Basis and advantages performing principle of complementarity by the international criminal court

Authors

  • Awara H. Ahmed Department of Law, College of Law and Administration, University of Halabja, Halabja City, Kurdistan Region, Iraq
  • Zana R. Saeed Department of Law, College of Law, Jihan University- Sulaimaniya, Sulaymaniya City, Kurdistan Region, Iraq

DOI:

https://doi.org/10.32410/huj-10368

Keywords:

International criminal court, Principle of complementary, National criminal justice, National jurisdication

Abstract

International criminal court (ICC) It shall be a permanent institution and shall have the power to exercise its jurisdiction over natural persons for the most serious crimes of international concern, as referred to in its Statute (ICC statute), such as Genocide, crimes against humanity, war crimes and crime of aggression. ICC statute emphasizing that the ICC shall be complementary to national criminal jurisdictions, ICC wants to complement national judicial system not replace them, in this sense it recalling that it is the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes. Complementarity is meant to close gaps in the task of prosecuting perpetrators of international crimes. The principle of complementarity only allows the court to investigate and prosecute crimes and perpetrators, where the concerned state is unwilling or unable genuinely to carry out the investigation or prosecution. The important and main advantages and rationales behind the principle of complementarity are affirming that the most serious crimes of concern to the international community as a whole must not go unpunished. Prosecutions at the domestic level are generally preferred to perform before the ICC because as it generally favours a better access to evidence and testimony and tends to favour the participation to the trial of victims and witnesses and complementarity protects national sovereignty and at the same time promotes state action.

 

References

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سێیەم: پەیڕەوی بنەڕەتی دادگا و دەستووری نەتەوە یەکگرتووەکان

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Published

2021-03-20

How to Cite

H. Ahmed , A., & R. Saeed, Z. . (2021). Basis and advantages performing principle of complementarity by the international criminal court. Halabja University Journal, 6(1), 177–196. https://doi.org/10.32410/huj-10368

Issue

Vol. 6 No. 1 (2021): Issue Thirteen

Section

Articles

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Copyright (c) 2021 SettingsAwara H. Ahmed,SettingsZana R. Saeed

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