Search: Complementarity SAIF GADDAFI
13 Jul Events and Announcements: 12 July 2020
...the UN Office of Legal Affairs recently added the following audio lectures to the AVL’s podcast: Professor Concepción Escobar Hernández on “El Tribunal Internacional del Derecho del Mar” (in Spanish) and Professor Sarah Nouwen on “Complementarity” (in English). The Audiovisual Library of International Law is available as a podcast on SoundCloud and can also be accessed through the preinstalled applications in Apple or Google devices, or through the podcast application of your preference by searching “Audiovisual Library of International Law”. If you would like to post an announcement on Opinio...02 Oct Events and Announcements: 2 October 2022
...III: Complementarity: Universal Aspirations Versus Tangible Results · Panel IV: Justice is Interconnected and Does not End with a Sentencing: Reflecting on the Experiences of Victims, Witnesses and the Accused Before the ICC · Panel V: Whose Outreach and to Whom? · Panel VI: The ICC in the Next Five, Ten and 15 Years The leading questions at the heart of this conference are: “What have been the achievements of the ICC, especially in terms of its own goal setting and wider universal aspirations and what...
16 Mar SCSL Symposium: Did the Special Court for Sierra Leone Work?
...national capacity, particularly for our law enforcement and legal professionals, to investigate and, where appropriate, prosecute those alleged to have committed crimes under international law; and it has contributed to restoring confidence in the institutions of State and the rule of law. Capacity building is of critical importance for the principle of complementarity: at the time the Special Court was established, Sierra Leone was willing but unable to address those crimes. We were fortunate to have the support of the international community in establishing the Court to assist us to...
25 Jul All Roads Lead to Rome: Strengthening Domestic Prosecutions of Businesses through the Inclusion of Corporate Liability in the Rome Statute
...Several reasons were offered for this non-inclusion. Most notably, it was argued that the proposal to include corporations in the Rome Statute would detract from the focus of the Statute on individual criminal responsibility and that the absence of a recognised standard of corporate responsibility across all states would make the principle of complementarity, the cornerstone of the Rome Statute, unworkable. Twenty years later, is this still the case? The answer offered by this article is two-fold. From a descriptive point of view, it points to signs of a growing...06 Apr The Advantage for Palestine of a Slow Preliminary Examination
...authorise a formal investigation. Art. 18, which in certain circumstances requires the OTP to defer to state investigations of specific suspects, also does not apply until the OTP has decided to formally investigate (whether proprio motu or on the basis of a state referral). And Art. 19, the basic complementarity provision, does not permit a state to challenge admissibility until there is a specific case pending and does not permit a suspect to challenge admissibility (which includes jurisdiction) until a warrant for his arrest or a summons for his appearance...
10 Mar The Significance of the ICC Appeals Chamber’s Ruling in the Afghanistan Situation
...for the investigation and must try to shield the Court as best as possible from whatever political machinations may be attempted to derail its work. Any country that does not want to see its nationals prosecuted in The Hague but is committed to the rule of law has a simple solution: to investigate and/or prosecute the cases itself (i.e., conduct complementarity), thereby rendering the cases inadmissible before the ICC. The Appeals Chamber suggested that Afghanistan (whose forces are alleged to be implicated in torture) may want to avail itself of...17 Nov McAuliffe on the ICC and “Creeping Cosmopolitanism”
As I was researching a new essay on complementarity, I stumbled across a fantastic article in the Chinese Journal of International Law by Paidrag McAuliffe, a Senior Lecturer at the University of Liverpool School of Law. Here is the abstract of the article, which is entitled “From Watchdog to Workhorse: Explaining the Emergence of the ICC’s Burden-sharing Policy as an Example of Creeping Cosmopolitanism”: Though it was initially presumed that the primary role of the International Criminal Court (ICC) would be a residual one of monitoring and ensuring the fulfilment...14 Mar Bradley Book Symposium: Ingrid Wuerth comments on International Law and War Powers
...power struggles or gaps that have generated state practice that tends to limit immunity, but also that suggests that there may be a complementarity requirement for universal jurisdiction. In a forthcoming article I argue that the intersection between domestic and international law in these areas generates narrow decisions that mediate the competing normative frameworks of accountability on the one hand and sovereign equality on the other. Professor Bradley’s book is a great help for newcomers to the field, but it also provides a balanced overview of the areas it surveys,...10 Jan Guest Post: When Should the ICC Call It Quits?
...strategic recommendation has ever been provided to my Office, and neither have there been any discussions resulting in concrete solutions to the problems we face in the Darfur situation.” It seems reasonable to assume that her reference to “the problems we face” includes not only the lack of arrest warrant enforcement, but also the lack of cooperation and denial of access that has plagued the Court’s Darfur investigation. As Sarah Nouwen details in her excellent book on the ICC and complementarity, the Sudanese government has refused all communications with the...