Polemics on the Utility of Domestic Courts to Prosecute International Crimes

Abstract

The role and ability of domestic courts to try international crimes has led to debates among scholars and practitioners. While international law and particularly the Rome Statute that established the International Criminal Court exist on the premise of ensuring a robust international judicial system to deal with heinous crimes against humanity, its role is imbedded to the extent that it is complimentary to what domestic courts can or cannot do. Yet, there is contention on whether that domestic courts can be trusted with the complex task of effectively dealing with crimes that constitute grave violations that include geocide and crimes against humanity.

This paper argues that the best way to confront these crimes is to support robust domestic legal systems that will have the capacity to investigate and prosecute these crimes It is by this commitment that the both domestic and international legal regime with enhance its legitimacy and be able to check the excesses of offenders without necessarily compromising on other fundamental principles of international law and the legitimate democratic quest for accountability, rule of law and social order across the world.