Keywords: International Criminal Court; Admissibility; Complementarity; Inactivity; Unwillingness; Same Conduct Test
The article examines the recent decision of the PTC-I on the admissibility challenge filed by
Laurent Gbagbo's defence on 15th February 2013. The challenge was based on the existence of ongoing
national proceedings for "economic crimes" against Gbagbo, but the Court observed that
there was a substantial inactivity by the Ivorian national authorities and declared the case admissible.
The article argues that the Court had missed the opportunity to clarify some of the uncertainties
relating to the requirements for the admissibility of a case. In particular, it has failed to address
the issue of the application of the "same conduct test" and has, once again, used the argument of
inactivity as a ground for admissibility.