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.
| 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: | https://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 https://ijsab.com/wp-content/uploads/314.pdf
About Author (s)
Afroza Perveen, Lecturer, port city international university, chattogram, Bangladesh.
DOI: https://doi.org/10.5281/zenodo.2654556