Search: Complementarity SAIF GADDAFI
18 Jul Appeals Chamber Rejects Libya’s Request to Suspend Transfer of Saif
in this case, the Appeals Chamber recalls that Libya is currently obliged to surrender Mr Gaddafi to the Court. The Appeals Chamber’s decision is plainly correct. The ICC would return Saif to Libya if Libya prevailed in its appeal of the Pre-Trial Chamber’s decision. But there is no chance whatsoever that Libya would transfer Saif to the ICC if Libya lost its appeal. So surrendering Saif to the Court would not create an “irreversible situation” with regard to the domestic prosecution. And as the Appeals Chamber notes, Libya would remain...
04 Aug Complementarity, Catalysts, Compliance Symposium: Measuring the ICC’s Success Using Complementarity
...added complementarity to the list of topics that cluster three on preliminary examinations, investigations and prosecutions intends to look at. Their only caveat, “to the extent that it is relevant to preliminary examinations, prosecutorial and completion strategies”. Christian goes beyond this prescription and presents complementarity in all its facets. He addresses the truths, myths, strengths, weaknesses that surround the concept, and by so doing, shows us that complementarity is always relevant to preliminary examinations, prosecutorial and completion strategies. He looks at the tradeoffs that both states and the International Criminal...17 Apr A Deal to Try Saif in Libya?
Libya’s willingness to prosecute Saif for the same crimes against humanity, murder and persecution, based on the same conduct for which the arrest warrant was issued? Or would the ICC be willing to allow Libya to prosecute Saif for “ordinary” crimes (i.e., not international) based on the same or different conduct as long as the charges were adequately serious? (An approach to complementarity that I have defended here.) How, exactly, would the ICC “supervise” the trial? Are we simply talking some sort of positive complementarity, whereby the Court would provide...21 Jun Terrible Reporting on Melinda Taylor’s Detention
...the ICC. Saif has not yet appointed a defence counsel, and not until he has done so will that individual be at liberty to freely exchange correspondence with him. Where to begin? Perhaps by noting that Grant can’t keep his facts straight: in the first paragraph, he says (correctly) that Taylor has been appointed to represent Saif at the ICC, while in the third paragraph he says (incorrectly) that Taylor is not Saif’s appointed lawyer. Both claims can’t be true. Grant might also have mentioned that “Saif has not yet...17 Jun The Appeals Chamber Says Goodbye to Moreno-Ocampo…
Senussi and Saif to plan the operation.” […] “Saif’s name first appeared because he was involved in the recruitment of soldiers from outside, particularly from Chad, because they distrusted the Libyan army.” […] “Saif was personally hiring people, he was financing the operations. . . . and then al-Senussi went to Benghazi, and Senussi was in charge of the killing and the shooting.” […] “Of course he cannot call Senussi to stop […] He was in the planning with al- Senussi.” Moreno-Ocampo believes the logistics were in place well before...
12 Dec Article 18 and the Iraq Declination
in the Afghanistan judgment (para. 42), the right of any affected state to require the OTP to defend its complementarity assessment by invoking Art. 18 obviates the need for the PTC to review complementarity when it considers an authorization request. Otherwise it would have to review complementarity twice. It makes more sense for the PTC to wait until a state invokes Art. 18, at which point — pursuant to Rule 55 of the Rules of Procedure and Evidence — the judges will have the benefit of written submissions on complementarity...14 Mar Complementarity and a Potential Settlements Case: A Response to the OTP’s Report on its Preliminary Examination of the Situation in Palestine
...OTP’s findings should be revisited. This contribution argues the OTP should pay a qualified deference to decisions of Israel’s Supreme Court sitting as the High Court of Justice (“HCJ”) when conducting complementarity analysis with respect to a potential settlements case. We argue that this position is consistent with a textual interpretation of the Rome Statute, the Court’s jurisprudence to date, and sound policy reasons too. Complementarity and the Rome system of justice The Rome Statute contemplates a system of justice which is essentially based on two pillars. The first is...12 Jan New Article on SSRN: “Radical Complementarity” (Updated)
...humanity of murder, rape, other inhumane acts, and persecution, the Ivorian court convicted her for the ordinary domestic crimes of disturbing the peace, organising armed gangs, and undermining state security. This Article argues that the Appeals Chamber’s decision in Simone Gbagbo undermines the principle of complementarity – and that, in general, the ICC has used complementarity to impose structural limits on national proceedings that are inconsistent with the Rome Statute and counterproductive in practice. The Article thus defends ‘radical complementarity’: the idea that as long as a state is making...
23 Dec Crimes against the Rohingya: ICC Jurisdiction, Universal Jurisdiction in Argentina, and the Principle of Complementarity
...prosecutions in the Rome Statute may lead to an increase in the exercise of universal jurisdiction by states” (p. 587). In brief, she considered that the principle of complementarity in the ICC system could be operationalized by policy decisions and actions aimed at encouraging the exercise of national jurisdiction, including universal jurisdiction. With regard to states with links with crimes, complementarity can translate in direct support on the part of the ICC to local institutions and judiciaries. The effect of complementarity with regard to universal jurisdiction is, however, different. ICC...
21 Mar The Turkey Tribunal’s Long Shot: Stretching Territorial Jurisdiction and Disregarding Positive Complementarity Options (Part II)
Considering Alternative Paths Towards More Accountability Many experts put the ICC at the centre of the positive complementarity system, as is evidence in a 2003 expert paper. Of course, there is something self-evident about this position as there would not even be a notion of complementarity without the ICC. Even so, it seems that the OTP is sometimes failing in its role as complementarity playmaker. The ICC has received around 15000 communications since its inception. Of those 15000 communications, only 700 were found to not be manifestly ill-founded. It has...