The Principle Of Judicial Complementarity In The International Criminal Court System

Abstract

It is recognized that the legal nature of the International Court is that it has judicial jurisdiction that extends to international crimes committed after July 1، 2002 in the territories of member states or by their citizens، so its substantive jurisdiction extends to the jurisdiction of the International Criminal Court. Which includes crimes of genocide، crimes against humanity، war crimes، and the crime of aggression، in addition to its temporal jurisdiction، which is limited to crimes committed after the entry into force of the Rome Statute، as well as its personal jurisdiction، which applies to natural persons without discrimination based on official status، Not to mention its spatial jurisdiction، which extends to the territory of the states parties to the Rome Statute. This is in terms of the scope of the International Court’s jurisdiction، as what arises during armed conflicts and attacks directed against civilians and their property being looted and destroyed And the attacks that often affect the country’s public order and internal security. Here comes the role of the principle of complementarity to show us the extent of countries’ commitment to resuming the application of national judiciary until the international judiciary decides on major international crimes It becomes clear to us that the International Criminal Court is a major step towards putting an end to the impunity of war criminals، but it faces many obstacles that prevent it from achieving this goal. Therefore، it is necessary to activate the court’s role in what perpetrators of international crimes have done Reducing the iron grip of the major powers on the court، and prosecuting war criminals and human genocide، with the necessity of enacting new legislation for the statute of the court to deal with new crimes.