Academic Paper from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 1.0, University of Pretoria, language: English, abstract: This study seeks to establish how the legal and institutional framework for positive complementarity may be effectively implemented. It is argued that the existing legal and institutional framework in respect of the effective combatting of impunity is largely unsatisfactory. The evolution of the principle of complementarity, in the context of the Rome Statute, is explored with emphasis on the theoretical constraints on the principle which, in turn, raise practical challenges. The analysis provides a theoretical background to the conceptualisation of positive complementarity. The study traces the evolution and development of the concept of positive complementarity, examining its characteristic features and attributes, and the possibilities and opportunities the concept presents for the effective combatting of impunity. It examines the various scholarly arguments and propositions advanced to explain the concept of positive complementarity, and analyses the attendant challenges and limitations. It is noted that there is no fixed and universally acceptable definition of positive complementarity. It is therefore argued that there is a need for the establishment of a coherent legal and institutional framework for positive complementarity. In this light, appropriate policy alternatives and considerations both domestically and internationally, are considered. On the international level limitations characterising the current institutional framework of the Secretariat of the Assembly of States Parties (ASP Secretariat) are identified. It is argued that a fundamental restructuring of the ASP Secretariat is essential and measures to restructure the ASP Secretariat in order to reinforce its effectiveness in fulfilling its mandate on positive complementarity are identified. At the domestic level, the various aspects of implementing legislation are discussed. In conclusion, the establishment of an independent office to address positive complementarity and revitalise the institutional framework within the legal structures of the ASP Secretariat, is examined. The study envisages that the proposed institutional framework for the ASP Secretariat, if implemented, would effectively support the national jurisdictions of state parties in their implementation of the concept of positive complementarity. This study represents an unequivocally original contribution to knowledge and research.

Auteur

Prof. Dr Adv Milton Owuor, PhD, is an all-round society conscious international criminal lawyer by profession. He is candidate for admission to the prestigious New York State Bar. Prof. Dr Adv Milton is on high demand worldwide, for high profile pro bono legal consultancy - He undertook high profile consultancy on the US Attorney-General's Department of Justice policy on Cy pres doctrine in US Federal Courts, at Goldwater Institute in Phoenix, Arizona, USA. Dr Adv Milton is an active member of the International Law Association (ILA) in good standing. He is an advocate of over 24 years standing having been admitted and 'called to the Bar' to practice as an Advocate in 1995. He belongs to the legal academia. Prof. Dr Adv Milton holds a PhD in International Criminal Law. He is the Founder Chairman & CEO of Centre for International Criminal Justice (Africa) He has demonstrated exceptional brilliance throughout his academic career. He won the prestigious Hamilton Harrison & Mathews Merit Prize for being the Best Law Student -academic year 1989/90. He graduated among the top candidates in his class with a Bachelor of Laws (LL.B) (Honours) degree in 1993. In the same year, he won a University Staff Development Postgraduate Scholarship, and he taught Law of Taxation to Final year LLB students. He has also lectured law to Bachelor of Law (LL.B) students undertaking the LLB External programme of the University of London. Prof. Dr Advocate Milton was Founder of the first ever accredited private law school in Botswana. He alone designed the first ever accredited Certificate in law programme in Botswana. He has published widely within the realm of legal academia. One of his outstanding publications is a "Handbook on the Constitution of Botswana: Questions and Facts" (ISBN 99912-0-418-0 ), which is a recommended text book for reference in schools and universities. Dr Adv Milton's PhD doctoral research entitled "The International Criminal Court and Positive Complementarity: Legal and institutional framework" makes far reaching recommendations for the restructuring and reform of the Assembly of States Parties of the International Criminal Court. His recent publication is an outstanding intellectual analysis entitled "United States Attorney-General's Justice Department policy on the application of the Cy Pres Doctrine in Federal Courts of the United States of America."(ISBN: 9783668720497)