El principio de complementariedad en la práctica de la Corte Penal Internacional

Abstract

The decisions of the International Criminal Court in the implementation of the principle of complementarity will be decisive for the auctoritas of this tribunal within the international community. This paper examines two different forms in which the Court has approached the principle. First, it deals with ‘positive complementarity', which refers to activities undertaken by the Court to promote the exercise of jurisdiction by national tribunals. With regard to these activities, risks involved in the establishment of a close relationship with domestic tribunals are highlighted. In the second place, the policy of self-referral that has been promoted by the Office of the Prosecutor is discussed and criticized. The practice of the Court in this regard has been criticized because it may affect the distance that the Court must keep from domestic politics. Finally, in the case of Security Council referrals the paper discusses the applicability of the principle of complementarity and its consequences.