Complementarity refers to the idea that certain phenomena or concepts are better understood when considered together, rather than in isolation. It suggests that different perspectives or approaches can provide a more comprehensive understanding of a complex issue. Complementarity is often used in fields such as physics, where both wave and particle theories are needed to fully explain the behaviour of subatomic particles. It also applies to other areas, such as psychology, economics, and biology, where multiple theories or frameworks can enhance our understanding of human behaviour, market dynamics, or biological processes. Overall, complementarity emphasizes the importance of integrating different perspectives to gain a more complete understanding of a subject.
Complementarity refers to the principle that the International Criminal Court (ICC) can only intervene and prosecute individuals for crimes if the national legal systems are unable or unwilling to do so.
Complementarity means that the ICC will only step in when a state is unable or unwilling to genuinely investigate and prosecute individuals for crimes within its jurisdiction. The ICC acts as a court of last resort.
The ICC has jurisdiction over four main crimes: genocide, crimes against humanity, war crimes, and the crime of aggression.
Yes, a state can refuse to cooperate with the ICC if it is genuinely investigating and prosecuting individuals for crimes within its jurisdiction. This is based on the principle of complementarity.
No, if a state has conducted a genuine investigation and trial, and the proceedings were conducted in accordance with international standards, the ICC cannot prosecute the same individuals for the same crimes.
If a state is unwilling to prosecute individuals for crimes within its jurisdiction, the ICC can step in and exercise its jurisdiction, provided the other requirements for the ICC’s jurisdiction are met.
Yes, the ICC can prosecute individuals for crimes committed by non-state actors, such as rebel groups or armed militias, if the state is unable or unwilling to genuinely investigate and prosecute those responsible.
Yes, a state can challenge the admissibility of a case before the ICC by demonstrating that it is genuinely investigating and prosecuting individuals for the same crimes.
Yes, the ICC can intervene in a situation where a state is unable to prosecute due to lack of resources or capacity. The ICC’s involvement is based on the principle of complementarity.
Yes, a state can voluntarily surrender its jurisdiction to the ICC by referring a situation to the Court. This can happen when a state recognizes its inability or unwillingness to prosecute individuals for crimes within its jurisdiction.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 13th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/complementarity/
- Modern Language Association (MLA):Complementarity. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/complementarity/.
- Chicago Manual of Style (CMS):Complementarity. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/complementarity/ (accessed: May 09 2024).
- American Psychological Association (APA):Complementarity. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/complementarity/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts