What does the principle of complementarity in the Rome Statute stipulate?

The principle of complementarity in the Rome Statute is a foundational concept that underscores the relationship between the International Criminal Court (ICC) and national legal systems. It asserts that the ICC is intended to complement, rather than replace, national judicial processes. This means that the ICC will only step in to prosecute crimes when national jurisdictions are unwilling or unable to effectively do so. The idea is to promote accountability at the national level first and foremost, reserving ICC intervention for cases where domestic courts are incapable of delivering justice.

This principle ensures that states retain the primary responsibility for prosecuting serious international crimes, such as genocide, war crimes, and crimes against humanity. The complementarity framework thus emphasizes the importance of national sovereignty and the role of domestic legal systems in upholding justice, while still providing a mechanism for international oversight and intervention in cases of failure or incapacity at the national level.