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AuthorHassanein, Ahmed Samir
Available date2021-02-11T08:56:04Z
Publication Date2015-01-01
Publication NameInternational Criminal Law Review
Identifierhttp://dx.doi.org/10.1163/15718123-01501002
CitationHassanein, Ahmed Samir. " Physical and Legal Inability under Article 17(3) of the Rome Statute". International Criminal Law Review 15.1 (2015): 101-123. https://doi.org/10.1163/15718123-01501002 Web.
ISSN1567536X
URIhttps://www.scopus.com/inward/record.uri?partnerID=HzOxMe3b&scp=84929171699&origin=inward
URIhttp://hdl.handle.net/10576/17676
AbstractWhile the complementary regime of the International Criminal Court (ICC) has been the subject of extensive examination in the literature, this article offers a new reading of the inability scenario that establishes a clear distinction between two different forms of inability under Article 17(3) of the Rome Statute. An in-depth analysis of this article as this review suggests, would show that the reason behind the inability of a national judicial system is attributed to one of two factors or even the two together; first, physical factors, in the case of ?total or substantial collapse?, and second, legal factors, in the case of 'unavailability of national judicial system'. Significantly, the aforementioned distinction is not limited to theoretical debate, but it has pivotal legal ramifications as the emerging practice of the ICC shows, or rather does not show, as it seems that the ICC confuses the two forms of inability.
Languagear
PublisherBrill Academic Publishers
Subjectinability under Article 17(3)
International Criminal Court (ICC) and national jurisdictions
legal inability
physical inability
principle of complementarity
TitlePhysical and legal inability under Article 17(3) of the Rome Statute
TypeArticle
Pagination101-123
Issue Number1
Volume Number15
ESSN1571-8123
dc.accessType Full Text


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