Search: Complementarity SAIF GADDAFI
07 Nov Mapping Asian States’ Position on Crimes Against Humanity Convention Through AALCO Records
...ILC’s work as duplicative and redundant as crimes against humanity is already within the mandate of the ICC. Malaysia based its argument on the understanding that the member States of the Rome Statute have an obligation to domesticate the crimes in their jurisdictions in furtherance of the complementarity principle. Further, the replication of the definition of CAH from the Rome Statute to the Draft Articles was flagged as problematic. (pp. 43 – 44, 129, 2016 Verbatim Record) China questioned the relevance and need for a specialised convention and called out...01 Dec The OTP’s Remarkable Slow-Walking of the Afghanistan Examination
...of the Court”; (3) admissibility, which focuses on gravity and complementarity; and (4) interests of justice, whether the OTP should decline to proceed despite jurisdiction and admissibility. The OTP opened its investigation into the situation in Afghanistan in January 2007. Yet only now — nearly seven years later — has the OTP concluded that there is a reasonable basis to believe that crimes were committed there. And what are those crimes? Here is a snippet from the report: 23. Killings: According to the United Nations Assistance Mission in Afghanistan (“UNAMA”),...14 Jan Fifty-Seven Countries Call for Referral of the Syria Situation to the ICC: analysis of the merits of the referral and concerns as to its implementation
...to consist of an entirely new regime, national trials could become vengeful affairs— overzealous prosecutions lacking due process—such as Saddam Hussein’s trial before the Iraqi High Tribunal. If there actually were to be future credible national trials, the referral would have done no harm (it would not supplant good faith national investigations and prosecutions under the “complementarity” provisions of Rome Statute article 17), and in fact could provide incentive for holding national trials. As in all referrals, the referral would be of the “situation” in Syria , so would not...10 Nov How the PTC Botched the Ex Parte Request to Investigate Burundi
...persons unless the Pre-Trial Chamber, on the application of the Prosecutor, decides to authorize the investigation. Notice the logical and temporal structure of Art. 18(2). The provision is triggered whenever a notified state asks the OTP to defer its investigation on complementarity grounds. When the OTP receives such a request, the default position is that the OTP “shall defer” to the state’s request. The only way the OTP can avoid deferring is to ask the PTC to authorize the investigation. If the PTC grants the OTP’s request, the investigation can...22 Oct Will the Mbeki Report Implicitly Endorse the ICC? (Updated)
...less able to divest the ICC of jurisdiction over Bashir and the others pursuant to the principle of complementarity: Last year the Sudanese government appointed a special prosecutor Nimr Ibrahim Mohamed to look in the Darfur abuses committed since 2003 and promised to bring Ali Kushayb, an alleged Janjaweed militia leader wanted by the ICC, before court. However, to date Kushayb has not been prosecuted and an attempt by the special prosecutor to probe the governor of South Kordofan Ahmed Haroun, also wanted by the ICC, was blocked by the...06 Nov Piecing the Withdrawal Puzzle: May the ICC still open an investigation in Burundi? (Part 2)
...Statute. These include duties vis-à-vis States Parties which, if it had not withdrawn, would have otherwise arisen for the State in question on account of the Court’s exercise of its complementary jurisdiction in respect of the crimes over which that State would normally exercise jurisdiction. The ‘legal situation’ in connection with the Court’s exercise of jurisdiction encompasses, among others, the State Party’s duties to submit oneself to the ICC’s scrutiny as part of the complementarity analysis and to its admissibility determinations, as well as the duty to accept any prospective...
20 Aug States of Justice Symposium: International Justice as Political Strategy
...African states as victims of a rigged international system. As an IR scholar, I appreciate that the book departs from the premise that international justice is ‘inherently and inextricably political’. By taking power seriously, Ba makes a significant contribution to our understanding of the motivations of states in their interactions with the ICC. He advances the well-rehearsed theoretical arguments on topics including complementarity, heads-of-state immunity and state compliance with international law by using empirical evidence from a plethora of case studies to test how the theory works in practice. Reading...23 Jul AJIL Symposium: Sadat response to Robinson and van Sliedregt
...that need to be adjudicated internationally at the ICC (or elsewhere). Indeed, one of the most interesting developments in international criminal law has been the elaboration of a fairly clear framework for the elaboration of a set of jurisdictional principles – complementarity, gravity, the widespread or systematic nature of the harm, the victim or the harm caused some specific damage to an international interest (i.e., attacks on UN peacekeepers), the shocking nature of the harm, etc. – to sift cases properly before international criminal courts from those properly tried elsewhere....
29 Oct Trafficking in Persons – the Forgotten International Crime? – Part 1
...example by the US State Department, Human Rights Watch, and the U.N. Panel of Experts on Libya. It remains to be seen if these investigative efforts will lead to concrete charges in the form of an arrest warrant. Yet, trafficking in persons may be more readily prosecuted as an international crime domestically, in states that have the legal machinery to do so. One such state is Uganda – a state that has been to the forefront of complementarity initiatives. It has domesticated the Rome Statute and created a specialized International...