Practice question
A State invokes an ongoing national investigation of the same case to contest ICC admissibility. Evidence establishes that its proceedings were created to shield the suspect from criminal responsibility rather than genuinely investigate. All other relevant ICC requirements are satisfied. What is the best Article 17 analysis?
- The mere existence of a file conclusively bars the ICC.
- Shielding automatically proves the suspect's substantive guilt.
- The shielding purpose is an express indicator of unwillingness, so the national proceeding is not an automatic complementarity bar.
- The ICC must act as an appellate court reviewing every national civil case.
- Any national proceeding permanently eliminates all ICC jurisdiction.
Legal references
- Rome Statute, Articles 1, 17, 25–27 and 127, https://legal.un.org/icc/statute/99_corr/cstatute.htm
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