The effect of security council resolutions on the international criminal court complementarity regime

Abstract EN

This paper carrying out an analysis pertaining to complementarity regime enshrined in the Rome Statute (RS), points out that this principle is the focal point of the ICC, and aims at reconciling international criminal jurisdiction with national judiciary orders; giving priority to national courts.

However, when the States fail to exercise jurisdiction, the ICC steps in as a Court of last resort.

The Paper also addresses the issue of whether and to what extent the Security Council (SC) resolutions adopted pursuant to Articles 13 (b) and 16 of the RS can disregard and consequently abrogate the complementarity regime.

The study argues that the complementarity regime is made ineffective following resolutions issued by the Security Council under Chapter 7 of the United Nations Charter.