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19 Crim. L.F. 1 (2008)

handle is hein.journals/crimlfm19 and id is 1 raw text is: Criminal Law Forum (2008) 19:1-3 © Springer 2008 DOI 10.1007/s10609-008-9058-9 Symposium WILLIAM A. SCHABAS,* CARSTEN STAHN** and MOHAMED M. EL ZEIDY*** THE INTERNATIONAL CRIMINAL COURT AND COMPLEMENTARITY: FIVE YEARS ON Five years after the entry into force of the Rome Statute of the International Criminal Court (ICC), the principle of complementar- ity is at the heart of legal debate. Complementarity has been addressed by various policy documents of the Office of the Prosecutor (OTP) and several ICC decisions. The first practice of the Court has brought some innovation and unexpected developments. The Prose- cutor has adopted a 'policy of inviting and welcoming voluntary referrals by territorial states', instead of making active use of his proprio motu powers under Article 15. New ideas, such as the concept of 'positive complementarity' have emerged and are in need of further clarification. The gravity requirement under article 17 (1) (d) has been applied in different and sometimes inconsistent ways by the OTP and Chambers. The choices and policies of the Court on complementarity are of considerable importance for the future of international criminal jus- tice, since they shape the very essence of the relationship of the Court to domestic jurisdictions as well as the interaction of states in the exercise of criminal jurisdiction. This symposium is based on papers presented at a COST Action Workshop, which was organized and hosted by the Ludwig Boltz- mann Institute of Human Rights in Vienna, 8-10 September 2006. The essays collected in this volume are designed to shed a critical light on the contemporary treatment and conceptualization of comple- * Editor-In-Chief, Irish Centre for Human Rights, National University of Ireland, Galway, Ireland. ** Managing Editor, School of Law, Swansea University, Swansea, UK *** Guest Editor, Judge, Egyptian Ministry of Justice, Ph.D. (National University of Ireland, Galway), Cairo, Egypt

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