Title Page
ABSTRACT
Contents
ABBREVIATION 15
CHAPTER 1. INTRODUCTION 16
1.1. Introduction 16
1.2. Study Objectives 19
1.3. Scope and Limitation of the study 21
1.4. Research Methodology 22
CHAPTER 2. GENERAL BACKGROUNDS OF THE CENTRAL AFRICAN REPUBLIC AND THE BRIEF INTRODUCTION OF THE INTERNATIONAL CRIMINAL COURT AND THE SPECIAL CRIMINAL COURT 24
2.1. General Backgrounds of the Central African Republic 24
2.1.1. Key factors of the conflict in the Central African Republic 25
2.1.2. International responses and actions to the violent crises in Central African Republic 29
2.1.3. The establishment of the new Government in Central African Republic 34
2.1.4. Humanitarian Crisis Situations 36
2.1.5. Analysis of the notion of War crimes and Crimes against Humanity committed in Central African Republic in regard with ICC Statute 37
2.2. General Introduction of the International Criminal Court (ICC) 48
2.2.1. The United Nations, Africa and the ICC 49
2.2.2. ICC's Subject Matter Jurisdiction 51
2.2.2. ICC's Intervention in Central African Republic 53
2.3. General Overview of the Special Criminal Court in Central African Republic 56
2.3.1. Historical Context of CAR and the Establishment of the SCC 57
2.3.2. The importance of the implementation of the SCC 61
2.3.3. The SCC's Subject Matter Jurisdiction 63
CHAPTER 3. THE RELATIONSHIP BETWEEN THE INTERNATIONAL CRIMINAL COURT AND THE SPECIAL CRIMINAL COURT IN CENTRAL AFRICAN REPUBLIC - THE COMPLEMENTARITY PRINCIPLE BETWEEN ICC AND SCC 68
3.1. Introduction to the ICC and Complementarity Principle 68
3.1.1. Primacy versus Complementarity and the Introduction of International Criminal Court 69
3.1.2. Introduction of Complementarity Principle under Rome Statute 80
3.1.3. The notion of Positive Complementarity 98
3.2. The Relationship between the Special Criminal Court and International Criminal Court in views of Complementarity Principle 101
3.2.1. The Special Criminal Court's Legal Framework in line with the ICC's Complementarity regime 102
3.2.2. The Concurrent jurisdiction between the SCC and ICC 120
3.3. The Special Criminal Court in comparison with establishments of other mixed courts and international tribunals 123
3.3.1. Special Court for Sierra Leone 123
3.3.2. Special Tribunal for Lebanon 125
3.3.3. Extraordinary Chambers in the Courts of Cambodia 127
CHAPTER 4. THE ROLE OF THE INTERNATIONAL CRIMINAL COURT IN VIEWS OF COOPERATING WITH THE NEW SPECIAL CRIMINAL COURT AND CHALLENGES OF THE ESTABLISHMENT OF THE SPECIAL CRIMINAL COURT IN CENTRAL AFRICAN REPUBLIC 131
4.1. Clarifying the relationships of Special Criminal Court to the ICC, UN and Foreign Donors 131
4.1.1. The relationship with ICC in view of Complementarity Principle 132
4.1.2. The relationship with United Nations 136
4.1.3. The relationship with Foreign Donors 138
4.2. The importance of the cooperation of the authorities with the ICC based on Complementarity 140
4.2.1. In Democratic Republic of the Congo 141
4.2.2. In Sudan 142
4.3. Challenges facing the Special Criminal Court 144
4.3.1. The lack of clear regulation on how SCC - ICC should cooperate on Concurrent Jurisdiction 144
4.3.2. Insufficient resources and lack of political commitment 146
4.3.3. Long-term funding of the Court and lack of vetting mechanism of the human resources 148
4.3.4. Insecurity and fragile domestic legal system 150
CHAPTER 5. RECCOMMENDATIONS FOR THE FUTURE OPERATIONS OF THE SPECIAL CRIMINAL COURT IN CENTRAL AFRICAN REPUBLIC ON VIEW OF COMPLEMENTARITY COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT 153
5.1. The National efforts to operate the Special Criminal Court in cooperation with ICC 154
5.1.1. Amendment on the Article 37 and Article 56 of the SCC Law 155
5.1.2. The need for a provision regulating how the SCC - ICC should cooperatively relate in the SCC law 157
5.1.3. The need for a Memorandum of Understanding between the ICC - SCC to govern cooperation 159
5.1.4. The need for information publicity of the SCC's mandate to the people of CAR and vetting mechanism of judicial staffs sources 160
5.2. The International Efforts to assist the work of the SCC 161
5.2.1. ICC should be an assistant to SCC by positive complementarity principle 161
5.2.2. The cooperation of the international intervention factors in Central African Republic 162
CHAPTER 6. CONCLUSION 165
REFERENCES 168