Original scientific paper

The Principle of Complementarity in the Jurisprudence of the ICC

Marijana Konforta ; Law Trainee in the Office of the Agent of the Republic of Croatia before the European Court of Human Rights
Maja Munivrana Vajda ; University of Zagreb, Faculty of Law

Abstract

This paper deals with the principle of complementarity as one of the most important principles governing the functioning of the International Criminal Court. The purpose of this principle is to delineate the jurisdiction of the Court from that of States. However, despite the relatively clear guidelines set in article 17 of the Rome Statue, the application of this principle has already proven to be difficult in practice. The authors analyze the development of the twofold test in the case law of the International Criminal Court, starting with the requirement of ongoing proceedings and then moving to the notions of unwillingness and inability. Special emphasis is given to the issue of due process and to the controversial claim that unfair proceedings at the national level should, in themselves, render the case admissible before the ICC.

Keywords

complementarity; proceedings requirement; unwillingness; inability; due process

Hrčak ID:

129512

URI

https://hrcak.srce.hr/129512

Publication date:

16.4.2014.

Article data in other languages: croatian

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