The icc as a Justice Hub and the EU International Criminal Justice Ecosystem

Abstract The icc Prosecutor’s Policy on Complementarity and Cooperation signals a strategic shift towards constructive and cooperative complementarity, intending to transform the otp into a justice hub and a proactive partner for national authorities. This article explores the policy’s implementation within the EU emerging international criminal justice ecosystem, focusing on the Ukraine situation. The Ukraine case testifies to the need to establish inter-level coordination frameworks to minimise the risk of fragmentation resulting from the rising polycentricity in international criminal justice. The analysis demonstrates that flexible and ad hoc coordination hubs, particularly if established at the regional level, are a promising approach to advancing positive complementarity. The EU international criminal justice ecosystem empowers the implementation of the Prosecutor’s policy by leveraging its effective judicial cooperation instruments and robust institutional frameworks, primarily Eurojust. The Rome Statute allows the otp to participate in decentralised accountability hubs and make an impactful contribution while better safeguarding its independence and impartiality.