Search: Complementarity SAIF GADDAFI

Libya has filed a lengthy response to a series of Pre-Trial Chamber questions about the domestic proceedings against Saif. There is much of interest in the motion, but what particularly caught my eye is Libya’s open admission that it has repeatedly interrogated Saif and confronted him with witnesses in the absence of defence counsel. Here are the relevant paragraphs (emphasis mine): 49. In the period since 1 May 2012, testimonies regarding the actions of Saif Al-­Islam Gaddafi have been obtained from individuals who previously operated at the highest civilian and...

...Gaddafi due to the fact that Mr. Gaddafi had refused to see any ICC officials. 251. On 19 January 2012, the OPCD requested Dr. Gehani to convey a letter to Mr. Gaddafi, explaining the appointment and mandate of the OPCD, so that Mr. Gaddafi could make an informed decision regarding a potential visit. It is, however, apparent that Dr. Gehani failed to convey this letter to Mr. Gaddafi. 252. On 23 January 2012, the Libyan authorities averred to the Pre-Trial Chamber that Mr. Gaddafi had apparently refused to receive visits...

(Chapter 3). The ICC Office of the Prosecutor (OTP) has found itself in the awkward position of being caught between these two contrasting visions of complementarity (Chapter 4). While ‘outside of the courtroom’ the OTP has championed the catalyst vision of complementarity, in court the Office of the Prosecutor has adopted the legalistic approach of separating the judicial dimension of complementarity, namely the determination of the admissibility of a given case, from the policy of ‘positive complementarity’, i.e. the proactive promotion of national proceedings through cooperation with the court (p....

[Gaiane Nuridzhanian is a PhD candidate at University College London, Faculty of Laws.] Recent reports on release of Saif al-Islam Gaddafi and his plan to run in Libya’s presidential elections have stirred some discussion about the future of the case The Prosecutor v. Saif Al-Islam Gaddafi. A new development in the case came this June. The defence for Gaddafi lodged an admissibility challenge on the basis of Article 17(1)(c) and the ne bis in idem principle enshrined in Article 20(3) of the Rome Statute (RS). The defence submits that Gaddafi...

the author’s preference for the so-called positive complementarity. It should be remembered in this regard that the principle of the complementarity of the ICC lends itself to two different logics. The first is negative complementarity. It translates into an antagonistic view of the relationship between the ICC and national courts. Article 17 of the Rome Statute aims to organize this relationship to avoid conflicts of jurisdiction between the ICC and national courts in prosecuting crimes under the Rome Statute. The second logic is that of positive complementarity, the legal basis...

recently explored dimension of complementaritycomplementarity as practiced or as evolved -which speaks of it beyond a norm in law to an instrument of policy which “promotes the ICC and the Rome Statute as proactive agents for domestic accountability.” It is here that we encounter an interpretation of the complementarity concept that presupposes that jurisdiction over serious crimes is not only a right for sovereign states but a duty as well with seemingly consequences where unfulfilled in line with international law. “As stated in the ICC Prosecutor’s first policy...

with its decision in Gaddafi. In Gaddafi, PTC I held that Libya’s failure to provide Gaddafi with an attorney meant that it was “unable” to prosecute him within the meaning of Art. 17(3) of the Rome Statute (emphasis mine): 213. Indeed, attempts to secure legal representation for Mr Gaddafi have seemingly failed. In response to a query from the Chamber as to the concrete steps that have been taken in order to secure independent legal representation for Mr Gaddafi, Libya indicates that Libyan Ministry of Justice officials have engaged in...

representation for Mr Gaddafi in view of the security situation in Libya and the risk faced by lawyers who act for associates of the former regime. 213. The Chamber notes that this position was confirmed by the Libyan Government during the Admissibility Hearing. Indeed, attempts to secure legal representation for Mr Gaddafi have seemingly failed. In response to a query from the Chamber as to the concrete steps that have been taken in order to secure independent legal representation for Mr Gaddafi, Libya indicates that Libyan Ministry of Justice officials...

...it centring around whether the ICC’s investigations into and arrest warrants of Gaddafi, his son Saif and the Libyan head of intelligence, Abdullah al-Sanussi, eliminates the possibility that Gaddafi steps down from power. The majority of those who have contributed to the debate suggest that the goal of justice is undermining or complicating efforts to negotiate a peace settlement to the conflict. As I have elaborated elsewhere, there are at least six possible courses of action in Libya: negotiate a power-sharing agreement between Gaddafi and the rebels; negotiate the exile/asylum...

ICC not investigated Kabila and his supporters? The answer lies in the OTP’s contorted reading of complementarity. The ICC and Complementarity Complementarity is the structural principle that regulates the ICC’s relationship to states like the DRC. Unlike the ad hoc tribunals for Rwanda and Yugoslavia, the ICC is not supposed to simply assert jurisdiction over high-profile suspects or cases that it considers particularly grave. The ICC’s jurisdiction is only ‘complementary’, which means it gives priority to genuine national proceedings (Article 17, Rome Statute). To invoke a metaphor frequently used by...

(It is also a strained “plain reading” of the text. When the U.S. Marshal in a Western tells his deputies to bring the bad guy to justice, no one thinks he is actually instructing his deputies to ensure that the bad guy has a good lawyer.) So does that mean a national criminal-justice system’s failure to provide a defendant with due process can never make a case admissible? I’ve been thinking about the issue again lately, because of Libya’s treatment of Saif Gaddafi. To be honest, I never imagined that...

...rebels, because Libyan government officials were present during the OPCD/Registry meeting with Saif in Zintan. Whether that means the rebels would give Saif to the NTC is, of course, another question... Mark Kersten Thanks Kevin. That's what I imagined. Very odd situation there. Only person who can give access to Saif is said to be the Libyan general prosecutor. But not even he has been able to persuade the Zintan rebels to send Saif to Tripoli. The Registry's report also noted something I also hadn't heard before and is very...