The International Criminal Court and Its Implication for Domestic Law and National Capacity Building

Source: (2002) Florida Journal of Intenrational Law. 15: 215.

Growing out of various international initiatives over a long period of time – notably the Rome Diplomatic Conference in 1998 that adopted the International Criminal Court Statute – the International Criminal Court (ICC) came into existence on 1 July 2002. It is the first permanent court to investigate and try individuals for serious violations of international humanitarian law, including war crimes, crimes against humanity, and genocide. With the ICC in existence, nations that ratified the Statue must begin to consider how the ICC will affect their domestic laws and what they must do to ensure compliance with the ICC. Mark Ellis explores the concept of complementarity as it is embodied by the Rome Statute. This concept ensures that judgments of a domestic court are not replaced by the judgments of an international court. In particular, he concentrates on how the concept of complementarity will affect domestic law and whether it will promote or hinder national capacity building. In this regard, he suggest a mechanism that would involve the international community in determining whether a state has the capacity to undertake national prosecutions.