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Is Complementarity The Right Approach For The International Criminal Court's Crime Of Aggression?, Jennifer -. Trahan

Jennifer - Trahan

At the first Review Conference on the Rome Statute of the International Criminal Court, the Assembly of States Parties to the ICC adopted an amendment defining the crime of aggression and conditions for the ICC’s exercise of jurisdiction over it. Because the definition will be incorporated into the existing framework of the Rome Statute, the crime will be subject to the “complementarity” provision contained therein. That provision specifies that a case becomes “inadmissible” before the ICC if there are national investigations and/or prosecutions (unless there is unwillingness or inability to investigate or prosecute). By contrast, the relationship between national courts, …