Search: Complementarity SAIF GADDAFI
24 Jan A Response to Kevin Jon Heller by Carsten Stahn
[Carsten Stahn responds to Kevin Jon Heller, A Sentence-Based Theory of Complementarity. This post is part of the Third Harvard International Law Journal/Opinio Juris Symposium. Carsten Stahn is Professor of International Criminal Law and Global Justice at Leiden University and Programme Director of the Grotius Centre for International Legal Studies. He is inter alia editor of ‘The International Criminal Court and Complementarity: From Theory to Practice’, Cambridge University Press, 2011. ] One Step Forward, Two Steps Back? – Second thoughts on a ‘sentence-based’ theory of complementarity I am delighted to...
10 Dec The Nine Words that (Wrongly) Doomed the Iraq Investigation
...to the admissibility of a specific case. When a defendant challenges admissibility on complementarity grounds, it does indeed make sense to hold the OTP to a “high threshold” for finding unwillingness — a low threshold would make it too easy for the OTP to retain control over the case, thereby undermining the entire point of complementarity. But no such concern is present when the OTP is unilaterally considering whether a state is generally willing to investigate criminal allegations. Indeed, at the situational level, there are many reasons why a low...
17 Apr ICC Prosecutor Symposium: “Mind the Gap”–Insights from Asia
...to the types of crimes delineated in the Rome Statute. Which brings one to the broader purpose of the Rome Statute – to establish a court, yes, but also surely to widen the prohibition of the crimes as described in the statute. So while the ICC is focused on ‘positive complementarity’, the wider context – the ability to prosecute international crimes in more national jurisdictions – is one that should make the ICC Prosecutor’s job more focused. Also, while positive complementarity is usually vis-à-vis state parties (or referrals), it is...
18 Aug States of Justice Symposium: Another Reason Why Regionalism Matters in International Criminal Justice
...Phil Clark’s book. Proactive complementarity means that international (regional) courts would directly interact with national courts to encourage them to prosecute international crimes and strengthen their capacity to do so if needed. Proactive complementarity can help circumvent or mitigate the effects of international criminal prosecutions’ shortcomings and challenges. For instance, I have made the case for extending the jurisdiction of the East African Court of Justice over international crimes elsewhere and explained various ways in which the court would deploy proactive complementarity features to the benefit of national justice systems...25 Jun More Information About Taylor’s Detention
...of Libya’s most powerful armies and the tranquillity of the town contrasts with the sporadic gun battles that still rock the capital. Taylor’s previous visit to the town to see Saif, in March, was at first blocked by Zintan’s militia, who said they had not been paid their salaries, international criminal court documents record. In April, Zintan went back on an agreement with the government to hand Saif over to Tripoli, where a specially modified prison has been built for him in the suburb of Tajoura. The report also provides...04 May Article 98 Agreements — Japan and Montenegro
...I would suggest that SC Res. 1593 (sending Sudan to the ICC) probably suggests that the ICC position will prevail, but we're not quite there yet. Rush Atkinson (cont.) I think that this was the major objection to the US. Complementarity was never really an issue, from what David Scheffer has accounted (see his 1999 AJIL article and his 2005 JICJ article). As we've seen from Mr. O'Campo's statement about complementarity in regards to the UK and the Iraq campaign, the Court's been very liberal in its understanding of complementarity....07 Jun Libya’s Chutzpah
know that Saif’s defence team at Doughty Street Chambers (full disclosure: I’m now an academic member there) consistently argued that the violence in Libya prevented it from effectively trying Saif. Libya just as consistently rejected that argument, insisting that the violence had no effect whatsoever on its ability to conduct judicial proceedings. To recap Libya’s position, then: the violence in the country doesn’t prevent the government from prosecuting Saif. But it does prevent it from filing a legal brief withe the ICC. As I said, I had a nice chuckle....02 Jul A Thought Experiment About ICC-State Cooperation
ability of a defence attorney to do her work because Libya cannot control the rebels who were actually holding her -- and who continue to hold Saif? If that's the case, the OTP should be constantly and loudly insisting that the ICC must prosecute Saif itself. But of course it's not -- in each and every motion it supports Libya's right to prosecute Saif domestically. anvil vapre I am with KJH on this one. It is for the same reason that states are reluctant to negotiate with terrorists/hostage takers. Ever...03 Mar A Small (But Important!) Win for the OPCD
The win in question concerns the privileged documents the Libyan government seized from Melinda Taylor and her OPCD colleagues while they were meeting with Saif Gaddafi in Libya. In late January, the OPCD asked the Pre-Trial Chamber to order Libya to return the documents and destroy any copies it had made of them. Here is what it argued, as summarized by the Pre-Trial Chamber: 16. With regard to the privileged documents seized by the Libyan authorities, the Defence submits that it never waived their privileged nature, that their seizing has...02 Sep So What Did You Do On Your Summer Vacation (Besides Overthrowing Gaddafi)?
Well, at least one student at UCLA will have story to beat all others. AN NAWFALIYAH, LIBYA // At the centre of a circle of cheering rebel soldiers near Colonel Muammar Qaddafi’s hometown this week stood an improbable figure who gives new meaning to the term “road trip”. Chris Jeon, a 21-year-old university student from Los Angeles, California,shrugging cooly, declared: “It is the end of my summer vacation, so I thought it would be cool to join the rebels. This is one of the only real revolutions” in...