International Justice and the Rule of Law: Strengthening the ICC through Domestic Prosecutions

This article is based on the proposition that the International Criminal Court (ICC) will need to become less ‘international’ and more ‘domestic’ if international justice is to stay relevant over the next ten years. The legal basis for this shift is already embodied in the ICC’s core principle of complementarity that gives nation states jurisdiction over international crimes when conditions of judicial competency have been met. However, this jurisdictional shift from the ICC to domestic courts will have significant and far-reaching consequences. Building the capacity of national judicial systems will become increasingly important in the years ahead. The challenges will be daunting. The article maintains that it is paramount that the international community provide some discernible assistance to these new domestic courts to ensure that domestic proceedings are consistent with international norms. It sets out an effective mechanism that could be created to assist in this endeavour.