2. Introduction
• An additional rule is the fundamental link
between the International Criminal Court and the
domestic Court of Justice.
• This means that the International Monetary Fund
has additional jurisdiction over national courts. It
can only be applied in exceptional circumstances
if the country refuses to commit a crime within its
jurisdiction.
• Complementation is a principle, not a concept.
• The International Criminal Court must prioritize
the cases within the jurisdiction.
3. • Roy S. Lee has written:
– This principle means that the court adds to
patriotism.
– The state court gives priority to further
investigations and criminal proceedings.
– Crimes committed by an individual to the best of
their ability; However, state judges of the
International Criminal Court (ICC) are not qualified
to perform their duties.
4. Objectives
• The complementary system is a mechanism to
encourage countries to adhere to their primary
responsibility for investigating and prosecuting the
most serious crimes.
• When states do not actually file a lawsuit; The public
prosecutor must be ready to act decisively in ICC
proceedings.
• Such procedures will provide independent and
impartial justice; It will demonstrate the international
community's determination to prosecute international
crimes and the real potential of ICC action.
5. The concept of Ne Bis in Idem
• Ne bis in Id bis is a concept based on a desire to end
justice and criminal justice for the accused.
• The US Constitution does not allow anyone to die
twice.
• Article 14 (7) of the International Covenant on Civil and
Political Rights stipulates that no one may be subjected
to arbitrary interference with his privacy, family, home
or correspondence, nor to attacks on his honor. and its
reputation. What is the criminal procedure in each
country?
• Another ne bis in idem infrastructure usually only
applies to sovereign jurisdiction.
6. • In the United States, for example, bilingualism
does not prevent the prosecution of two
states or the federal government for the same
crime.
• The principle of supplementation states that
the ICC, through Articles 17 and 53, provides
for a case to be brought before the ICC under
the provisions of the Roman Statue.
7. Article 1: the court
• The first article of Roman law stipulated that
the ICC would exercise its national jurisdiction.
– Article 1:
• “The International Criminal Court is formed by this law.
It is a permanent body and must have jurisdiction over
individuals for the most serious international crimes.
The jurisdiction and functioning of the tribunal are
governed by the provisions of this provision. "
8. Why is complementarity Important
• Promoting national procedures contributes to :
– Respect the fundamental competence of the country
to prevent the punishment of crimes against
humanity.
– This ensures the effectiveness and high efficiency of
IC's investigations and prosecutions in the following
cases:
– The proceedings are limited to what the ICC can do on
its own.
– National justice litigation has certain advantages over
international law.
9. – Closer contact with victims and affected
communities is one way to get involved in
litigation.
– Closer contact with crime scenes makes it easier
to collect evidence.
– To be reckoned with the police and the forces of
order who carry out the arrests in a slightly more
complicated way.
– More time and efficiency
– Promote a culture of legitimacy in participating
nations that build a peaceful and stable society.
10. Reason for complementary system
• Defendants are protected if they are tried by a
national court.
• Sovereignty is respected in the criminal justice
system.
• The International Criminal Court (ICC) deals
with all serious crimes. Because it is not
available, it can be upgraded more efficiently
• To investigate serious crimes;
11. Rationale of complementarity
• In addition, one of the objectives of the
principle of equality is that States respect this
obligation or prosecute perpetrators or
prosecute them internationally if they do not.
• Responsibility for certain international crimes
is clear.
• The complementary law is designed to allow
the prosecution of such crimes at the
international level.
12. • for example, It can be argued that the ICJ is an
organization which protects the human rights of
accused persons under Article 19 of the ICJ.
• Article 17 states that the court must take into
account "rules of procedure recognized by
international law" in deciding whether a country
is unwilling to bring an action.
• Finally, a more pragmatic perspective can be the
basis of this law.
• Understand that the court's scope of action will
be limited to certain resources for limited
reasons.
13. Conclusion
• The law of reciprocity can not only interfere with a court in
matters that are not important to a country, but also in
cases where the human rights of the accused are violated.
• The ICC was not created as a strict definition of a human
rights tribunal. Justice, abortion and violation of human
rights standards were established to remedy the situation
of benefiting from this injustice by avoiding the favor of the
accused and the clear determination of his responsibilities.
• The complementary system, which does not apply to
litigation, aims to make the international criminal justice
system more efficient by encouraging States to exercise
their jurisdiction.
