16. International versus national jurisdiction
16. International versus national jurisdiction
- Antonio Cassese,
- Paola Gaeta,
- Laurel Baig,
- Mary Fan,
- Christopher Gosnell
- and Alex Whiting
Abstract
This chapter discusses the main models that have been established to regulate issues of concurrent jurisdiction of international and national criminal courts over certain international crimes. It compares the Nuremberg scheme and the International Criminal Court (ICC) scheme. It considers the primacy of international criminal courts with respect to national jurisdictions, and the complementarity of the ICC. It also discusses the main models of states’ judicial cooperation with international criminal courts adopted so far.