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This book analyzes the implementation of the complementarity regime of the ICC’s Rome Statute in member states, particularly focusing on African nations and Nigeria. Complementarity emphasizes the primacy of national courts to prosecute defendants unless a state is deemed ‘unwilling’ or ‘genuinely unable’ to act, provided the crime is of ‘sufficient gravity’ for the ICC. While the Rome Statute outlines this principle, it lacks a detailed framework for state implementation. The book proposes such a framework, arguing that a mutually inclusive interpretation and application of complementarity would enhance domestic prosecutions and reduce self-referrals to the ICC. African states must establish a suitable legal framework, implement relevant legislation, and develop institutional capacity, alongside credible judiciaries to investigate and prosecute international crimes. This interpretation involves the ICC assisting states in creating this framework while being prepared to address gaps until these states achieve a defined level of institutional readiness for domestic prosecution. The minimum threshold for complementarity includes incorporating Rome Statute crimes into domestic law and ensuring the capability for complementarity-based prosecutions. Additionally, this approach aids the ICC in maintaining consistency in its interpretation of complementarity.
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The Complementarity Regime of the International Criminal Court, Ovo Catherine Imoedemhe
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- 2018
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