The Principle of Complementarity in International and National Jurisdictions in Relation to the Rome Statute of the International Criminal Court
Dr. Khaled Al-Hasani
Faculty of Law and Political Science Abdulrahman Mira University – Bejaia – Algeria
Abstract:
The principle of complementarity is meant to put an end to impunity for those involved in the crimes mentioned in Article Five of the Rome Statute of the International Criminal Court (ICC). The crimes in Article Five are so serious that they affect the entire international community. These crimes are as follows: genocide, crimes against humanity, war crimes and crimes of aggression.
These crimes are first and foremost the responsibility of the individual states and not that of the ICC. However, the latter may exercise its jurisdiction if it finds that the state in question is unable to complete the investigation and initiate a prosecution. The ICC may also prosecute if there is no desire to bring the alleged perpetrators to justice or if there is an attempt to judge summarily in order not to appear before the ICC and simply to silence international opinion. Based on the fact that the jurisdiction of the ICC is complementary to national jurisdiction, it incites and encourages states to continue themselves as actors of these crimes and help perpetrators to avoid appearing before the International Criminal Court.