The International Criminal Court (ICC) has released a draft Policy on Complementarity and Cooperation.
Centred on the fundamental concepts of collaboration and mutual support outlined in the Rome Statute, this paper distils a range of integrated measures and policies aimed at ushering in a transformative change in the interactions between the ICC’s Office of the Prosecutor, national authorities and other accountability mechanisms, and victims and survivors of global atrocities.
The role of complementarity and cooperation in the ICC’s work
The International Criminal Court (ICC) was established to be “complementary to national criminal jurisdictions.” It is through cooperation and complementary action on matters of common concern that the pursuit of justice for Rome Statute crimes can be achieved.
The complementarity regime serves as a mechanism to encourage and facilitate the compliance of States with their primary responsibility to investigate and prosecute core crimes such as war crimes. The ICC encourages domestic action wherever possible, but must remain vigilant and intervene where appropriate, such as when core crimes are not being sufficiently addressed domestically.
Complementarity and cooperation in partnership
The ICC is taking unprecedented steps to reinvigorate and transform the nature of its relationship with national jurisdictions to ensure greater impact. The four key pillars on which the ICC’s efforts to deepen its engagement with national authorities are based are creating a community of practice, bringing justice closer to communities, technology as an accelerant, and harnessing cooperation mechanisms.
Creating a community of practice
To maximise the benefits of cooperation and complementarity and to determine when and where the Office of the Prosecutor (OTP) should intervene most effectively, it is imperative for the OTP to improve its comprehension of the legal frameworks within individual nations that facilitate collaboration with their respective national authorities. To achieve this, the OTP will establish new channels, platforms, and methods for the exchange of information and ideas with national counterparts, all while taking proactive measures to monitor the advancements and initiatives undertaken on the domestic front concerning international crimes.
Bringing justice closer to communities
By firmly establishing its operations within a local context, the OTP can foster trust among various stakeholders, including national authorities, and enhance its capacity to discover new prospects for collaboration. In pursuit of this goal, the OTP is actively augmenting its on-ground presence in several situation countries to bolster its investigative efforts and forge deeper connections with local stakeholders and civil society organisations. The ICC’s obligation to remain highly relevant to those impacted by crimes underscores the importance of maintaining close physical proximity and frequent interaction with affected communities. The initial approach should prioritise conducting activities as near as feasible to the communities affected.
Technology as an accelerant
In its pursuit to become a central hub for international criminal justice collaboration, the OTP must demonstrate its ability to deliver practical benefits to national investigators and prosecutors. The OTP is currently revamping its technological infrastructure, enabling it not only to handle, process, and securely store extensive data sets but also to proficiently classify and analyse vast amounts of information through tools like machine learning and advanced cognitive services. This transformation will position the OTP uniquely to share evidence and analytical resources to bolster national legal proceedings.
Harnessing cooperation mechanisms
The present circumstances and operational context present an unparalleled prospect to reshape the connection between the OTP and international or regional organisations. Through active involvement and the pursuit of creative collaborative initiatives, the OTP is paving the way for novel avenues of cooperation and the exchange of information. Additionally, the OTP is actively striving to enhance strategic dialogues and examining diverse channels that could potentially result in a more efficient allocation of cases across international, regional, and national levels.
Key takeaways
The ICC’s new approach to complementarity and cooperation signifies a pivotal shift in its mission for international justice. By creating a community of practice, bringing justice closer to communities, using technology as an accelerant, and harnessing cooperation mechanisms, the ICC is poised to make a more significant impact in addressing global atrocities.
