, Volume 19, Issue 1, pp 59-85
Date: 20 Dec 2007

Implementing a Policy of Positive Complementarity in the Rome System of Justice

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Assistant Professor of Law, University of Pennsylvania School of Law, JD (Harvard, 2002), Ph.D. (Cambridge, 2006). The author wishes to thank Luis Moreno Ocampo and the Jurisdiction, Cooperation and Complementarity Division of the ICC, particularly Paul Seils, Wilbert von Hovel, and Silvia Fernández de Gurmendi, for their insight and assistance. Thanks are due to those who read or commented on earlier drafts of this work including William Schabas, Colleen Burke, Carsten Stahn, the participants in the Vienna meeting of the Association of Human Rights Institutes and the participants in the TMC Asser Institute/University of Leiden Seminar. The author is grateful for research assistance from Adam Pollock and Maryam Jamshidi. Enormous debt is due to Mohamed El Zeidy for his ideas and contributions. For financial support the author is grateful to the University of Pennsylvania Faculty Summer Research Program. The author can be reached at wburkewh@law.upenn.edu. Though the author has served as a Visiting Scholar in the Office of the Prosecutor, International Criminal Court, the ideas expressed in this paper do not necessarily reflect the views of the Office and are attributable solely to the Author.