نویسنده
استادیار گروه حقوق دانشگاه پیامنور، تهران، ایران
کلیدواژهها
عنوان مقاله English
نویسنده English
Kenyan domestic violence gave the first opportunity to exercise complementarity jurisdiction at the International Criminal Court due to the Kenyan government's unwilling in investigating and prosecuting the accused in ICC. Prosecutor used the first opportunity to conduct research in Kenyan case according to his own discretion. Unwillingness of Kenyan government in prosecuting authorities over their international crimes has different criteria which are recognized with the "same person/same conduct" criterion in this case. Kenyan government challenged the jurisdiction of the International Criminal Court in accepting Kenyan case because of its ambiguities. But prosecutors and judges of the Court used this criterion to prove that the Kenyan government did not investigation or prosecution against those individuals accused in the Court or they did not prosecute the related conduct of them. The question is whether the criteria for identifying "the same person, the same conduct" as considered by ICC, is ambiguous and precludes exercise complementarity jurisdiction in Kenya situation? Determinants of this criterion in Kenya situation indicate that the Kenyan government has not used its Criminal jurisdiction appropriately. Therefore, International Criminal Court has complementarity jurisdiction in this case.
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