Part V discusses Kenya's application to the PTC to find the case inadmissible under the complementarity principle
, and the PTC's and Appeal Chamber's "precedent-setting" response.
Under the complementarity principle
, the ICC can take over a case if a state proves unwilling or unable to investigate and prosecute, while states, on the other hand, can challenge the jurisdiction or admissibility of the court.
These examples are snapshots of how the complementarity principle
generates a distinct set of hurdles the ICC must navigate to succeed.
We will show that this mixing results into an apparent refutation of the complementarity principle
This aspect of the Rome Statute is popularly known as the "complementarity principle
." See, e.g., Lijun Yang, On the Principle of Complementarity in the Rome Statute of the International Criminal Court, 4 CHINESE J.
To accelerate the progress of science towards structuring, we could usefully employ a generalization of Heisenberg's uncertainty principle, Bohr's complementarity principle
, and Korzybski's principle of general uncertainty.
The complementarity principle
can be considered an extension of the correspondence principle.
However, according to the complementarity principle
formulated by Niels Bohr, it's impossible to observe both wave and particle characteristics at the same time.
Yung bawal dito yung (What is prohibited is) usurpation, yun yung krimen (that's the crime),' said presidential spokesman Harry Roque as he lectured on the 'complementarity principle
under the ICC.'
The provisions of Articles 17 and 18 also create a "prudential" component to the complementarity principle
, as certain policy choices are contemplated in deciding what kinds of cases should be conducted under the auspices of the ICC, rather than through national judicial systems.
The fifth issue is Bohr's complementarity principle
which was originally applied to quantum theory; but his general complementarity principle
of irreducibility applies to all models.
In particular, in a key filing before the ICC, the Kenyan government sought to establish the case against the suspects as inadmissible under the complementarity principle
. (192) For example, in its filing, the Kenyan government cited judicial and constitutional reforms such as the drafting of a new constitution, which included strengthened trial rights and revamped national courts now able to try "crimes from the post-election violence, including the ICC cases ...," (193) Kenya also cited its efforts to investigate and prosecute a number of lower-level perpetrators in the post-election violence.