Proactive Complementarity: The International Criminal ...

\\server05\productn\H\HLI\49-1\ : 128-DEC-0714:21 VOLUME 49, NUMBER 1, WINTER 2008 Proactive complementarity : The InternationalCriminal Court and National Courts in theRome System of International JusticeWilliam W. Burke-White*When the International Criminal Court ( ICC or Court ) was established in 2002, states, nongov-ernmental organizations ( NGOs ), and the International community had extraordinarily high expecta-tions that the Court would bring an end to impunity and provide broad-based accountability forinternational crimes. Nearly five years later, those expectations remain largely unfulfilled due to politicalconstraints, resource limitations, and the limited ability of the ICC to apprehend suspects. This articleoffers a novel solution to the misalignment between the Court s limited resources and legal mandate on theone hand and the lofty expectations for it on the other, arguing that the Court must engage more activelywith national governments and must encourage states to undertake their own prosecutions of internationalcrimes.

\\server05\productn\H\HLI\49-1\HLI101.txt unknown Seq: 2 28-DEC-07 14:21 54 Harvard International Law Journal / Vol. 49 been dealt a decisive blow.”1 States, nongovernmental organizations, and the global public all had high expectations for the new Court’s ability to provide

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  International, Proactive, Criminal, Proactive complementarity, Complementarity, The international criminal

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