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/lp/edinburgh-university-press/the-principle-of-complementarity-a-reflection-on-its-meaning-origin-40Ti0nEq6x
- Publisher
- Edinburgh University Press
- Copyright
- Copyright © Edinburgh University Press
- ISSN
- 0954-8890
- eISSN
- 1755-1609
- DOI
- 10.3366/ajicl.2021.0351
- Publisher site
- See Article on Publisher Site
Abstract
The principle of complementarity is one of the most important concepts in international criminal law as it defines the relationship between international criminal tribunals and domestic courts. Certain claims have been made in respect of this concept thus this study examines the correctness of the claims made. The study finds that the concept is claimed to have originated from the sciences and that its expression in international criminal law has taken a distinctive form different from that in the sciences, that it is traceable to the First World War and that there are at least about four categories of the concept. The study, however, argues that while the concept originated from the sciences, its expression in international criminal law is no different from that in the sciences, that it is traceable to the trial of Peter von Hagenbach in 1474 (the Breisach Trial) and that there are at least five categories of the concept. The study therefore concludes that the claims made are incorrect.
Journal
African Journal of International and Comparative Law – Edinburgh University Press
Published: Feb 1, 2021