Search: Complementarity SAIF GADDAFI
29 Feb Special JICJ Issue on the Crime of Aggression — And It’s Free!
...The Crime of Aggression and the Resort to Force against Entities in Statu Nascendi , Alexander Wills Judicial Independence at Risk: Critical Issues Raised by Selected Human Rights Organizations regarding the Crime of Aggression, Leonie von Braun and Annelen Micus Par in Parem Imperium Non Habet: The Crime of Aggression and the Complementarity Principle, Beth van Schaack Aggression and Legality: Custom in Kampala, Marko Milanovic What is the Crime of Aggression? Comparing the Jus ad Bellum and the ICC Statute, Mary Ellen O’Connell and Mirakmal Niyazmatov Amending the Amendment Provisions...
20 Jul A Special Issue in the Journal of International Criminal Justice on Sexual Violence in Conflict and Domestic Accountability: Why Now and Why You (and Governments) Should Read It
...stressed the importance of ending impunity “as part of a comprehensive approach to seeking sustainable peace, justice, truth and national reconciliation.” This resolution affirmed the primary responsibility of States to investigate and prosecute crimes occurred in their jurisdictions, reflecting the recently adopted principle of complementarity, underlying the ICC regime. Indeed, this approach represented a shift in expectations: from a period where the implementation of international humanitarian, criminal and human rights law was led by international institutions to a time where national systems of justice are increasingly expected to provide more...
30 Sep Distant Justice Symposium: An Introduction by Phil Clark
...community-based rituals. The book argues that the Court must live up to its own principle of complementarity and show greater deference to African legal and non-legal institutions that – while imperfect (but certainly no more so than the ICC) – are making important strides in addressing serious crimes across the continent. It also shows that the Court’s limited African expertise – believing that a lack of contextual knowledge enhances its neutrality – has left it open to manipulation by African states and other powerful actors. The central concept of ‘distance’...28 May Law of the Sea Symposium: Search and Rescue Operations at Sea – Who is in Charge? Who is Responsible?
...increased human presence lead to the question of the protection of the human element, in particular of the application of human rights at sea. Many scholars have already discussed the application of the relevant human rights treaties at sea, pointing out that the law of the sea, specifically UNCLOS, pursues some community interests, among which the protection of human rights (see a.o. here). Some authors have stressed the complementarity of these two fields of international law (see here). The duty to render assistance can then be considered as the corollary...23 Feb ICC Refuses to Lift LRA Arrest Warrants
...Lord’s Resistance Army, or LRA, rebels in Uganda remain in effect following news Kampala has agreed to set up national courts to handle LRA crimes. “The office of the prosecutor is not a party to the peace process,” the office said in a statement. “The arrest warrants against the LRA commanders were issued by the court and remain in effect.” The ICC’s position is sound, given that Uganda’s national courts cannot possibly satisfy the principle of complementarity. I will explain why in a post in the next couple of days....
20 May Punishing Atrocities Symposium: Fairness and Accountability in International Criminal Law
...The discussion additionally considers how procedural developments at international tribunals can affect domestic trials for atrocities under the ICC’s complementarity framework. The book then introduces two other dimensions of fairness. One is the use of modes of criminal responsibility that are essential to reaching individuals who do not physically perpetrate crimes, but that also can be applied too expansively. The book discusses, for example, how broad use of modes of liability, such as the ICTY’s application of joint criminal enterprise, can collide with principles of personal responsibility. The other dimension...
30 Dec Honoring the Life and Legacy of Megan Fairlie
...Institute in which she inspired students that they, too, could pursue their passion. Her 2017 lecture, to a packed hall, addressed comparative criminal procedure in mass atrocity trials. Megan was a prolific scholar, having authored scores of law review articles and book chapters. Her main research area was international criminal procedure, particularly questions arising during proceedings before the International Criminal Tribunal for the former Yugoslavia and the International Criminal Court (“ICC”). See full CV here. Megan’s scholarship touched many themes – complementarity, procedure, and judging. One thread that pervaded her...14 Oct Guest Post: Do All Roads Lead to Rome? Why Ukraine Resorts to Declarations Rather than Ratification of the Rome Statute
...regarding the repercussions of the ad hoc declarations in particular and ratification as a whole. For example, concerns over the new declaration being in breach of Article 5 of the Minsk II agreement which provides pardon and amnesty to those involved in the conflict in the Donbass region. However, under international law such amnesty has consistently been interpreted as excluding international crimes and gross human rights violations. Therefore, if Ukrainian courts are unable or unwilling to investigate and prosecute such crimes, the ICC’s complementarity principle can be activated, as it...10 Dec Events and Announcements: 10 December 2023
...contributions based on an abstract (max 500 words) that should be sent by 20 December 2023. Abstracts should be submitted with a short bio to lisa.heschl@uni-graz.at. The deadline for submitting the manuscript is end of March 2024. For further information or questions, please email lisa.heschl@uni-graz.at. The ICC as a Justice Hub, Pragmatic Complementarity and Domestic ICL Enforcement: Tilburg Law School, Department of Criminal Law, organizes an international conference on domestic prosecution of international crimes in light of the ICC’s shift from “Apex court to Justice Hub”.The conference will be held...
21 Jun Unwilling or Unable? The International Community’s Failure to Hold Israel Accountable for the Ongoing Apartheid in Occupied Palestine
...in the title of this piece. Indeed, it concerns the ICC complementarity principle which entails that states have priority in proceeding with cases within their jurisdiction, and a case is only admissible if a state is unwilling or unable to investigate crimes within the jurisdiction of the Court. By analogy, if the international community as a whole is unable (due to the US veto) or unwilling (considering the blatant double-standard positions of Western States) to hold Israel to account for its ongoing CAH, where can the Palestinians recourse to seek...