Some critics contend that the International Criminal Court (ICC) is selective in its approach to international criminal justice. Thus, they called for withdrawal from the Rome Statute. This call is reflective of Third World Approaches to International Law (TWAIL) to the extent that it constitutes a protest against unequal treatment of the Third World. But what is somewhat overlooked is that the ICC is a court of last resort and that state parties to the Rome Statute are required to prosecute unless they are unwilling or unable. This is called the principle of complementarity. This study therefore examines TWAIL and the Rome Statute complementarity principle within the context of international criminal justice. It finds that the ICC is too eager to intervene and that in the process the Third World is being used as a guinea pig even though selectivity cannot be unequivocally established. It argues that this is hegemonic. To obviate this situation, it is argued that Third World states can prosecute for one another through direct transfer of criminal jurisdiction or through an international organization to prosecute on their behalf. Whenever the ICC wants to intervene in respect of any crime that the state party concerned is required to prosecute, the state party will indicate that another state or an international organization to which it has transferred its jurisdiction is acting as its agent and that it is the one doing the prosecution as the principal. With this, the internal situation of Third World states would have changed as envisaged in the third objective of TWAIL and they will be able to operate within international criminal justice system without being at its receiving end.

一些批评者认为，国际刑事法院 ( ICC ) 在处理国际刑事司法方面具有选择性。因此，他们呼吁退出《罗马规约》。这一呼吁反映了第三世界对国际法的处理方式 ( TWAIL )，因为它构成了对第三世界不平等待遇的抗议。但有点被忽视的是，国际刑事法院是终审法院，《罗马规约》的缔约国必须起诉，除非他们不愿意或不能起诉。这称为互补原则。因此，本研究在国际刑事司法背景下审查了TWAIL和《罗马规约》的互补性原则。它发现国际刑事法院太急于进行干预，并且在这个过程中，第三世界被用作试验品，即使不能明确确定选择性。它认为这是霸权的。为了避免这种情况，有人认为第三世界国家可以通过直接转移刑事管辖权或通过国际组织代表他们起诉彼此起诉。每当ICC如果有关缔约国想要对任何需要起诉的罪行进行干预，缔约国将表明它已将其管辖权移交给的另一国家或国际组织作为其代理人行事，并且是它在做这件事作为主犯起诉。有了这个，第三世界国家的内部情况就会像TWAIL的第三个目标所设想的那样发生变化，他们将能够在国际刑事司法系统内运作，而不是成为其接收端。