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Journal of International Criminal Justice Advance Access originally published online on June 15, 2009
Journal of International Criminal Justice 2009 7(2):257-279; doi:10.1093/jicj/mqp020
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© Oxford University Press, 2009, All rights reserved. For permissions, please email: journals.permissions@oxfordjournals.org

Shaping the Contours of Domestic Justice

The International Criminal Court and an Admissibility Challenge in the Uganda Situation

William W. Burke-White* and Scott Kaplan**

* Assistant Professor of Law, University of Pennsylvania Law School. [wburkewh{at}law.upenn.edu]
** University of Pennsylvania Law School, J.D. 2009 (expected). [snkaplan{at}law.upenn.edu]


  Abstract

The ICC Pre-Trial Chamber II (PTC) has recently initiated an inquiry into the admissibility of the case against the leadership of the Lords Resistance Army (LRA) in the Uganda situation. In an effort to resolve the conflict in northern Uganda, the government signed a preliminary agreement in 2006 with the LRA providing for domestic prosecution of the indictees. This article examines the issues regarding both the nature of challenging admissibility generally and particular issues that arise from such challenges in the context of state self-referrals. The article proposes three different visions of admissibility that may arise in an admissibility challenge and applies them to the current PTC examination as well as a possible challenge by Uganda. The article suggests a framework for analysis and considers the role of the Court in shaping the contours of acceptable domestic justice.


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