The International Criminal Court and

This systematic, contextual and practice-oriented account of complementarity explores the background and historical expectations associated with complementarity, its interpretation in prosecutorial policy and judicial practice, its context (ad hoc tribunals, universal jurisdiction, R2P) and its impact in specific situations (Colombia, Congo, Uganda, Central African Republic, Sudan and Kenya). Written by leading experts from inside and outside the Court and scholars from multiple disciplines, the essays combine theoretical inquiry with policy recommendations and the first-hand experience of practitioners. It is geared towards academics, lawyers and policy-makers who deal with the impact and application of international criminal justice and its interplay with peace and security, transitional justice and international relations.

Introduction: bridge over troubled waters? Complementarity themes and debates in context
General Reflections
A positive approach to complementarity: the impact of the Office of the Prosecutor
Justice and prevention
Proactive complementarity: a registrar's perspective and plans
Origin and Genesis of Complementarity
The genesis of complementarity
Reflections on complementarity at the Rome Conference and beyond
The rise and fall of complementarity
Analytical Dimensions of Complementarity
Complementarity as global governance
Policy through complementarity: the atrocity trial as justice
Taking complementarity seriously: on the sense and sensibility of 'classical', 'positive' and 'negative' complementarity
International criminal justice in the era of failed states: the ICC and the self-referral debate
The quest for constructive complementarity
Reframing positive complementarity: reflections on the first decade and insights from the US federal criminal justice system
Too much of a good thing? Implementation and the uses of complementarity
Interpretation and Application
The application of the principle of complementarity to the decision of where to open an investigation: the admissibility of 'situations'
Situations and case: defining the parameters
The inaction controversy: neglected words and new opportunities
Admissibility procedure
The evolution of the ICC jurisprudence on admissibility
Interpretative gravity under the ICC statute: identifying common gravity criteria
Complementarity and burden allocation

States' obligations to investigate and prosecute perpetrators of international crimes: the perspective of the European Court of Human Rights
The law and policy of complementarity in relation to 'criminal proceedings' carried out by non-state organized armed groups
Complementarity and the crime of aggression
Complementarity and alternative forms of justice: a new test for ICC admissibility
Complementarity and 'reverse cooperation'
In the hands of the state: implementing legislation and complementarity
Complementarity in Perspective
Horizontal complementarity
The International Criminal Tribunal for the Former Yugoslavia ('ICTY') and the transfer of cases and materials to national judicial authorities: lessons in complementarity
Positive complementarity in practice: ICTY rule 11bis and the use of the tribunal's evidence in the Srebrenica trials before the Bosnian War Crimes Chamber
Complementarity of procedures: how to avoid reinventing the wheel
Complementarity in Practice
Making complementarity work: maximising the limited role of the prosecutor
Positive complementarity in action
Complementarity and the construction of national ability
The Colombian Peace Process (Law 975 of 2005) and the ICC's principle of complementarity
Darfur: complementarity as the drafters intended?
Complementarity in Uganda: domestic diversity or international imposition?
Courts, conflict and complementarity in Uganda
Chasing cases: the ICC and the politics of state referral in the Democratic Republic of Congo and Uganda
A problem, not a solution: complementarity in the Central African Republic and Democratic Republic of Congo
Complementarity and the impact of the Rome Statute and the International Criminal Court in Kenya
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The International Criminal Court and Complementarity: From Theory to Practice

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