Search: Complementarity SAIF GADDAFI
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...04 Nov Complementarity in Crisis: Uganda, Alternative Justice, and the International Criminal Court
[Alexander K.A. Greenawalt is an Associate Professor at Pace University School of Law] Let me start by thanking Opinio Juris and the Virginia Journal of International Law for hosting this online symposium. I am also honored that Mark Drumbl has graciously agreed to be my respondent. In 2005, the International Criminal Court issued warrants for the arrest of Joseph Kony, the leader of Uganda’s murderous Lord’s Resistance Army, as well as four other high-level LRA suspects (two of whom reportedly have since died) to answer charges of crimes...09 Feb Testing Complementarity: Sudan’s Local War Crimes Courts
This on-the-ground report from Sudan provides a brief but interesting glimpse at Sudan’s effort to avoid transferring defendants to the International Criminal Court. Sudan has created special tribunals to try individuals of suspected war crimes. If its domestic processes are deemed sufficient by the ICC, then the ICC cannot exercise jurisdiction over alleged war crimes in Sudan. This has always been one of the fundamental principles of the ICC, but the very fuzziness of the concept has also been the source of criticism from ICC opponents. Here is...
15 Nov Ten Recommendations to Prosecutor Karim Khan to Improve his Relationship with Civil Society during Preliminary Examinations: Perspectives from the Situation Countries
...working prosecutorial theories, this is one way to ensure that civil society groups focus their limited resources on the most valuable activities. Recommendation 7: The OTP should publish periodic updates on its complementarity assessment and invite the input of civil society with knowledge of the national legal system and domestic proceedings. Rationale: Many groups highlighted the perceived inconsistencies in how the OTP carries out its activities during the complementarity assessment. For example, the number and regularity of trips taken to countries or the analysis of matters related to complementarity appear...22 Jan Guest Post: The Palestinian Accession to the Rome Statute and the Question of the Settlements
...the ICC has jurisdiction over three types of crimes – war crimes, crimes against humanity, and genocide. It could be argued that with regard to most crime allegations Israel will have the option of raising the complementarity argument in accordance with article (article 17(1)(a) of the Rome Statute). Israel will most likely base her complementarity argument on the outcomes of the 2nd Turkel Report and the ongoing investigation process. However, even if the Israeli complementarity claim stands, there’s still one issue which complementarity won’t resolve, and that’s the settlements. Where’s...04 Nov A Response to Sasha Greenawalt by Mark A. Drumbl
voyage of discovery. Sasha is skeptical of the value of ex ante guidelines to clarify how complementarity might inform the admissibility of cases. He argues that guidelines are not useful. He needs to make a stronger case here. I have argued elsewhere, in a point that Sasha discusses, that a light touch to complementarity (as articulated through a qualified deference standard), would better serve overall justice interests. In any event, developing guidelines, even simply to frame a conversation, would promote transparency, dialogue, and some predictability. Each of these elements is...
08 Jul The Sum of Four Fears: African States and the International Criminal Court in Retrospect–Part II
...raised by African States at Rome in 1998, and the manner in which those concerns have come to be realized. Concern 3: The Trojan ‘workhorse’ of complementarity The fear of an overzealous, sovereignty-usurping international court underpinned Africa states’ insistence in 1998 that the ICC ‘should be an effective complement to national criminal justice systems’, and as a result there were significant safeguards included in the Rome Statute to mitigate this concern, including the ICC’sorganizing principle of ‘complementarity’. Therefore, perhaps most concerning for African states is McAuliffe’s suggestion that, through the...