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

4. The Procedures of the Complementarity Principle

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 complementarity procedures represent a compromise between the need to ensure the international criminal court (ICC)'s effectiveness and the need to preserve state sovereignty. This dichotomy is even more apparent here than in the substantive provisions. Addressing two inherently conflicting concerns has resulted in a set of rules that is not always equally comprehensive. This chapter comments on the different trigger mechanisms, and discusses the distinction between a "case" and a "situation". It describes the procedures pertaining to the Prosecutor's decision whether to investigate and whether to prosecute. The chapter outlines the preliminary rulings regarding admissibility and challenges to the admissibility. Finally, two particular procedural issues are discussed.

Keywords: admissibility ruling; complementarity procedures; international criminal court (ICC); state sovereignty; trigger mechanisms



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