Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

2. Why and Where Should International Crimes Be Prosecuted?

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The Rome Statute builds on two main assumptions: the first is that international crimes must not go unpunished; the second is that the crimes should preferably be prosecuted at the national level. The two purposes can also be seen as parts of superior purposes, including the preservation of international peace and security and the safeguarding of state sovereignty. Identifying the purposes of the Rome Statute and the purposes of the complementarity principle is essential: First, because the purposes may influence the interpretation and application of the Statute's provisions governing the complementarity principle. Second, because understanding the purposes might clarify the role that the ICC should play and thus indicate how the authority to interfere should be used. In addition to exploring the underlying purposes, this chapter critically assess whether national prosecutions really are preferable to international prosecutions.

Keywords: complementarity principle; international crimes; international peace; international prosecutions; national prosecutions; Rome statute; state sovereignty



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    The Relationship between the International Criminal Court and National Jurisdictions — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation