Complementarity cardinal principle in international criminal justice

This book focuses mainly on the principle of complementarity, which is enshrined in the preamble and in Article 1 of the Rome Statute establishing the International Criminal Court. This principle means that the responsibility for judging the perpetrators of crimes of genocide, crimes against humanity and war crimes lies primarily with the States.The ICC will therefore be able to prosecute and try only when national courts: "normally competent" are unwilling or unable to consider a case (Article 17).The ICC could thus intervene to carry out an investigation if national justice is late in investigating it, if it has instituted proceedings, but is in fact seeking to shield a person from criminal responsibility or, finally, if the investigation has not been conducted independently or impartially.In other words, the jurisdiction of the ICC is subsidiary. Ratification of the Rome Statute therefore constitutes a commitment by a State to prosecute and try the crimes defined by the Statute at the national level.