The Judgment Against Lubanga Dyilo: The First Case of Breach of Complementarity?

Author/s Elisabetta Bonomo
Publishing Year 2012 Issue 2012/3 Language Italian
Pages 6 P. 580-585 File size 87 KB
DOI 10.3280/DUDI2012-003006
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On 14th March 2012 Mr Thomas Lubanga Dyilo was convicted by the International Criminal Court for the conscription of children under the age of 15 (war crimes pursuant to art. 8, par. 2, (e), (viii) of the Rome Statute). The Lubanga Dyilo case shows the wide interpteration given by the ICC to the principle of complemetarity, that seems contrary to the aims affirmed in the Preamble and those pursued by the Office of the Prosecutor. Indeed, the admissibility of the Lubanga Dyilo case appears to be inconsistent with the "proactive complemetarity" that should bring to a strict and objective interpretation of the concepts of "unwillingness" and "inability". Furthermore, the analysis is intended to demonstrate that the right moment to proceed with a formal verification of the admissibility should not come before the issue of a warrant of arrest.

Elisabetta Bonomo, La sentenza della Corte penale internazionale contro Lubanga Dyilo: il primo caso di complementarietà calpestata? in "DIRITTI UMANI E DIRITTO INTERNAZIONALE" 3/2012, pp 580-585, DOI: 10.3280/DUDI2012-003006