Complementarity and cooperation in international criminal justice

The international criminal justice system lacks a sufficient legal framework to facilitate domestic prosecution, including a well-developed interstate cooperation system.

The international criminal justice system, although centred on the International Criminal Court (ICC), is dependent on effective domestic action, including state cooperation with the ICC. The ICC is premised on the concept of complementarity, which means that the primary responsibility for exercising jurisdiction in respect of international crimes rests with national systems. However, there is no comprehensive convention obligating states to criminalise and exercise jurisdiction over such crimes at national level. More importantly, there is no comprehensive convention requiring interstate cooperation to promote the successful investigation of international crimes. This paper assesses two recent initiatives aimed at establishing such a comprehensive convention.

About the author

Professor Dire Tladi holds BLC and LLB degrees from the University of Pretoria, an LLM from the University of Connecticut and a PhD from Erasmus University Rotterdam. He is a professor of international law at the University of Pretoria and a member of the United Nations International Law Commission. He is also a special advisor to the Minister of International Relations and Cooperation of South Africa, and serves as a consultant for the ISS on international criminal justice matters.