Stocktaking: Complementarity (The Rome Statute Review Conference)


ICTJ; Marieke Wierda

According to the Rome Statute, the International Criminal Court (ICC) will investigate and prosecute where States are “unwilling or unable genuinely” to do so. This paper outlines the challenge of complementarity, including the potential for positive complementarity and the role of the Court. It concludes that all supporters of the Rome Statute and the ICC should focus on strengthening the practical infrastructure of complementarity—particularly positive complementarity —in years to come. The Court has defined a limited role for itself and should be supported in its efforts.

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