Principle of complementarity
- 2. Introduction • An additional rule is the fundamental link between the International Criminal Court and the domestic Court of Justice. • This means that the International Monetary Fund has additional jurisdiction over national courts. It can only be applied in exceptional circumstances if the country refuses to commit a crime within its jurisdiction. • Complementation is a principle, not a concept. • The International Criminal Court must prioritize the cases within the jurisdiction.
- 3. • Roy S. Lee has written: – This principle means that the court adds to patriotism. – The state court gives priority to further investigations and criminal proceedings. – Crimes committed by an individual to the best of their ability; However, state judges of the International Criminal Court (ICC) are not qualified to perform their duties.
- 4. Objectives • The complementary system is a mechanism to encourage countries to adhere to their primary responsibility for investigating and prosecuting the most serious crimes. • When states do not actually file a lawsuit; The public prosecutor must be ready to act decisively in ICC proceedings. • Such procedures will provide independent and impartial justice; It will demonstrate the international community's determination to prosecute international crimes and the real potential of ICC action.
- 5. The concept of Ne Bis in Idem • Ne bis in Id bis is a concept based on a desire to end justice and criminal justice for the accused. • The US Constitution does not allow anyone to die twice. • Article 14 (7) of the International Covenant on Civil and Political Rights stipulates that no one may be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks on his honor. and its reputation. What is the criminal procedure in each country? • Another ne bis in idem infrastructure usually only applies to sovereign jurisdiction.
- 6. • In the United States, for example, bilingualism does not prevent the prosecution of two states or the federal government for the same crime. • The principle of supplementation states that the ICC, through Articles 17 and 53, provides for a case to be brought before the ICC under the provisions of the Roman Statue.
- 7. Article 1: the court • The first article of Roman law stipulated that the ICC would exercise its national jurisdiction. – Article 1: • “The International Criminal Court is formed by this law. It is a permanent body and must have jurisdiction over individuals for the most serious international crimes. The jurisdiction and functioning of the tribunal are governed by the provisions of this provision. "
- 8. Why is complementarity Important • Promoting national procedures contributes to : – Respect the fundamental competence of the country to prevent the punishment of crimes against humanity. – This ensures the effectiveness and high efficiency of IC's investigations and prosecutions in the following cases: – The proceedings are limited to what the ICC can do on its own. – National justice litigation has certain advantages over international law.
- 9. – Closer contact with victims and affected communities is one way to get involved in litigation. – Closer contact with crime scenes makes it easier to collect evidence. – To be reckoned with the police and the forces of order who carry out the arrests in a slightly more complicated way. – More time and efficiency – Promote a culture of legitimacy in participating nations that build a peaceful and stable society.
- 10. Reason for complementary system • Defendants are protected if they are tried by a national court. • Sovereignty is respected in the criminal justice system. • The International Criminal Court (ICC) deals with all serious crimes. Because it is not available, it can be upgraded more efficiently • To investigate serious crimes;
- 11. Rationale of complementarity • In addition, one of the objectives of the principle of equality is that States respect this obligation or prosecute perpetrators or prosecute them internationally if they do not. • Responsibility for certain international crimes is clear. • The complementary law is designed to allow the prosecution of such crimes at the international level.
- 12. • for example, It can be argued that the ICJ is an organization which protects the human rights of accused persons under Article 19 of the ICJ. • Article 17 states that the court must take into account "rules of procedure recognized by international law" in deciding whether a country is unwilling to bring an action. • Finally, a more pragmatic perspective can be the basis of this law. • Understand that the court's scope of action will be limited to certain resources for limited reasons.
- 13. Conclusion • The law of reciprocity can not only interfere with a court in matters that are not important to a country, but also in cases where the human rights of the accused are violated. • The ICC was not created as a strict definition of a human rights tribunal. Justice, abortion and violation of human rights standards were established to remedy the situation of benefiting from this injustice by avoiding the favor of the accused and the clear determination of his responsibilities. • The complementary system, which does not apply to litigation, aims to make the international criminal justice system more efficient by encouraging States to exercise their jurisdiction.