Search: Complementarity SAIF GADDAFI
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...
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...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...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 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...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...
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...
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...