The genesis of complementarity

doi:10.1017/CBO9781316134115.010

4 - The genesis of complementarity

from PART II - Origin and genesis of complementarity

Published online by Cambridge University Press: 05 November 2014

Mohamed M. El Zeidy

Edited by

Carsten Stahn and

Mohamed M. El Zeidy

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Carsten Stahn: Affiliation:
Universiteit Leiden
Mohamed M. El Zeidy: Affiliation:
International Criminal Court

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Summary

[A]n effect of tremendously disparate complementaries which strengthen each other by their juxtaposition.

(Vincent van Gogh describing the utility of employing the concept of complementarity of colours in art in his famous painting ‘Irises’, 1890.)

Abstract

This chapter examines the genesis of the concept of complementarity. It argues that, unlike the common perception among many scholars, complementarity is not a novel concept attributed to the sole work of the International Law Commission or any subsequent effort. Rather, the concept existed a long time before the International Law Commission was seized of its mandate to prepare a draft statute establishing an international criminal court. The parameters and the legal conditions that organized the concept's operation developed over a period of seventy-nine years starting from 1919 and ending with the adoption of the Rome Statute in 1998. The elaboration of these legal criteria throughout this lengthy period led to the emergence of different models of complementarity, one of which is the 1998 Rome Statute's model. Every model was introduced during a certain period for quite different, but often overlapping philosophical and legal reasons. The common premise that underlined these complementarity models was that, irrespective of the reasons, an international criminal jurisdiction may do that which the national criminal jurisdiction was not in a position to do.

Type: Chapter
Information: The International Criminal Court and Complementarity
From Theory to Practice
, pp. 71 - 141

DOI: https://doi.org/10.1017/CBO9781316134115.010 [Opens in a new window]

Publisher: Cambridge University Press

Print publication year: 2011

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References

Legal Officer, Pre-Trial Division, The International Criminal Court; Judge, Senior Public Prosecutor and Public Prosecutor, Egyptian Ministry of Justice (1997–2007); Ph.D. and LL.M. (Ireland,); LL.M. (Cairo); Licence en Droit and Bachelor of Police Sciences (Cairo). The views expressed in this chapter are those of the author and do not necessarily reflect those of the International Criminal Court. This chapter is adapted and updated from Part A of the author's monograph, infra note 11

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