Ferioli, Maria Laura --- "Safeguarding defendants’ rights in transnational and international cooperation" [2017] ELECD 1502; in Van der Wilt, Harmen; Paulussen, Christophe (eds), "Legal Responses to Transnational and International Crimes" (Edward Elgar Publishing, 2017) 203

Book Title: Legal Responses to Transnational and International Crimes

Editor(s): Van der Wilt, Harmen; Paulussen, Christophe

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781786433985

Section: Chapter 11

Section Title: Safeguarding defendants’ rights in transnational and international cooperation

Author(s): Ferioli, Maria Laura

Number of pages: 17

Abstract/Description:

This chapter examines defendants’ rights in cooperation proceedings before the ICC. It locates the challenges faced by accused persons in the context of the unique structural system of the Court, with a particular focus on its complementary jurisdiction. By critically assessing the prosecution’s policy on complementarity and the Court’s case law on admissibility, the chapter shows how the organs of the Court have dealt with the tensions and limitations inherent in the ICC’s project. The chapter concludes that, so far, the Court has adopted a narrow interpretation of complementarity in order not to jeopardise states’ willingness to cooperate. On some occasions, however, this has been to the detriment of the rights of suspects and accused persons.