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19 Int'l Crim. L. Rev. 1 (2019)

handle is hein.journals/intcrimlrb19 and id is 1 raw text is: 

                  INTERNATIONAL CRIMINAL LAW REVIEW             CriminalLaw
 BRILL                        19 (2019) 1-14                    Review
NIJHOFF                                                          brill.com/icla

Introduction: National Prosecutions of

International Crimes: Sentencing Practices and

(Negotiated) Punishments

The year 2o18 marked the twentieth anniversary of the Rome Statute of the
International Criminal Court (icc). Following the creation and operation of
various ad hoc international and internationalised criminal tribunals, the Icc
was welcomed with great anticipation and high hope as a global institution
that would speak justice to power, hold high-level perpetrators accountable
and satisfy the victims of the most serious crimes of international concern.
Twenty rather turbulent years later, some would say that international crimi-
nal justice is in crisis.1 The first ad hoc courts have closed their doors and
transferred their remaining cases to domestic jurisdictions or their follow-up
mechanisms, others are struggling to complete their mandates. Given its rela-
tively meagre record up till now the icc is facing ever increasing criticism from
States, academia and commentators.
   Despite their place at the centre of scholarly, political and diplomatic at-
tention in 'ending impunity, the prosecution of international crimes by the
international(ised) courts have so far constituted only the tip of the imaginary
iceberg of criminal justice after mass violence. Due to legal, practical and po-
litical constraints, the international criminal courts and tribunals have pros-
ecuted, and in the foreseeable future will prosecute, only a marginal number of
individuals suspected of having committed the most serious crimes of interna-
tional concern. It is therefore clear that the largest number of prosecutions for
this type of crime will continue to occur at the domestic level.2 Based on the
principle of complementarity, domestic courts are ascribed a prominent place

i Cf. Mark Kersten, Yes, the ice is in Crisis: It Always Has Been, https://justiceinconflict
   .org/2015/02/24/yes-the-icc-is-in-crisis-it-always-has-been/, accessed 16 October 2018;
   Matingai V.S. Sirleaf, 'Regionalism, Regime Complexes and the Crisis in International Crimi
   nalJustice', 54 Colum.J Transnat'lL. (2o16) 699-778.
2 For a discussion on whether the future of international criminal justice is domestic see
   Carsten Stahn, 'The Future of International Criminal Justice', 4(3) Hague Justice Journal
   (2009) 257-266, based on Anne Marie Slaughter and William Burke-White, 'The Future of
   International Law is Domestic (or, The European Way of Law), 47(2) Harvard Journal of
   InternationalLaw (2006) 327-352.
( BARBORA HOLA, ROISiN MULGREW AND JORIS VAN WIJK, 2018 1 DOI 10.1163/15718123-01901001
This is an open access article distributed under the terms of the prevailing CC-BY-NC license at the time of

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