Complementarity as a Catalyst for Compliance

Jann K. Kleffner

in Complementarity in the Rome Statute and National Criminal Jurisdictions

Published in print December 2008 | ISBN: 9780199238453
Published online May 2009 | e-ISBN: 9780191716744 | DOI:


 Complementarity as a Catalyst for Compliance

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This chapter assesses the potential of complementarity to serve as a mechanism to induce States to comply with the obligation to investigate and prosecute. To view complementarity as such a catalyst for compliance finds support in a number of features. First, the principle is endowed with a high degree of legitimacy and is itself a vehicle for bestowing legitimacy on national proceedings. Secondly, complementarity can also function as a coercive mechanism, through which a State that fails to investigate and prosecute can be reprimanded. Thirdly, other, albeit limited, features of complementarity also suggest that it can be used by the ICC to engage States and interact with them with a view to ensure accountability of perpetrators. Fourthly, complementarity is serving as the converging point for a process through which the idea that States should investigate and prosecute ICC crimes is internalised into their domestic legal systems and political processes.

Keywords: compliance; legitimacy; sanction; management; norm-internalization

Chapter.  17663 words. 

Subjects: Public International Law

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