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13. Conclusive Remarks

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Chapter Summary

This final chapter assesses how well the complementarity principle will promote the purposes that it is intended to promote: safeguarding sovereignty; enhancing national criminal proceedings; ensuring effective international criminal court (ICC) interference; and ensuring an appropriate selection of situations and cases. The complementarity principle confirms that states are the principle enforcers of international criminal law, and it defines rather conservatively the point where the integrity of national jurisdictions ends and international jurisdiction is authorised to step in and remedy national failure. It promotes national proceedings in three ways that are interconnected: first, states are encouraged to adopt adequate legislation; second, they are encouraged to conduct genuine criminal proceedings; and, third, the principle might encourage third states to exercise universal jurisdiction. Finally, the chapter, as a "benchmark test", asks whether a primary ICC would have been preferable.

Keywords: complementarity principle; international criminal court (ICC) interference; international criminal law; national criminal proceedings; national jurisdictions; state sovereignty



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