On the other hand, the Court is not the only possible or even the most probable response to such violations of international law. With limited resources, it shall be able to try only a few of the many perpetrators of crimes against the international conscience; the intention is that it should confine itself to prosecuting leaders. That does not mean, however, that the countless lower-level perpetrators of equally heinous crimes and their commanders will be beyond the reach of criminal justice.
While it is a truism that it will never be possible to prosecute all those who commit serious violations of international humanitarian law, equally is it true that more can be done to impact on the problem. The best hope in this regard lies with national courts.
One of the most important provisions of the ICC Statute is that concerning the so-called ‘principle of complimentarity’. This means that States Parties have not only the right but the duty to prosecute perpetrators of the crimes coming within the ICC’s jurisdiction. The Statute provides that the ICC shall be complementary to national criminal jurisdictions; it will first fall to States Parties to prosecute persons suspected of the crimes coming under the Court’s jurisdiction. Only if they fail to do so will jurisdiction pass to the ICC.
The establishment of the ICC thus throws down the gauntlet to States Parties to fulfill their duty to prosecute persons accused of the crimes within the Court’s jurisdiction. This is entirely appropriate, given that upon states falls the primary duty to enforce international humanitarian law.
While it is a truism that it will never be possible to prosecute all those who commit serious violations of international humanitarian law, equally is it true that more can be done to impact on the problem. The best hope in this regard lies with national courts.
One of the most important provisions of the ICC Statute is that concerning the so-called ‘principle of complimentarity’. This means that States Parties have not only the right but the duty to prosecute perpetrators of the crimes coming within the ICC’s jurisdiction. The Statute provides that the ICC shall be complementary to national criminal jurisdictions; it will first fall to States Parties to prosecute persons suspected of the crimes coming under the Court’s jurisdiction. Only if they fail to do so will jurisdiction pass to the ICC.
The establishment of the ICC thus throws down the gauntlet to States Parties to fulfill their duty to prosecute persons accused of the crimes within the Court’s jurisdiction. This is entirely appropriate, given that upon states falls the primary duty to enforce international humanitarian law.