The Impact of Complementarity on National Implementation of Substantive International Criminal Law

Bibliographic Data

ID12734336
AuthorsJ K Kleffner (corresponding author)
Year2003
Volume1
Issue1
Pages86-113
Publication date2003-04-01
Open AccessNo
TypeARTICLE
VenueJournal of International Criminal Justice (JOURNAL)
Journal identifiersISSN: 1478-1395 • E-ISSN: 1478-1387
PublisherOxford University Press (OUP) (PUBLISHER)
DOI10.1093/jicj/1.1.86
OpenAlexW1968095267
LanguageEN
Citations received6

The complementary nature of the International Criminal Court (ICC) raises a number of pertinent issues with regard to the establishment of legislative frameworks for investigating and prosecuting genocide, crimes against humanity and war crimes on the national level. Such legislative frameworks reflect the aim of States to ensure that cases are not brought before the Court, because their laws satisfy the complementarity requirements. While complementarity thereby creates a strong incentive for national implementation, and arguably even involves an obligation for States parties, States have a variety of options at their disposal. As a rule, these options find their limits in the full criminalization of conduct that is also punishable before the ICC, although the Statute does not provide conclusive guidance with respect to a number of questions, including the availability of international immunities and the establishment of universal jurisdiction. The answers to these questions lie in a careful balance between minimalism and over‐assertiveness

Complementarity (molecular biology · Crimes against humanity · Genocide · International law · Legislature · Obligation · Political science · Proportionality (law · Statute · War crime · Global Peace and Security Dynamics · Human Rights and Development · International Law and Human Rights · Law

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