This chapter offers some conclusions. As to the question of the aptitude of complementarity to supply the deficiencies of domestic suppression of ICC crimes, the criteria for admissibility in the Statute will often enable the ICC to fill the void left by ineffective national criminal jurisdictions. In contrast, the procedural setting will not always be well-suited. More significantly still is to acknowledge the constraints, which make it impossible that all situations and cases, in which States prove ineffective, will in actual practice be addressed by the Court. Turning to the question of the impact of complementarity on national suppression, complementarity imposes a uniform obligation to investigate and prosecute, and increases the normativity of that obligation. Whether that increased normativity ultimately leads to actual national investigations and prosecutions will depend upon the underlying attitude of the State concerned. Equally significant will be whether the broader ICC community develops effective strategies to support domestic efforts to end impunity.
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
If you think you should have access to this title, please contact your librarian.