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Complementarity in the Rome Statute and National Criminal Jurisdictions$
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Jann K. Kleffner

Print publication date: 2008

Print ISBN-13: 9780199238453

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780199238453.001.0001

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Complementarity as a Catalyst for Compliance

Complementarity as a Catalyst for Compliance

(p.309) VII Complementarity as a Catalyst for Compliance
Complementarity in the Rome Statute and National Criminal Jurisdictions

Jann K. Kleffner

Oxford University Press

This chapter assesses the potential of complementarity to serve as a mechanism to induce States to comply with the obligation to investigate and prosecute. To view complementarity as such a catalyst for compliance finds support in a number of features. First, the principle is endowed with a high degree of legitimacy and is itself a vehicle for bestowing legitimacy on national proceedings. Secondly, complementarity can also function as a coercive mechanism, through which a State that fails to investigate and prosecute can be reprimanded. Thirdly, other, albeit limited, features of complementarity also suggest that it can be used by the ICC to engage States and interact with them with a view to ensure accountability of perpetrators. Fourthly, complementarity is serving as the converging point for a process through which the idea that States should investigate and prosecute ICC crimes is internalised into their domestic legal systems and political processes.

Keywords:   compliance, legitimacy, sanction, management, norm-internalization

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