: .

Based on these questions and others, this Article proposes a set of evaluative criteria the ICC can
use to formulate an admissibility test for conducting complementarity analysis in difficult cases
of domestic resort to alternative justice mechanisms. Part II provides an overview of the statutory
framework of the ICC complementarity regime and explain how it functions. Part III examines
some of the forms of alternative justice that might confront the ICC in applying an admissibility
test, including traditional practices such as mato oput (and judicially hybridized forms of such
practices), truth commissions, lustration (a political vetting mechanism), reparations and
amnesties. Part IV then sets out the analytic criteria as organized into five general categories: (1)
circumstances surrounding the ICC referral and request for deferral; (2) political system and
infrastructure in the domestic jurisdiction; (3) analysis of the alternative justice mechanism itself; (4) analysis of the crimes at issue; and (5) analysis of the prosecution target. Part V then applies
the test to the case of the LRA leaders and the alternative justice mechanisms proposed in the
LRA-Uganda peace accord. (excerpt)


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