Search: Complementarity SAIF GADDAFI
05 Jul Can the ICC Prosecute Those Responsible for Darfur?
which can be read here. Kevin Heller Tobias' comment raises an interesting question: does Article 17's complementarity regime apply to Security Council referrals? The authors of the ICC-commissioned Informal Expert Paper on complementarity unanimously concluded that it does -- but divided over the related question of whether the Security Council has the power to order member States not to assert their primary jurisdiction over a case or set of cases. The relevant paragraphs are as follows:68. Complementarity regime applies: As a matter of principle, the complementarity regime applies even in...19 Nov At Long Last: The International Criminal Court Strikes in the Central African Republic
...the ICC Prosecutor had to act quickly – it is very likely she already had evidence against Yekatom, but his transfer to the ICC appears to have been triggered by his unrelated arrest in CAR. Complementarity and the Special Criminal Court The timing, circumstances and wider context of Yekatom’s arrest inevitably raise questions about complementarity. Why is the ICC – instead of focusing on national jurisdictions that are ‘unable or unwilling’ to prosecute – wasting precious time and resources, yet again, on cases that could be prosecuted domestically (think Lubanga,...09 May A Thought Experiment About Complementarity and the Jordan Appeal Decision
...President to the ICC. Instead, exercising its right under Art. 17 of the Rome Statute, it prosecutes him for genocide itself. I see nothing in the Jordan appeal decision that rules out S3. If the ICC arrest warrant entitled Beta to arrest and surrender the President of Alpha to the ICC despite his HoS immunity, surely it entitled Beta to arrest the President and prosecute him itself. The principle of complementarity is a foundational part of the ICC’s jurisdictional regime. Beta has thus managed to evade HoS immunity simply by...27 Feb Can the Security Council Define the Limits of a “Situation”?
conclusion that it certainly is not "ultra vires", as you put it in an earlier comment. Milan Dov, To follow your argument to its logical conclusion, the Security Council could refer the situation in Libya except for any and all crimes committed by individuals other than Gaddafi personally and this would constitute a referral of a "situation" and would vest the Court with jurisdiction over Gaddafi. I think there is certainly a colorable argument that this cannot be. The challenge is based on the express language of Article 13(b). The...18 Jan Another Round on IHL and IHRL
...a rule exclusion view of lex specialis doctrine when it adds a human rights caveat (arrest if possible) to an IHL rule (“combatants” may be targeted). But I’m not sure what this adds to (or detracts from) our general discussion about complementarity between IHL and IHRL. But there is nothing about adding an extra layer of protection against targeting as a matter of domestic law or policy that undermines the theory of IHL/IHRL complementarity. When the US accorded PoW status to detainees who did not meet the criteria outlined for...30 Jul Libya Thumbs Its Nose at the ICC — Again…
As I recently noted, the Appeals Chamber has rejected Libya’s request to suspend its obligation to surrender Saif Gaddafi to the ICC pending resolution of its admissibility appeal. Libya, of course, has no intention of complying with that obligation. Indeed, it admitted as much today: According to Libya’s Justice Minister Salah al-Marghani, Seif, who is being detained in the Libyan city of Zintan by order of the General attorney, will soon be transferred to Tripoli to stand trial. But the ICC wants to try him, and Gaddafi’s brother-in-law and former...15 Jun The PTC’s Erroneous Decision Regarding the Surrender of Al-Senussi
...months in detention without access to a lawyer — and that the PTC’s decision means that, if its dilatory approach to the Saif admissibility challenge is any indication, he will spend another ten months or so in the same situation. Even worse, the PTC seriously misrepresented the defence’s argument concerning the length of time Libya waited to file its admissibility challenge. The PTC says, as the bolded text in para. 30 indicates, that the defence claimed Libya waited seven months. But that is not what the defence argued. Here is...07 Jun OTP Responds to Libya’s Admissibility Challenge
The Office of the Prosecutor has filed its response to Libya’s challenge to the admissibility of the cases against Saif Gaddafi and Abdullah al-Senussi. There are a number of interesting aspects to the response. First, it says nothing about the case of al-Senussi. That’s a curious omission, given that the response specifically points out with regard to Saif (para. 41) that he remains in the custody of the Zintan rebels, making it possible that Libya is “unable” to prosecute him. If there is an open question about Libya’s ability to...05 Sep Is There a Regime China Won’t Support?
have gone through had the UN not intervened. It may be "extra" wrong for China, Algeria and SA to have considered arming Gaddafi more recently but it was always wrong to get so cozy with Gaddafi that states provided him with arms and apparently help with rendition and torture. M. Gross I doubt the sticker price was what they cared about. More likely, they planned to parley their clutch help of Gaddafi into resource extraction contracts once he was victorious and the various NATO-aligned companies such as ENI were expelled....23 Aug Does the New Libya Have to Surrender Gaddafi to the ICC?
Let’s assume that the Libyan rebels do prevail and that they end up capturing Libyan dictator Muammar Gaddafi. Does the new Libyan government have a legal obligation to turn him over to the ICC, even if they seek to try him in Libyan courts? Libya is not a member of the ICC Rome Statute, so its only obligation flows from the U.N. Security Council’s Resolution (UNSC 1970) referring Libya’s case to the ICC. The relevant paragraph makes clear that Libya must cooperate with the ICC prosecutor. 5. Decides that the...