Complementary Jurisdiction in International Law

Write 16 pages with APA style on Implications of Complementary Jurisdiction in International Law. At the same time, the Trinidad and Tobago delegation’s proposal was not new because there draft criminal tribunal statutes in 1951 and 1953. The Rome Statute of the ICC is an important document establishing the International Criminal Court. The Statute was entered into force in 2002.One important principle in the Rome Statute of the ICC is the principle of complementary jurisdiction. The principle of complementary jurisdiction or “complementarity principle” means that the International Criminal Court, hereinafter simply called as the “Court”, “can only investigate and prosecute core international crimes (war crimes, crimes against humanity and genocide) when national jurisdiction are unable or unwilling to do so genuinely.” Morten Bergsmo contrasted complementary jurisdiction from universal jurisdiction. According to Morten, universal jurisdiction “is a jurisdictional basis of last resort which a number of national crime justice system provide for, when core international crimes can not be prosecuted on the basis of the principle of territoriality (in the state where the crimes occurred), active nationality (in the state of the alleged perpetrator) or passive nationality (in the state of the victim).” According to Bergsmo, “in its pure form, universal jurisdiction enables the prosecution of core international crimes committed in a foreign state, by a foreign citizen, against foreign victims, when neither has a personal link to the forum state.

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