The Relationship between International and National Courts in Prosecuting International Crimes: The Principle of Complementarity Perspective Afroza Perveen

The Relationship between International and National Courts in   Prosecuting International Crimes: The Principle of Complementarity Perspective

Author (s): 

Afroza Perveen

Abstract

For protection of human rights and deter the future crimes, criminal prosecution is only the one way. In this perspective, the establishment of the International Criminal Court is a great achievement in the field of international criminal law. However, the perception of the international scholars, the relationship between international criminal court and the national court is ambiguous. Complementarity nature of the ICC is considered as an enemy of state sovereignty in the eye of international criminal lawyers. Although the principle of complementarity put some challenges to state sovereignty, its supervisory element strengthen the implementation and empower international criminal law at national level where state sovereignty remains unaffected. This paper focuses some broader reflection on how the ICC, through its complementarity principle, is maintaining the relationship with national court and continuing its proceedings with the help of the national courts around the world. It will be agreed upon soon that, Complementarity principle not only helps states to uphold their common interest, but also prevent them from abusing their sovereignty and ensures individual and united security.

Key words: international criminal court, national court, complementarity, sovereignty, international criminal law.

Download PDF

Title:

The Relationship between International and National Courts in   Prosecuting International Crimes: The Principle of Complementarity Perspective

Author:

Afroza Perveen

Journal Name: International Journal of Science and Business
Website: ijsab.com
ISSN: ISSN 2520-4750 (Online), ISSN 2521-3040 (Print)
DOI: https://doi.org/10.5281/zenodo.2654556
Media:  Online & Print
Volume: 3
Issue: 1
Acceptance Date: 28/04/2019
Date of Publication: 30/04/2019
PDF URL: http://ijsab.com/wp-content/uploads/314.pdf
Free download: Available
Page: 136-155
First Page: 136
Last Page: 155
Paper Type: Research Paper
Current Status: Published

Cite This Article:

Perveen,  A. (2019). The Relationship between International and National Courts in   Prosecuting International Crimes: The Principle of Complementarity Perspective. International Journal of Science and Business, 3(1), 136-155. doi: https://doi.org/10.5281/zenodo.2654556

Retrieved from http://ijsab.com/wp-content/uploads/314.pdf

 

About Author (s)

Afroza Perveen, Lecturer, port city international university, chattogram, Bangladesh.

 

 Download PDF

DOI: https://doi.org/10.5281/zenodo.2654556

Follow us

This Post Has Been Viewed 33 Times