The Principle of Complementarity as a Constitutional and Legal Basis for the Implementation of the Rome Statute of the International Criminal Court in National Legislation of Ukraine

Abstract

The article is devoted to the study of recognition by the states of the principle of complementarity as a «bodyline» for the ratification of the Rome Statute of the International Criminal Court at the constitutional level. The author analizes the existence of objective grounds for non-ratification of the Rome Statute by Ukraine, namely, the question of the compatibility of the principle of complementarity with the constitutional norm – the 124^th Article of the Constitution of Ukraine. It was cleared up the consequences of the recognition by the participating States and non-participants of the Rome Statute of the principle of complementarity, which lie in the extension of the jurisdiction of the International Criminal Court, which in turn should be enshrined at the constitutional level. The concept of jurisdiction and admissibility within the competence of the International Criminal Court and their peculiarities that influence the principle of complementarity are researched. An analysis of Article 17^th of the Rome Statute of the International Criminal Court as the basis for the extension of the jurisdiction of the International Criminal Court, in conjunction with the principle of complementarity and, as a result, its acceptance by the constituent States. It is concluded that recognizing the principle of complementarity is a problem that should be resolved at constitutional level by states intending to ratify the Rome Statute of the International Criminal Court by consolidating and recognizing the jurisdiction of the International Criminal Court in the Basic Laws.