Application of the Principle of Complementarity in the Rome Statute of International Criminal Court in Nigeria and Ghana

Issues and Challenges

Abstract

The International Criminal Court (ICC), as established by the Rome Statute of International Criminal Court, is clothed with jurisdiction over international crimes which are defined in the Rome Statute. To ensure respect for the sovereignty of States, the Rome Statute has incorporated in it the principle of complementarity giving the national courts of States the opportunity to try and determine cases bothering on international crimes failure of which the ICC may admit and determine them. Adopting the doctrinal research methodology, this article discusses the complementarity principle of the ICC as enshrined in the Rome Statute and the various challenges which could hinder the successful application of the principle of complementarity in Nigeria and Ghana. The article identifies non-domestication of the Rome Statute by the two States, immunity of Heads of States and Governments as bestowed on the executives by the Constitutions of Nigeria and Ghana, corruption amongst others as some of the challenges. Flowing from the foregoing, the article recommends that the domestication of the Rome Statute should be embraced wholly by African States including Nigeria and Ghana and the African Union should put much effort into the eradication of corruption to its barest minimum in Africa generally.