The Principle of Complementarity in the Jurisdiction of the International Criminal Court

Authors

  • د. خالد بن بوعلام حساني

Keywords:

crime of genocide, crimes against humanity, war crimes, crimes of aggression, International Criminal Court, international crimes

Abstract

The principle of complementarity is to put an end to impunity for those

involved in the crimes under Section Five of the Rome Statute and defined

as crimes «symptoms» affecting the entire international community. These

crimes include the following: crime of genocide, crimes against humanity,

war crimes and crimes of aggression. To deal with these crimes is the

responsibility of national states and not the International Criminal Court.

The latter may exercise its jurisdiction if it finds that the state in question is

unable to complete the investigation where the prosecution, or did not really

desire to bring these people to justice and appear before the International

Justice, or simply tries to silence the international opinion. Based on the fact

that the jurisdiction of the International Criminal Court is complementary to

national jurisdiction, it incites, encourages states to continue by themselves

to bring these cases to their national courts to avoid appearing before the

International Criminal Court.

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Published

2017-06-05

How to Cite

حساني د. خ. ب. ب. (2017). The Principle of Complementarity in the Jurisdiction of the International Criminal Court. Journal of Al-Quds Open University for Humanities and Social Studies, 1(36). Retrieved from https://journals.qou.edu/index.php/jrresstudy/article/view/688

Issue

Vol. 1 No. 36 (2015): العدد السادس والثلاثون، الجزء الأول، شعبان 1436هـ/ حزيران2015م

Section

Research Papers

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