International Humanitarian Law

This book analyses how the complementarity regime of the ICC’s Rome Statute can be implemented in member states, specifically focusing on African states and Nigeria. Complementarity is the principle that outlines the primacy of national courts to prosecute a defendant unless a state is ‘unwilling’ or ‘genuinely unable to act’, assuming the crime is of a ‘sufficient gravity’ for the International Criminal Court (ICC).

This book embarks on a comprehensive exploration of the jurisdiction of the International Criminal Court (ICC) and elucidates the three foundational aspects of its jurisdiction as laid out in the Rome Statute: the preconditions for exercising jurisdiction (Article 12 ICCRSt), its substantive competence regarding core crimes (Articles 5-8bis ICCRSt), and the principle of complementarity (Article 17§1(a) ICCRSt).