UNIVERSAL JURISDICTION MEETS COMPLEMENTARITY: AN APPROACH TOWARDS A DESIRABLE FUTURE CODIFICATION OF HORIZONTAL COMPLEMENTARITY BETWEEN THE MEMBER STATES OF THE INTERNATIONAL CRIMINAL COURT

ABSTRACT. This paper will propose a ?rst draft provision concerning horizontal complementaritybetweenthememberstatesoftheICC.Firstly,theideaofsubsidiaryuniversal jurisdiction will be introduced. At its heart, the work will bring the concepts of vertical complementarity and subsidiary universal jurisdiction into relation to de?ne a desirable future codi?cation of horizontal complementarity. The author will focus on the following seven issues that have to be addressed during the drafting of such codi?cation: The relationship between the actors; the legal quali?cation of horizontal complementarity; the underlying idea and ratio behind the concept; a positive or negative determination of complementarity;thede?nitionofhorizontalcomplementarity;thequestionwhothe?nalarbiter ofadeterminationshouldbe;thematterofcompliancewithdecisions.ItwillbeseenthatArt 17ICCStatutecanserveasausefulbasisofthiscodi?cationbutthatthespecialrelationships on the inter-state level will inevitably lead to some deviating requirements of this principle