The role of the International Criminal Court in conflict resolution and peace processes

Doctoral Programme: International Politics and Conflict Resolution

Funding: FCT

The principle of complementarity provides the foundation for the relationship between the International Criminal Court (ICC) and national states. According to this principle, the jurisdiction of the ICC is complementary to national criminal jurisdictions, which means that the duty to investigate and prosecute the perpetrators of international crimes belongs primarily to states, and not to the ICC. One of the major innovations introduced by the ICC is a positive understanding of complementarity, which places greater emphasis on prevention, partnership and dialogue. Positive complementarity refers to the court's efforts to encourage states to carry out genuine domestic proceedings, and can be achieved through many different strategies (e.g., monitoring activities, consultations), with the aim of building a broader culture of accountability and preventing future mass atrocities. Recent decades have seen an increased interest and confusion around complementarity. This concern was particularly noticeable in a recent report that reviewed the ICC and the Rome Statute system, urging for further reflection on the Office of the Prosecutor's (OTP) policy on positive complementarity during the preliminary examination phase. Although efforts are being made to increase the role of the ICC in engaging with national authorities, there is not enough clarity on how positive complementarity is being interpreted and applied, in particular during the preliminary examination phase, which raises considerable theoretical and practical challenges that need to be addressed.