In this chapter, Christopher Mahony considers the ICC’s principle of complementarity and the military self-interest in conducting domestic proceedings on core international crimes. In the ICC’s practice regarding Colombia, Libya, Kenya, Uganda and Guinea, Mahony notices that where States demonstrated the requisite due diligence and intent to pursue the crimes, they have successfully disabled ICC investigations. By contrast, more belligerent opposition to the ICC has led to further proceedings before the Court. Therefore it is in the military’s self-interest to bring perpetrators of core international crimes to justice via domestic processes that could be politically controlled but still meet the complementarity threshold.
By entering this website, you consent to the use of technologies, such as cookies and analytics, to customise content, advertising and provide social media features. This will be used to analyse traffic to the website, allowing us to understand visitor preferences and improving our services. Learn more