The international criminal court and the complementarity approach between embodiment and failure

Abstract

The complementarity approach is one of the most fundamental approaches adopted by the International Criminal Court with a view to balancing its judicial work and not compromising the sovereignty of States parties But dropping this approach on the ground is a sham mechanism that does not meet the purpose for which it was created, This is in itself a profound fundamental problem that this study is trying to highlight. s failure to achieve non-conflict with the principle of State sovereignty, This is reflected in the findings of this study and confirmed the validity of this hypothesis through its finding that to date this mechanism is still covered by several obstacles, the most important of which relate to its legal formulation. In addition, there are provisions in the Statute of the Court
that are inconsistent with this mechanism in some way or in any other form with the nature of the Court's relationship with the Security Council or with the incompatibility of the laws of States parties with the provisions of the Statute.