Search: Complementarity SAIF GADDAFI
01 Aug The Most Complete Account to Date of Melinda Taylor’s Detention
...Gaddafi due to the fact that Mr. Gaddafi had refused to see any ICC officials. 251. On 19 January 2012, the OPCD requested Dr. Gehani to convey a letter to Mr. Gaddafi, explaining the appointment and mandate of the OPCD, so that Mr. Gaddafi could make an informed decision regarding a potential visit. It is, however, apparent that Dr. Gehani failed to convey this letter to Mr. Gaddafi. 252. On 23 January 2012, the Libyan authorities averred to the Pre-Trial Chamber that Mr. Gaddafi had apparently refused to receive visits...
03 Aug Complementarity, Catalysts, Compliance Symposium: The Spectrum of Ideologies in International Criminal Justice–From Legalism to Policy
(Chapter 3). The ICC Office of the Prosecutor (OTP) has found itself in the awkward position of being caught between these two contrasting visions of complementarity (Chapter 4). While ‘outside of the courtroom’ the OTP has championed the catalyst vision of complementarity, in court the Office of the Prosecutor has adopted the legalistic approach of separating the judicial dimension of complementarity, namely the determination of the admissibility of a given case, from the policy of ‘positive complementarity’, i.e. the proactive promotion of national proceedings through cooperation with the court (p....27 Jun Admissibility Challenge in The Prosecutor v. Saif Al-Islam Gaddafi: Take Two
[Gaiane Nuridzhanian is a PhD candidate at University College London, Faculty of Laws.] Recent reports on release of Saif al-Islam Gaddafi and his plan to run in Libya’s presidential elections have stirred some discussion about the future of the case The Prosecutor v. Saif Al-Islam Gaddafi. A new development in the case came this June. The defence for Gaddafi lodged an admissibility challenge on the basis of Article 17(1)(c) and the ne bis in idem principle enshrined in Article 20(3) of the Rome Statute (RS). The defence submits that Gaddafi...
24 May An Overview of the Principle of Complementarity
principle of complementarity. The letter from the senators reduces complementarity to whether a state is generally willing and able to investigate. But that isn’t the issue. All that matter is whether Israel is willing and able to investigate the specific suspects wanted by the ICC and is actively conducting those investigations when it invokes complementarity. For the same reason, if the PTC rejected an admissibility challenge by Israel, that would in no way call into question “the legitimacy of Israel’s laws, legal system, and democratic form of government.” Those issues...
05 Aug Complementarity, Catalysts, Compliance Symposium: Two Problems of Positive Complementarity in the Context of the DRC
the author’s preference for the so-called positive complementarity. It should be remembered in this regard that the principle of the complementarity of the ICC lends itself to two different logics. The first is negative complementarity. It translates into an antagonistic view of the relationship between the ICC and national courts. Article 17 of the Rome Statute aims to organize this relationship to avoid conflicts of jurisdiction between the ICC and national courts in prosecuting crimes under the Rome Statute. The second logic is that of positive complementarity, the legal basis...