Victim-oriented complementarity is the key: a proposal for a policy and structural change in the interpretation and application of the International Criminal Court’s principle of complementarity for the achievement of victim-oriented justice

The Rome Statute system of justice is built on the key principle of complementarity. This requires States Parties and the International Criminal Court (ICC) to function together in their shared objective to end impunity for core international crimes while being mindful of their impact on victims. This thesis analyzed the ICC’s complementarity, and victim jurisprudence using doctrinal research method. It found that although victims’ provisions dot the core legal texts of the Court, admissibility criteria which regulate complementarity do not expressly include consideration of victims’ interests. Victims’ ability to participate in complementarity proceedings are restricted, and their interests do not feature as strong elements in complementarity decisions. No study has suggested a policy and structural blueprint for a complementarity mechanism in the interests of victims. This thesis makes an original contribution to the field of international criminal justice in two ways. First, it proposes a reinterpretative framework for the introduction of victims’ elements into admissibility determinations, in the form of victim-oriented qualified deference, i.e. (1) extra time awarded to states who show an element of willingness, to develop justice approaches which benefit victims, (2) facilitation of capacity building (3) the use of a Memorandum of Understanding between the ICC, concerned States, and cooperation partners, negotiated in consultation with victims, and (4) monitoring of state’s compliance. Secondly, the thesis is the first study to propose a design for an inclusive, neutral, and independent ICC complementarity division which can better accommodate victims in the process. The thesis’s proposals are tested by applying them to existing ICC situations originating from UNSC referrals, States Parties referrals, and proprio motu situations. The result shows that making the complementarity regime and process more attuned with victims’ needs and interests brings the Rome Statute system one step closer to achieving victim-oriented justice.