UNWILLINGNESS OF THE STATE AS A BASIS FOR THE ADMISSIBILITY OF A CASE IN THE INTERNATIONAL CRIMINAL COURT

Unwillingness of the competent state to prosecute and investigate an international crime within the jurisdiction of the International Criminal Court is one of the aspects of admissibility of a case in the court. Unwillingness is originally a subjective concept and is capable for a vast interpretation therefore may endanger the basic goal of complementarity principle i.e. respecting states sovereignty and priority of national jurisdiction in performing justice. By the way this accepted concept in the Rome statute is one of the tools to end impunity of international criminals of the most heinous crimes and help the prosecutor.