Search: Complementarity SAIF GADDAFI
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...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....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...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....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...
11 Sep Libya and International Justice Symposium: Justice, Delayed
...list abusive warlords and officials have failed because powerful backers within the Security Council have blocked such designations. The UN Human Rights Council shut down its Commission of Inquiry on Libya in 2012 leaving inadequate public reporting on crimes committed by all sides in Libya. Nor has Libya seen justice for crimes committed under Gaddafi’s rule. Although media reports that a Tripoli criminal court is investigating the June 1996 Abu Salim prison massacre in which 1,200 prisoners were killed, no one has yet been held responsible. Many who opposed Gaddafi...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...27 Feb Security Council Refers the Situation in Libya to the ICC
...(South Africa’s vote is particularly interesting, given that it has supported deferring the ICC’s investigation in Kenya, much to the consternation of Max du Plessis and Christopher Gevers). More importantly, though, the referral seems a wholly appropriate response to the unconscionable violence perpetrated by Gaddafi and his henchmen against Libya’s civilian population. (In case anyone’s wondering, bombing civilians is indeed a crime against humanity.) I’d like nothing more than to see Gaddafi end up in the dock at the ICC. UPDATE: The full text of the resolution is available here....
18 Aug States of Justice Symposium: Politicised Referrals are Still Referrals Nonetheless
...to the referral. This account provides context for the self-referral and lays bare the political and security motives for the referrals. The four themes of the book, namely: the strategic use of self-referrals to the ICC; complementarity between national and international justice systems; the limits of state cooperation; and the use of international courts in domestic political conflicts, are not only educational and informative beyond the ordinary reading of subjects such as complementarity and the role of domestic courts, but are also thoroughly canvassed by Prof. Ba. Further, the selection...