The Enigmatic Principle of Complementarity: A Negotiated Machinery for Implementing International Criminal Law

Authors

  • Noluthando Ncame Advocate of the High Court of South Africa and member of the Pretoria Bar

DOI:

https://doi.org/10.25159/2521-2583/6909

Keywords:

Complementarity, primacy, Nuremberg Tribunal, Tokyo Tribunal, ICTR, ICTY, International Criminal Court, admissibility, state sovereignty

Abstract

The International Criminal Court (ICC) is the first court of its kind—a permanent international criminal tribunal. It has introduced a new kind of jurisdictional principle, namely the principle of complementarity. However, the idea of a forum exercising jurisdiction over transgressors of rules of international criminal law did not emerge with the ICC and can be traced back to the Nuremberg Tribunal. When the idea to establish a permanent international criminal court came about, it was apparent that the doctrine of state sovereignty and the territoriality principle would be the biggest hurdles that would have to be overcome. Complementarity would prove to be the solution that was agreed upon.

Published

2020-12-21

How to Cite

Ncame, Noluthando. 2020. “The Enigmatic Principle of Complementarity: A Negotiated Machinery for Implementing International Criminal Law”. South African Yearbook of International Law 44 (December):26 pages. https://doi.org/10.25159/2521-2583/6909.

Issue

Section

Articles
Received 2019-10-10
Accepted 2020-09-17
Published 2020-12-21