The Awakening Hypothesis of the Complementarity Principle

The principle of complementarity described in the ICC Rome Statute is often taken for granted in the legal analysis of international criminal law and its jurisprudence. Indeed, apart from William Schabas and his monumental paper ‘“Complementarity in Practice’: Some Uncomplimentary Thoughts”, very few have ever questioned it. However, closer examination proves that the complementarity principle was a mere shadow without any flesh and bones whatsoever, at least––arguably––until the Abdullah Al-Senussi case. Hence, the ‘awakening hypothesis’ of the complementarity principle first examines the myth of the complementarity principle and the fact that it was never actually enforced until October 2013. Thereafter analysis follows of the reasoning of the two Abdullah Al-Senussi judgments (Pre-Trial and Appeals Chamber). Finally, the awakening hypothesis of the complementarity principle leaves open to question whether or not the Αl-Senussi case is indeed the first instance of the complementarity principle's enforcement, without overlooking the fact that, since the two above judgments, ICC Prosecutor Fatou Bensouda has repeatedly expressed the Court’s respect towards the complementarity principle at least at a rhetorical level.