Rethinking the Role of the ICC’s Prosecutor: Positive Complementarity as Self-Legitimation

This article examines how the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) has strategically mobilized the concept of positive complementarity as a means of institutional self-legitimation. Drawing on a systematic content analysis of official OTP documents published between 2003 and 2024, the study analyzes how the Office has framed its evolving role within the broader landscape of international criminal justice. By positioning itself as a facilitator rather than a unilateral enforcer, the OTP adopts a strategic approach that allows it to accommodate and respond to different interests and tensions while simultaneously reinforcing international norms and expectations regarding accountability. Recognizing this potential, this paper explores how positive complementarity functions as a discursive tool, allowing the ICC to expand its influence, secure state cooperation, and counter criticisms of bias and overreach. However, this discursive evolution is not without risks. By emphasizing facilitation and partnership over direct enforcement, the OTP may inadvertently blur the boundaries of its prosecutorial mandate and shift expectations away from its core responsibility to pursue accountability for international crimes.