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International Law Transformed? From Pinochet to Congo…?

Published online by Cambridge University Press:  02 May 2003

PHILIPPE SANDS
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Abstract

Drawing from the Pinochet and Congo v. Belgium judgments, this paper addresses issues arising from the question of which courts (national or international?) are best suited to exercise jurisdiction over individuals accused of crimes against humanity, war crimes, or genocide. It begins by looking at the approach taken in the Statute of the International Criminal Court. It moves on to discuss established views on the matter in general international law and the opposing visions of this relationship depicted in the Pinochet and Congo v. Belgium cases. It closes by addressing the consequences of the prevalence of one or the other view for the future of international law and the prosecution of international crimes.

Keywords

Congo v. Belgium caseimmunity from jurisdictionInternational Criminal Courtnational courts and international courtsPinochet case
Type
ARTICLES
Information
Leiden Journal of International Law , Volume 16 , Issue 1 , March 2003 , pp. 37 - 53
Copyright
© Foundation of the Leiden Journal of International Law

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