Islamic Criminal Procedure and the Principle of Complementarity of the International Criminal Court

This chapter focuses on whether and how an individual would be able to challenge an international criminal court (ICC) decision which stipulates the competency of national trials over the case, if he or she is or will be subject to serious due process violations in the national trial. It intends to shed light on the delicate question of due process in traditional Islamic criminal procedure. The chapter examines how due process violations should generally be dealt with within the complementarity system of the ICC. The system of complementarity of the ICC is subjected to close scrutiny with respect to the influence of due process provisions. Finally, the chapter focuses on how the ICC should actively partake in enforcing due process principles in national trials and strike in favor of individuals being enabled to resort to ICC jurisdiction if they are deprived of their procedural rights in domestic courts. Keywords:International Criminal Court (ICC); Islamic criminal procedure; jurisdiction; national trials; principle of complementarity; strike