THE ROLE OF NATIONAL JUSTICE OF THE WELFARE STATE IN IMPROVING THE EFFECTIVENESS OF INTERNATIONAL CRIMINAL JUSTICE: PROBLEMS AND WAYS TO SOLVE THEM

Abstract

The main impetus for choosing the topic of this article is to reveal and support the effective implementation of the principle of complementarity, which requires the domestic justice system of each state to play an active role in the consideration of crimes listed in the Rome Statute of the International Criminal Court (ICC), such as genocide, crimes against humanity, war crimes and aggression. In this context, it is important to take into account the role of national jurisdiction in the context of the welfare state, which seeks to ensure justice, security and protection of citizens, including victims of serious international crimes. A welfare state, which is focused on ensuring the rights and social protection of its citizens, must also fulfill its obligations in the international context, creating conditions for national proceedings against major crimes. This ensures not only the implementation of international standards, but also the real ability of national institutions to effectively confront criminals by developing their legal and material capacity. This is possible by promoting understanding of the ICC legal framework and case law on the principle of complementarity, as well as by developing contacts between courts and providing a platform for the exchange of experience, practices and lessons learned from serious international crimes.

For a welfare state that is focused on supporting its citizens, ensuring jurisdiction over serious crimes is of particular importance. Such a state should create effective mechanisms to protect victims of criminals and promote fair justice at the national level, without leaving these issues to an international court. The principle of complementarity of the Rome Statute actually emphasizes the importance of the active role of national courts in fulfilling the social function of the state, giving preference to national proceedings and increasing the effectiveness of protecting citizens from serious crimes.

Thus, by considering complementarity as a principle, the welfare state receives additional responsibility for strengthening its own justice mechanisms and supporting citizens in the context of international obligations to combat the most serious crimes.