La competence complementaire de la Cour Penale Internationale a l'epreuve des lois d'amnistie inconditionnelle (2003)
in: Die Friedens-Warte, Volume 78, Issue 1, p. 53-62
ISSN: 0340-0255 (print), 2366-6714 (electronic)
This article gives attention to the question if an unconditional amnesty enacted by a State Party to the Statute of the International Criminal Court would be an obstacle for the Court to exercise its complementary competences. Two arguments are supporting a negative answer: in so far as the Statute considers crimes falling within the scope of its competences as a threat to international peace, the States could be viewed as forced to prosecute the authors of such acts by obligations erga omnes while all indications of a State not to comply would entitle the court to exercise its competences. Moreover, such laws ignore the will of the States to put an end to exemptions from punishment that are impeding the democratic order & are fostering other crimes. However, these arguments should not be regarded as decisive. Before exercising its competence the court should also consider other factors -- in particular the impact of such laws on the process of national reconciliation. Adapted from the source document.