This chapter considers the emphasis of the Rome Statute on the capacity of national institutions to investigate and prosecute international crimes, and its significance under the International Criminal Court (‘ICC's’) complementarity regime. In light of the importance placed on national ability under the Rome Statute, the chapter highlights difficulties national institutions may face in investigating, prosecuting and adjudicating core international crimes. The chapter goes on to introduce the Legal Tools platform which criminal justice institutions may draw on in the processing of international crimes. The ICC's Legal Tools, it concludes, make an effective infrastructure contribution to the construction of national ability and, by that, help states to fulfil their role under the ICC's complementarity regime.

Introduction

The ability of national institutions to seek justice for the commission of core international crimes is central to the regime created by the International Criminal Court (‘ICC’) that aims to put an end to impunity for the most serious crimes of concern to the international community as a whole. The institutional design of the ICC confirms that states have priority in the investigation and prosecution of international crimes. It is grounded in the idea that states will share the burden of establishing accountability for cases arising from the commission of mass atrocities. However, the complex nature of the process of criminal justice for atrocities, the resources and expertise required for the investigation and prosecution of international crimes and the relative incapacity of national justice institutions may prevent states from fulfilling the role they have pursuant to the Rome Statute.