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.