The International Criminal Court Statute and State Sovereignty: The Implicit Impact of the Complementarity Principle
| Main Author: | Mohammad Amin Alkrisheh & Waleed Mahameed |
|---|---|
| Format: | Article |
| Bahasa: | ang |
| Terbitan: |
, 2020
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| Subjects: | |
| Online Access: |
https://zenodo.org/record/3992291 |
Daftar Isi:
- This study examinesthe implicit legal impact of the complementarity principle on the sovereignty of a State. Relevant legal texts were extracted from the Statute of the International Criminal Courtand the implicationsof their legal significance and objectivity were assessed. Article 1 of the International Criminal Court Rome Statute stipulates that, while national courtshold jurisdiction,theICC also holds‘complementary’ jurisdiction as an extension there of. However, theexceptions to this premise, which have hitherto permittedthe ICC to interfere and prosecute,appear to have become the rulerather than the exception. Therefore, the ICC now has the right to supervise procedures and determine responsibility, enabling it to seize jurisdiction from national courts;in doing so, it becomes the entity withprimary jurisdiction.