Contemplation on implementing of complementary jurisdiction in inaction of states in view of positive complementary jurisdiction
Document Type : Research Paper
Authors
Abstract
The increase of crimes committed in extent and severity in the second half of the twentieth century, persuaded the states to adjust some principles, such as sovereign immunity, territoriality of criminal law for the establishment of an International Criminal Court, founded on international treaty as well as agreements by states, and distinguished from the previous international criminal courts and tribunals. One of the main points raised on International Criminal Court was the posture of its jurisdiction and admissibility of cases, upon which ultimately the principle of complementarity jurisdiction was agreed. Since no precise definition of the principle of complementary jurisdiction has been provided in the Statute of the International Criminal Court, this principle has been led to different perceptions.
The purpose of this study is examining the conditions and standards of implementation of the complementarity principle. For this purpose, it first examines the content and terms of complementarity, then the rules of implementation of this jurisdiction as well as implementation thereof in inaction. In the end, positive approach to complementarity as a new viewpoint to this kind of international jurisdiction has been dealt with.
The purpose of this study is examining the conditions and standards of implementation of the complementarity principle. For this purpose, it first examines the content and terms of complementarity, then the rules of implementation of this jurisdiction as well as implementation thereof in inaction. In the end, positive approach to complementarity as a new viewpoint to this kind of international jurisdiction has been dealt with.
Keywords
)