PRINCIPLE OF COMPLEMENTARITY AND JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT IN LIGHT OF THE KENYAN CASES

Abstract

The Rome Statute, one of the most complex international instruments, became effective in 2002, establishing the International Criminal Court and creating an international legal system with the aim to punish the perpetrators of international crimes and preventing the gravest crimes. For the purpose of achieving this aim, the Rome Statute envisages the complementarity principle, which is in place to ensure an effective response to international crimes by the member states to the fullest extent possible. In this context, the International Criminal Court (hereinafter, ICC) is a court of the last resort, stepping in only when a State Party with jurisdiction is `unable` or `unwilling` to investigate or prosecute international crimes. This article provides detailed explanations about the nature of the complementarity principle, the necessity and purpose of including it in the Rome Statute, along with the analysis of Kenyan Cases – the first case examined by the ICC, in which the ICC Prosecutor used its power granted under the Statute to initiate an investigation, but the State challenged the jurisdiction of ICC and requested to find the cases inadmissible before the Court under the complementarity principle.