Complementarity in Practice: The International Criminal Court as Part of a System of Multi-level Global Governance in the Democratic Republic of Congo

Abstract

This article asserts the emergence of multi-level global governance through an analysis of the relationship between the International Criminal Court and the Democratic Republic of Congo. The article suggests a far deeper set of influences than previously anticipated, presenting research on how the ICC is directly influencing Congolese domestic politics and how some actors within the Congo are seeking to manipulate the Court for their own political benefit. Further, the article considers the self-referral by the Congolese government, the early impact of complementarity, and efforts at judicial reform in the Congo. In the process the article develops a set of criteria to evaluate the ‘total or substantial collapse’ provisions of the complementarity regime.