Application of International Criminal Law through Community Justice Mechanisms: The Principles of Impartiality and Independence in Light of the Principle of Complementarity

The principle of complementarity preserves the sovereignty and primacy of national jurisdiction and guarantees the procedural self-determination of states. Its respect recognizes the cultural nature of even the most complex criminal problems, allowing individual states to find the most appropriate procedures with identity value. Traditional forms of conflict resolution are a historic alternative. However, these must be aligned with international human rights protection requirements through processes of legal hybridization. This international standard of protection requires that procedures guarantee impartiality and independence.