Examining the ICC's impact on the rule of law in Côte d'Ivoire and Libya: catalysts, multi-level judicial dialogue and local ownership in prosecuting and judging international crimes

This research consists of an empirically informed analysis of the ICC’s impact on the rule of law in Côte d’Ivoire and Libya through the lens of admissibility and co-operation. It first asks how the principle of complementarity has been construed and implemented in practice and considers what this means for local ownership. Secondly, it examines how, and to what extent, the ICC’s engagement in Côte d’Ivoire and Libya and approach to co-operation has affected the rule of law. In particular, it analyses “own side” cases where there are allegations that the victors also committed international crimes in the process of overturning an incumbent regime responsible for gross human rights abuses. It compares proceedings against the former regime with the situation in regard to the new authorities and considers whether the ICC has influenced efforts towards equal accountability. The central theme is that of “positive complementarity”, the hypothesis being that a greater impact on the rule of law could be achieved through supporting local ownership by recognising investigations and trials at the domestic level and rendering “reverse co-operation” to assist these accountability efforts in even the most difficult cases. Part One begins with a theoretical analysis. Chapter II considers local ownership, transitional justice, complementarity and its catalytic effects. Chapter III analyses admissibility, while Chapter IV examines co-operation. Part Two consists of a practical analysis of the impact of the ICC’s engagement in Côte d’Ivoire and Libya. Chapter V examines the situation in Côte d’Ivoire while Chapter VI examines Libya. Chapter VII provides recommendations for ICC reform. The thesis concludes by considering the ICC’s place in relation to national transitional justice processes and further explores local ownership and multi-level dialogue going forward.