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Note

Waivers of Complementarity in the ICC: Legality and Implications, Vol. 54

Michael S. Oaks †

6 Nov 2023

The Rome Statute, the International Criminal Court’s (ICC) constitution, treats states’ self-referrals of suspects before the ICC as a last resort for when states are unable to prosecute crimes domestically. Yet some states that are capable of prosecuting crimes domestically have controversially bypassed domestic prosecution in favor of prosecution by the ICC.

B.A., Brigham Young University, 2016; J.D./M.B.A./LL.M., Cornell University, 2022; General Editor, Cornell Journal of Law and Public Policy; recipient of Cornell Law School’s Morris P. Glushien Prize (for best Note addressing current social problems) because of this Note.