"The ICC, the principle of complementarity and the ‘diverse’ standards of justice in national criminal jurisdictions"

Abstract: As the travaux préparatoires, statutory provisions of the Rome Statute and adjudicated cases before the ICC offer limited guidance on what exactly constitutes a ‘willingness’ to “genuinely” investigate or prosecute or the meaning of “principles of due process recognized by international law”, this paper argues that the ICC should not reject but be appreciative of and receptive towards the ‘diverse’ standards of justice in national criminal jurisdictions when assessing the ‘independence’, ‘impartiality’ and ‘manner’ of those jurisdictions. In doing so it would uphold the intent of the State Parties that framed the Rome Statute and spirit of the principle of complementarity.