The Ensuing ‘Jurisdictional Joint Venture’, A Division of Labour Par Excellence

Abstract

There subsists a ‘jurisdictional joint venture’, this being a division of labour, or rather a burden shifting exercise between the vertical system of enforcement and the horizontal system of enforcement. Part III has shown that the ICC has a noteworthy role to play in the completion of the jigsaw-puzzle of international criminal justice. The vertical system of enforcement provides a solid platform for an understanding of the horizontal system of enforcement. The ICC Statute’s regime on the surrender of persons has eliminated virtually all grounds for refusal which can be found at the inter-State level. By way of example, throughout the drafting process of the ICC Statute, the non-extradition of nationals was deliberately removed from the grounds for refusal. State Parties to the ICC Statute are called upon to remove domestic barriers to surrender to the ICC which, in turn, must have good knowledge of the law of the requested State and must frame its request in such a way as to try to obtain the most favourable outcome therefrom. The constitution of a ground of refusal which is based upon the respect for human rights is increasingly being rendered superfluous with the advent of a solid infrastructure of human rights protection within the vertical system of enforcement. Besides the damaging lack of a police force which could execute arrests and surrenders, there exists a noticeable lacuna consisting in the absence of a procedural framework to cater for the effective steps which should follow a finding of a State’s non-compliance.