The Rome ICC Statute is founded on complementarity: the ICC can only act where States are unwilling or unable genuinely to investigate and prosecute crimes under its jurisdiction. The basis of this principle is that those crimes should be addressed at a national level wherever possible, with the ICC acting as a catalyst, as a guardian and as a last resort. Widespread or systematic violations of international criminal law generally occur as part of a plan or policy to commit such crimes, so when the time comes to address these crimes, there will be a wide pool of potential defendants and a wide number and variety of crimes that could be tried. While there must be criminal accountability for the violation of crimes under international law to satisfy the principles of the rule of law and the demands of justice, this does not mean that all persons who allegedly commit such crimes should be prosecuted in an international criminal jurisdiction, nor does not necessarily mean that all alleged perpetrators should face prosecution in a court of law; for example, there are compelling reasons for addressing crimes allegedly committed by children under the age of 18 through other means.
As countries consider the many means by which accountability can be addressed, the needs of government and non‑government actors are beginning to shift towards the means and methods for addressing violations of international humanitarian law and towards more detailed exploration of specific issues in international criminal justice. Now that the ICC has been operational for a few years and has begun formal investigations in three “situations” (the DRC, Uganda and Darfur), it is becoming possible – and increasingly important – to assess and give support to the practical operation of the principle of complementarity and how the ICC is achieving its goals to bring an end to impunity, help re-establish the rule of law, provide justice for victims and protect vulnerable groups from abuse. Within this context, the capacity of government and civil society to address violations of international humanitarian law at the domestic level is important for achieving implementation of the principle of complementarity, whereby national systems retain primary responsibility for providing accountability for serious crimes under international law. In addition, the perceptions of the actors with a stake in the ICC’s work, including in particular the people affected by the conflicts under investigation by the ICC, are central for determining whether the ICC is achieving its goals. It is therefore necessary not only to address how the ICC is working, it is also necessary to consider the levels of understanding and acceptance of the ICC and international criminal justice principles among its various constituencies, including States, Parliaments, civil society and people directly affected by its work.
In addressing and promoting these developments, NPWJ’s international criminal justice strategy focuses on implementing the principle of complementarity, by increasing awareness and building capacity of local actors on international criminal justice issues in which NPWJ has specialist expertise, in particular conflict mapping, outreach and the needs of children in accountability mechanisms; and promoting public perception and awareness on international criminal justice, particularly in conflict and post-conflict countries. NPWJ also aims to strengthen the work of the International Criminal Court itself, through interactions and advocacy with the Court, increased ratifications, strengthened political commitment to international criminal justice and increased capacity and awareness of its interlocutors.
