The principle of complementarity in the jurisdiction of the International Criminal Court
Keywords:
Complementarity of Jurisdiction, International Criminal Court, International Crimes, National Judiciary, Crime of Aggression, War Crimes, Crimes Against HumanityAbstract
This research examines the principle of complementarity within the jurisdiction of the International Criminal Court (ICC). The aim of this principle is to prevent impunity for perpetrators of international crimes, as defined in Article 5 of the Rome Statute. These crimes are considered to be the most serious threats to international stability. These crimes include genocide, crimes against humanity, war crimes and the crime of aggression. It should be noted that these crimes fall under the jurisdiction of national criminal courts. However, if it is established that the national judiciary is unable to prosecute the perpetrators of these crimes due to a lack of jurisdiction, a failure resulting from the collapse of its judicial or administrative system, or a lack of seriousness in bringing the accused to trial, jurisdiction then transfers to the ICC, which is tasked with prosecuting offenders of these crimes in accordance with the principle of complementarity.
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