Search: Complementarity SAIF GADDAFI
14 Jan Remedies in International Law: A Case of Inspiration
...the case forward in the name of their national. However, as the ILC’s 2006 commentaries Arts. 14 and 15 provide, the exhaustion of local remedies, and as such, individuals must go through national processes first, unless an exception applies (ie, domestic remedies are ineffective, inadequate, unavailable). Similar to the principle of complementarity in international criminal law, exhaustion of local remedies is meant to give deference to the place where the dispute arises, on the basis that it is often most efficient to resolve disputes where they occur, and this is...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...
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...
22 Apr ICC Sanctions Symposium: Between the Institutional and the Intellectual: The ICC-US ‘Sanctions’ Communications and the Irony of Critique
[Rashmi Dharia is a doctoral candidate at Sciences Po Law School, Paris.] As of 2nd April 2021, the Biden administration rescinded the sanctions that had been imposed by Executive Order 13928 of 11th June 2020 and its follow-up on 2nd September 2020 on ICC Prosecutor Fatou Bensouda and the Head of the Jurisdiction, Complementarity and Co-operation Division Mr Phakiso Mochochoko. The US-ICC relationship looks all set to ‘go back’ from manifest and active hostility to garden variety tropes of ‘constructive engagement’ – a story that, despite its baggage, can be...
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...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...