A CRITICAL ANALYSIS OF THE PRINCIPLE OF COMPLEMENTARITY IN INTERNATIONAL CRIMINAL JURISDICTION

ABSTRACT

This research work appraises the contribution of the International Criminal Court in its fight against impunity in the world and portrays the court zero tolerance to the most serious crimes, with strong reliance on the principle of complementarity. This research further sheds light on the principle of complementarity and how it has positively impacted on the goal of the court as aforementioned, and disapproves the fact that investigations and prosecutions are only against Africans. The allegations of ICC being a racist court led to some of the African states threatening to pull out from the ICC, which thus led to the formation of the African court of justice and human rights. This research concludes that the formation of a regional Court is already not the solution to impunity or Africa’s agitation against the ICC; but effective cooperation with the ICC via the principle of complementarity and adoption of measures to prevent such atrocities will go a long way in addressing the disagreement between Africa and the international criminal court, and aid holistically with regards to curbing the most serious crimes in the international jurisdiction and finally recommends. This research recommends that the notion of African states that ICC is a racist court should be debunked and the ICC should be supported to curb the commission of the most serious of crimes, and aid in setting up real implementation mechanisms for monitoring situations of the commission of such crimes.