International Prosecutors Acting before National Courts?: The Rome Statute System and the Ultimate Approach to Positive Complementarity

Abstract

Abstract The paper discusses whether it is possible to install an international prosecutor before domestic courts to prosecute international crimes. As the “future of international law is domestic” the paper analyzes the question of possible development of the international criminal justice system, suggesting the ultimate approach to positive complementarity which includes international prosecutors acting before national courts. It begins with analyzing the concept of positive complementarity and its possible interpretations, arguing that there are no compelling policy reasons against reinterpreting the idea in order to allow an international prosecutor to act before national courts. Subsequently it briefly presents the first installments of such institutions and focuses on the challenges connected with providing such a scenario in a future.