EJIL Article Discussion

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The relationship between domestic and international courts: the need to incorporate judicial politics into the analysis

In the latest issue of EJIL, Raffaela Kunz carefully examines the complex relationship between domestic and international courts in human rights adjudication. Amidst the well-known backlash from governments, she draws attention to the growing resistance of domestic high courts to decisions by their international counterparts as well as the main features of this resistance. Kunz traces how international human rights courts have developed tools to strengthen the impact of their decisions “on the ground”. She further examines how domestic courts perceive their role as “compliance partners” and how the greater interaction between them and international courts has increased the possibility of collaboration, yet also the likelihood of tensions and conflicts with their international counterparts. Domestic courts, she suggests, ultimately act as “gatekeepers” modulating the effect of international decisions over the domestic legal system.

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Response: Strengthening Justice for Victims Through Complementarity

Editor's Note: This post is part of our Joint Symposium with Justice in Conflict on Human Rights Watch's Report, Pressure Point: The ICC's Impact on National Justice  Many thanks to the editors and the contributors for making this online symposium possible. Our primary goal with Pressure Point was…

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The Ethos of “Positive Complementarity”

Editor's Note:This post is part of our Joint Symposium with Justice in Conflict on Human Rights Watch's Report, Pressure Point: The ICC's Impact on National Justice  I am grateful to Dapo Akande and Mark Kersten for their invitation to contribute to this “symposium” on HRW’s valuable report on the impact…

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A Complementarity Toolkit?

Editor's Note: This post is part of our Joint Symposium with Justice in Conflict on Human Rights Watch's Report, Pressure Point: The ICC's Impact on National Justice  In the long-term, bolstering national proceedings is crucial in the fight against impunity for the most serious crimes, and is fundamental to hopes…

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Complementarity (in)action in the UK?

Editor's Note: This post is part of our Joint Symposium with Justice in Conflict on Human Rights Watch's Report, Pressure Point: The ICC's Impact on National Justice  In response to the 2014 re-opening of an International Criminal Court (ICC) preliminary examination into…

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