EAN: 9783319467795

THE COMPLEMENTARITY REGIME OF THE INTERNATIONAL...

This book analyses how the complementarity regime of the ICC's Rome Statute can be implemented
in member states  specifically focusing on African states and Nigeria. Complementarity is the
principle that outlines the primacy of national courts to prosecute a defendant unless a state
is 'unwilling' or 'genuinely unable to act'  assuming the crime is of a 'sufficient gravity'
for the International Criminal Court (ICC). It is stipulated in the Rome Statute without a
clear and comprehensive framework for how states can implement it. The book proposes such a
framework and argues that a mutually inclusive interpretation and application of
complementarity would increase domestic prosecutions and reduce self-referrals to the ICC.
African states need to have an appropriate legal framework in place  implementing legislation
and institutional capacity as well as credible judiciaries to investigate and prosecute
international crimes. The mutually inclusive interpretation of the principle of complementarity
would entail the ICC providing assistance to states in instituting this framework while being
available to fill the gaps until such time as these states meet a defined threshold of
institutional preparedness sufficient to acquire domestic prosecution. The minimum
complementarity threshold includes proscribing the Rome Statute crimes in domestic criminal law
and ensuring the institutional preparedness to conduct complementarity-based prosecution of
international crimes. Furthermore  it assists the ICC in ensuring consistency in its
interpretation of complementarity.

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