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Author:   Christian M. De Vos
Publisher:   Cambridge University Press
Imprint:   Cambridge University Press
Dimensions:   Width: 15.60cm , Height: 2.40cm , Length: 23.50cm
Weight:   0.660kg
ISBN:  

9781108472487

ISBN 10:   1108472486
Pages:   384
Publication Date:   23 April 2020
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In stock  
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Table of Contents

1. Introduction; Part I. The ICC and Complementarity: Evolutions, Interpretations, Implementation: 2. Tracing an idea, constructing a norm: complementarity as a catalyst; 3. Mirror images? Complementarity in the courtroom; 4. Leveraging the Hague: complementarity and the Office of the Prosecutor; Part II. The ICC in Uganda, Kenya, and the Democratic Republic of Congo: 5. Compliance and performance: implementation as domestic politics; 6. Competing, complementing, copying: domestic courts and complementarity; 7. Catalysing opportunity: complementarity and domestic proceedings; 8. Conclusions and recommendations.

Reviews

'De Vos' careful, rich, and well-informed study of the complementarity regime of the International Criminal Court shines by claiming neither too little nor too much. Illuminating how international justice interacts with national processes in three places, and how the first can catalyze the second, he concludes with a persuasive call to hopeful modesty about expectations.' Samuel Moyn, Henry R. Luce Professor of Jurisprudence and Professor of History, Yale University 'Christian De Vos detoxes the ICC from its demons. He does so gently, respectfully, wisely, and firmly. He delivers the most sophisticated, insightful, and compelling assessment currently available about the ICC and its strained, awkward relationships with others. And, De Vos builds, too, beautifully, by charting a path forward. His book stands tall. It has soul. It flows with roll, pitch, and yaw: De Vos delivers a gleaming must-read.' Mark A. Drumbl, Class of 1975 Professor of Law, Director, Transnational Law Institute, Washington and Lee University 'With an exquisite analysis of the ICC's catalytic impact in Uganda, the Democratic Republic of the Congo and Kenya, Complementarity, Catalysts, Compliance offers a brilliant analysis of the changes in complementarity as we know it. Christian De Vos' rethinking of its role in practice contributes a deeply insightful understanding of the transformation of international justice in the contemporary period. With breadth, depth and analytic innovation, this is a tour de force - a must read in international justice scholarship!' Kamari Clarke, University of California, Los Angeles 'De Vos has written an exceptional book. Complementary, Catalysts, Compliance evinces a masterful use of interdisciplinary techniques to illuminate how the International Criminal Court - and the idea of the Court - have been constructed, thwarted, re-imagined and transformed, as well as the dynamic actors and political contexts that have shaped these processes. With unflinching honesty, the book tests the scholar's insights against richly researched and analyzed case studies; these, in turn, provide a rich seedbed for prescription. More than a brilliant intellectual account - though it is surely that - Complementary, Catalysts, Compliance offers valuable guidance for policy-makers and those who work on the front-lines of post-conflict justice.' Diane Orentlicher, American University 'This erudite and insightful book explores a fundamental question: Can international criminal justice be truly global? Deftly exploring the International Criminal Court in light of its potential and parameters, its cases and constraints, De Vos illuminates the tensions a faraway court poses for the workings of rule of law on the ground. A must read for scholars and policy analysts alike.' Ruti Teitel, Ernst C. Stiefel Professor of Comparative Law, New York Law School 'Christian De Vos has done the seemingly impossible: write a book two decades into the ICC's existence that says something new about the Court's foundational principle, complementarity. In this meticulously researched and beautifully written book, De Vos demonstrates that the principle of complementarity has generally catalyzed domestic accountability mechanisms not by policing how states prosecute international crimes, but by encouraging non-state actors to promote - sometimes for good, sometimes for ill - a global norm of accountability. All future work on complementarity will have to grapple with this counterintuitive insight.' Kevin Jon Heller, University of Amsterdam 'Justice is best done, where possible, at home. That sentiment underlies the idea of complementarity, at the International Criminal Court and elsewhere. De Vos explores the relationship between national legal and political processes and the work of the ICC, grounding his sophisticated analysis and nuanced conclusions in field research as well as legal and political theory. It turns out that the idea of international justice as a catalyst for national justice is more challenging and complicated than first thought. This exploration of those complexities moves the discussion forward, while telling a set of compelling stories about the many paths to justice.' Naomi Roht-Arriaza, Albert Abramson Distinguished Professor of Law, University of California 'Christian De Vos brings fresh insights to the raging debates around the International Criminal Court in Africa. His rigorous analysis of the ICC's operations in Uganda, the DRC and Kenya uncovers rich and surprising findings across these cases, showing how widely the Court's effects have varied depending on the domestic context. As the ICC enters its third decade of operation, his conclusion that the ICC's practice of complementarity has catalysed African civil society much more than national judiciaries - the Court's intended audience - demands urgent consideration.' Phil Clark, School of Oriental and African Studies, University of London 'De Vos' careful, rich, and well-informed study of the complementarity regime of the International Criminal Court shines by claiming neither too little nor too much. Illuminating how international justice interacts with national processes in three places, and how the first can catalyze the second, he concludes with a persuasive call to hopeful modesty about expectations.' Samuel Moyn, Henry R. Luce Professor of Jurisprudence and Professor of History, Yale University 'Christian De Vos detoxes the ICC from its demons. He does so gently, respectfully, wisely, and firmly. He delivers the most sophisticated, insightful, and compelling assessment currently available about the ICC and its strained, awkward relationships with others. And, De Vos builds, too, beautifully, by charting a path forward. His book stands tall. It has soul. It flows with roll, pitch, and yaw: De Vos delivers a gleaming must-read.' Mark A. Drumbl, Class of 1975 Professor of Law, Director, Transnational Law Institute, Washington and Lee University 'With an exquisite analysis of the ICC's catalytic impact in Uganda, the Democratic Republic of the Congo and Kenya, Complementarity, Catalysts, Compliance offers a brilliant analysis of the changes in complementarity as we know it. Christian De Vos' rethinking of its role in practice contributes a deeply insightful understanding of the transformation of international justice in the contemporary period. With breadth, depth and analytic innovation, this is a tour de force - a must read in international justice scholarship!' Kamari Clarke, University of California, Los Angeles 'De Vos has written an exceptional book. Complementary, Catalysts, Compliance evinces a masterful use of interdisciplinary techniques to illuminate how the International Criminal Court - and the idea of the Court - have been constructed, thwarted, re-imagined and transformed, as well as the dynamic actors and political contexts that have shaped these processes. With unflinching honesty, the book tests the scholar's insights against richly researched and analyzed case studies; these, in turn, provide a rich seedbed for prescription. More than a brilliant intellectual account - though it is surely that - Complementary, Catalysts, Compliance offers valuable guidance for policy-makers and those who work on the front-lines of post-conflict justice.' Diane Orentlicher, American University 'This erudite and insightful book explores a fundamental question: Can international criminal justice be truly global? Deftly exploring the International Criminal Court in light of its potential and parameters, its cases and constraints, De Vos illuminates the tensions a faraway court poses for the workings of rule of law on the ground. A must read for scholars and policy analysts alike.' Ruti Teitel, Ernst C. Stiefel Professor of Comparative Law, New York Law School 'Christian De Vos has done the seemingly impossible: write a book two decades into the ICC's existence that says something new about the Court's foundational principle, complementarity. In this meticulously researched and beautifully written book, De Vos demonstrates that the principle of complementarity has generally catalyzed domestic accountability mechanisms not by policing how states prosecute international crimes, but by encouraging non-state actors to promote - sometimes for good, sometimes for ill - a global norm of accountability. All future work on complementarity will have to grapple with this counterintuitive insight.' Kevin Jon Heller, University of Amsterdam 'Justice is best done, where possible, at home. That sentiment underlies the idea of complementarity, at the International Criminal Court and elsewhere. De Vos explores the relationship between national legal and political processes and the work of the ICC, grounding his sophisticated analysis and nuanced conclusions in field research as well as legal and political theory. It turns out that the idea of international justice as a catalyst for national justice is more challenging and complicated than first thought. This exploration of those complexities moves the discussion forward, while telling a set of compelling stories about the many paths to justice.' Naomi Roht-Arriaza, Albert Abramson Distinguished Professor of Law, University of California 'Christian De Vos brings fresh insights to the raging debates around the International Criminal Court in Africa. His rigorous analysis of the ICC's operations in Uganda, the DRC and Kenya uncovers rich and surprising findings across these cases, showing how widely the Court's effects have varied depending on the domestic context. As the ICC enters its third decade of operation, his conclusion that the ICC's practice of complementarity has catalysed African civil society much more than national judiciaries - the Court's intended audience - demands urgent consideration.' Phil Clark, School of Oriental and African Studies, University of London

Author Information

Christian M. De Vos is a senior advocacy officer with the Open Society Justice Initiative. He has worked as a human rights advocate, attorney, and researcher for organizations including Amnesty International, the United States Institute of Peace, the War Crimes Research Office, and Leiden University's Grotius Centre for International Legal Studies. He previously clerked for the United States Court of Appeals for the Second Circuit. He has published in a number of leading academic journals and was a coeditor of the volume Contested Justice: The Politics and Practice of International Criminal Court Interventions (with Sara Kendall and Carsten Stahn, 2015). A graduate of American University, Washington College of Law (J.D.) and Leiden University (Ph.D.), De Vos is a member of the New York Bar and was a term member of the Council on Foreign Relations.

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