engleski

The Principle of Complementarity in the Jurisprudence of the ICC

This paper deals with the principle of complementarity as one of the most important principles governing the functioning of the International Criminal Court. The purpose of this principle is to delineate the jurisdiction of the Court from that of States. However, despite the relatively clear guidelines set in article 17 of the Rome Statue, the application of this principle has already proven to be difficult in practice. The authors analyze the development of the twofold test in the case law of the International Criminal Court, starting with the requirement of ongoing proceedings and then moving to the notions of unwillingness and inability. Special emphasis is given to the issue of due process and to the controversial claim that unfair proceedings at the national level should, in themselves, render the case admissible before the ICC.

complementarity ; proceedings requirement ; unwillingness ; inability ; due process

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