صلاحيت تكميلي ديوان بين المللي كيفري: پويايي نظام هاي قضايي ملي در مقابله با بي كيفري

Complimentarity of International Criminal Court: Development of National Judicial Systems Against Impunity

This article examines the concept of complementarity jurisdiction and its relation with national judicial systems, the concept leads to an interaction between international and national legal systems which are influential in ending impunity. Hence, complementarity does not put the Court in conflict with other domestic courts. The concepts of "ability" and "willingness" tend to ensure an indirect harmonization of national criminal systems based on common criteria. To this end, some states have adopted legislations for preventing the cases related to them not to be brought before the Court. Thus, complementarity creates strong incentives for adopting national legislation for criminalization of crimes falling under the jurisdiction of the court not only in states parties but also in non- parties states.