The principle of complementarity in the Rome Statute

Abstract

This paper examines the principle of complementarity in the Rome Statute of the International Criminal Court, as the principle governing the relationship between national criminal justice and international criminal justice, and defines the scope of the ICC's intervention in the prosecution of perpetrators of international crimes. The research aims to explain the concept of the principle of complementarity, its forms, the conditions for the holding of complementary jurisdiction, and the mechanisms of its practice, as well as its legal effects on states and the principles of international criminal law. The research adopted the analytical-deductive approach to analyze the texts of the Rome Statute and relevant jurisprudential opinions, and concluded that the jurisdiction of the International Criminal Court is based only on complementarity with national jurisdiction, so that the priority remains for the national judiciary when it is able and willing to conduct genuine investigations and trials. The research also showed that the court's intervention remains exceptional and is limited to cases of the state's inability or unwillingness to carry out its judicial duty. The research also addressed the mechanisms for referring cases to the Court, the role of each of the States parties, the Security Council and the Prosecutor, in addition to the impact of the principle of complementarity in the development of national legislation and the promotion of international judicial cooperation, while pointing to the most prominent legal and political challenges that may hinder the effective application of this principle. The research concludes that the principle of complementarity represents one of the most important guarantees that achieve a balance between respect for the sovereignty of states and the fight against impunity, in order to enhance the effectiveness of international criminal justice and enshrine the responsibility of states in prosecuting the perpetrators of international crimes.