Abstract:
International criminal justice is one of the fundamental goals of international community that considered as the subject of deferent actions in national, regional and international levels. Although regional mechanisms were delayed to combat the impunity compared to international and national courts and this process is very slow in Asia and America. In fact, regional judicial implementation of international norms is relatively common in the fields of international human rights and there are attempts to create a regional international criminal court, such as the proposed addition of the criminal jurisdiction to the African Court of Justice and Human Rights. But the importance and the necessity of these courts and their relationship to ICC are the new legal challenge. Generally, the case is admissible before the ICC if the State which has jurisdiction is unwilling or unable genuinely to carry out the investigation or prosecution. However, the important issue is: how do regional tribunals fit with the principle of complementarity in Rome Statute? The answer to this question requires the proper understanding of the legal relationship between states and regional tribunals and the contextualized application of the principles of treaty interpretation enshrined in the Vienna Convention.
Machine summary:
Furthermore, the manner of interaction and communication between regional (or quasi-judicial) judicial authorities and other criminal courts, especially the International Criminal Court, is a serious legal challenge, because the principle of complementary jurisdiction in the Rome Statute refers to the exercise of the Court’s jurisdiction when national courts are unwilling or unable to prosecute crimes within its jurisdiction.
The most important reasons presented by Chinese officials for not acceding to the International Criminal Court are: First, the jurisdiction of the Court is not based on the principle of voluntary acceptance; the Rome Statute imposes obligations on non-member states without their consent, which violates the principle of national sovereignty and the Vienna Convention on the Law of Treaties of 1969.
For further study, see: Rezavi Fard and Nasrullahi Shahri, 2017: 49-42 The Legal Capacity of the Rome Statute for Regional Prosecution of International Crimes Given the possibility of establishing regional courts to prosecute international crimes, a key and important issue is to examine the prospects of the International Criminal Court facing the aforementioned courts, which can be analyzed under the principle of complementary jurisdiction and interpretation of Article 17 of the Statute.
2 This issue will develop with the preparation of such jurisdiction for the African Court of Human Rights, or courts established by two or more states temporarily or permanently to prosecute international crimes, and for this reason, resolving this conflict is a very important future legal challenge (-1061: 2016, Jackson 1062).
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