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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Positive Complementarity

Hitomi Takemura

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 21 April 2024

Complementarity — Relationship between international and domestic law — International criminal courts and tribunals, procedure

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 Positive complementarity can be defined as activities and actions of cooperation aimed at promoting national proceedings, with specific reference to the prosecutorial policy of an international criminal court, whereby the International Prosecutor encourages genuine national proceedings when possible, by way of relying on national and international networks, and invites relevant States to participate in a system of international cooperation. The positive approach to complementarity implies that an international criminal tribunal and the State have agreed upon a...
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