Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-8kt4b Total loading time: 0 Render date: 2024-06-22T18:24:45.475Z Has data issue: false hasContentIssue false

2 - Systemic Effect I

The Flaws of Complementarity

Published online by Cambridge University Press:  06 July 2023

Marieke Wierda
Affiliation:
Universiteit Leiden
Get access

Summary

Chapter 2 discusses “systemic effect,” which refers to the impact of the Rome Statute and the ICC on domestic legal systems. The systemic effect of the Rome Statute is presumed to be mainly through the application of the “complementarity” framework. The chapter argues that complementarity is not the main avenue to systemic effect, mainly because it is a court-centric notion that has often resulted in an adversarial relationship between the Court and national authorities. This has meant that at times the Court and national authorities compete for cases, as the national authorities seek to avoid the Court’s intervention. Instead of true complementarity, it may be more accurate to speak of “parallelism”: If national authorities are not able to arrest suspects (Uganda) or investigate (Afghanistan), neither is the ICC. Complementarity does not address wider rule of law challenges, and in some cases, it allows for unfair trials on the domestic level, as was the case in Libya. The flaws of complementarity may inhibit the Court’s impact.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Systemic Effect I
  • Marieke Wierda, Universiteit Leiden
  • Book: The Local Impact of the International Criminal Court
  • Online publication: 06 July 2023
  • Chapter DOI: https://doi.org/10.1017/9781009153805.003
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Systemic Effect I
  • Marieke Wierda, Universiteit Leiden
  • Book: The Local Impact of the International Criminal Court
  • Online publication: 06 July 2023
  • Chapter DOI: https://doi.org/10.1017/9781009153805.003
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Systemic Effect I
  • Marieke Wierda, Universiteit Leiden
  • Book: The Local Impact of the International Criminal Court
  • Online publication: 06 July 2023
  • Chapter DOI: https://doi.org/10.1017/9781009153805.003
Available formats
×