![]() ![]() These efforts include legislative assistance, capacity building, and advocacy and political dialogue to counter obstruction. This makes the OTP potentially an important actor in what has come to be known as “positive complementarity”-the range of efforts by international partners, international organizations, and civil society groups to assist national authorities to carry out effective prosecutions of international crimes. In policy and in practice, the OTP is committed, where feasible, to encouraging national proceedings into crimes falling within the ICC’s jurisdiction in preliminary examinations. As a result, the Office of the Prosecutor (OTP) can have significant leverage with national authorities in countries where it is considering whether to open an investigation in what are known as “preliminary examinations.” Where states have an interest in avoiding the ICC’s intervention, they can do so by conducting genuine national proceedings. In the long-term, bolstering national proceedings is crucial in the fight against impunity for the most serious crimes, and is fundamental to hopes for the ICC’s broad impact. ![]() ![]() Under the principle of “complementarity,” the ICC can only take up cases where national authorities-which have the primary responsibility under international law to ensure accountability for atrocity crimes-do not. The International Criminal Court (ICC) is a court of last resort. Positive Complementarity in Preliminary Examinations © 2008 David Mdzinarishvili/Reuters / © 2009 MAURICIO DUENAS/AFP/Getty Images / © 2016 CELLOU BINANI/AFP/Getty Images / © 2004 Graeme Robertson/Getty Imagesįindings and Recommendations A. Daoud Mousa, father of Baha Mousa who died in 2003 at the age of 26 while in the custody of British soldiers in Iraq, shows photographs of his son and family to the media as he arrives at a JLondon court hearing on human rights violations in Iraq. People hold a banner reading “We will never forget the dead, the missing, the wounded and the raped women of September 28, 2009” in Guinea’s capital, Conakry on September 28, 2016, marking the seventh anniversary of the Guinean security forces attack on a peaceful demonstration at a stadium that left 150 people dead and dozens of women raped. Relatives hold pictures of their beloved during a Mamarch in Bogota against the “false positive” killings and enforced disappearances allegedly carried out by Colombian authorities between 20. Clockwise, from top left: Georgians hold candles during a remembrance ceremony in Gori, west of Georgia’s capital, Tbilisi, a year after the August 2008 war between Georgia and Russia over the breakaway region of South Ossetia. ![]()
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