Search: Complementarity SAIF GADDAFI
21 Nov Complementarity in Uganda
The Institute for War & Peace Reporting has an interesting report today on the Ugandan government’s efforts to prosecute Kony and other LRA members in a special domestic court. According to the IWPR’s report, the problem is not the lack of political will, but the potential retroactivity of the legislation necessary to make the Rome Statute’s core crimes — war crimes, crimes against humanity, and genocide — punishable under domestic Ugandan law: ICC judges will examine the cases against the rebel Lord’s Resistance Army, LRA, suspects to determine...12 Nov A Response to Dov Jacobs on the Burundi Investigation
...to consider issues of complementarity in order to authorize a proprio motu investigation in the first place, because it has to find the OTP’s contemplated cases admissible in order to conclude that there is a “reasonable basis to proceed with [the[ investigation.” Dov’s position thus requires the PTC to consider complementarity twice in Burundi-like situations: once when the OTP asks it to authorize a proprio motu investigation ex parte (under Art. 15), and again when the affected state asks it to defer the investigation (under Art. 18). When deciding to...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...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...