Positive Complementarity Revisted. An Analysis

Milton Owuor

• Publisher: GRIN Verlag
• Year: 2023
• Edition: 1
• eBook ISBN:
  9783346954152
• Topic: Law
• Subtopic: Law Theory & Practice
• Index: Law

Academic Paper from the year 2018 in the subject Law - Miscellaneous, University of Pretoria, course: International criminal law, language: English, abstract: In an era where international justice grapples with the long shadows of impunity, a groundbreaking exploration into the heart of positive complementarity emerges, challenging conventional understandings of global accountability. This insightful work dissects the multifaceted concept of positive complementarity within the realm of international criminal justice, venturing beyond theoretical frameworks to address pressing real-world challenges. Unveiling the intricate dance between the International Criminal Court (ICC) and national jurisdictions, the study delves into the core definition, nature, and scope of positive complementarity, scrutinizing its potential opportunities and inherent limitations. It critically examines the evolving relationship between positive complementarity and the established principle of classical complementarity, offering a nuanced perspective on their interplay in the pursuit of justice. A central theme revolves around the persistent "impunity gap"—the troubling reality where numerous perpetrators of heinous crimes evade prosecution, and how positive complementarity, through enhanced collaboration with national legal systems, endeavors to bridge this divide. By strengthening domestic capacity to investigate and prosecute Rome Statute crimes, positive complementarity emerges as a crucial tool in ensuring comprehensive accountability. The analysis extends to the landmark Cooperation Agreement between the ICC and Colombia, a pivotal case study that highlights the practical implications and transformative potential of positive complementarity in transitional justice settings. This study navigates the complex landscape of international law, offering vital insights for policymakers, legal scholars, and anyone committed to fostering a more just and equitable world, grappling with the fundamental question: How can the international community collectively combat impunity and ensure that perpetrators of the most serious crimes are held accountable, regardless of their rank or location? Keywords: Positive complementarity, international criminal justice, International Criminal Court (ICC), Rome Statute, complementarity, impunity gap, cooperation, national jurisdiction, Colombia, transitional justice. This exploration offers a critical analysis of the interplay between international and national justice systems, proposing innovative strategies to overcome existing obstacles and achieve genuine accountability for mass atrocities, ultimately pushing the boundaries of international law and fostering a more effective and equitable system of global justice.