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Search: Complementarity SAIF GADDAFI

02 Oct

...of complementarity also omits the efforts made by the two Prosecutors to support national systems. The Prosecutor supported actively the establishment of the Ugandan ICD, including a dialogue on best practices, sharing of information and evidence and training of staff. The Head of the ICD, the late Joan Kagezi, expressed clearly her appreciation for all the support and encouragement that they had received from the OTP. This and other examples of OTP support for national systems are well-known, including from the Report of the Court on Complementarity published in 2011,...
02.10.19 | |

04 Jun

...the world”. The protection of the peace, security and well-being of the world can result in taking into account any perpetrator of international crime, and more particularly, multinationals corporations. Therefore, if States wish to devote their commitments to the true protection of peace, they must find ways to include multinational corporations in the Rome Statute. This can be achieved by integrating the new vision of complementarity that has emerged at the Kampala Conference which is reflected in the concept of positive complementarity. The traditional approach of negative complementarity supposes a...
04.06.20 | |

15 Jun

It will not come as a surprise to regular readers that I am appalled by Libya’s detention of Melinda Taylor, a lawyer with the ICC’s Office of Public Counsel for the Defence, and her translator. There is no evidence that Taylor has done anything wrong; indeed, as Mark Kersten notes, it seems eminently possible that her detention is simply a way to blackmail her into revealing the whereabouts of one of Saif’s henchmen. Moreover, no one who knows Taylor — as I do a little — could ever believe that...
15.06.12 | |

21 Jun

According to The Guardian, Libya is now interrogating Taylor and intends to prosecute her for violations of “national security” (read: doing her job and defending Saif) even if the ICC apologizes: Tripoli said on Wednesday night that Taylor, one of four ICC officers who were on an official visit to Libya, had tried to deliver documents to Saif that were not part of her work for the court. “An interrogation of them is under way,” said the Libyan government spokesman Nassar el-Manee. “There is evidence that proves they have breached...
21.06.12 | |

13 Nov

...war and say they would rather the charges go away than the war grind on.” In light of the complementarity doctrine, how is it that the rebel leaders will surrender if the charges are dropped, the Ugandan government wants the charges dropped if it will bring peace, the Ugandan people desperately want the war to end, and still there is no peace? It would seem that the ICC is acting prematurely and without sufficient regard to the complementarity doctrine if the ICC arrest warrants pose the major impediment to peace....
13.11.06 | |

11 Aug

It may be summer break in the US, but in Australia the academic year is in full swing with Kevin keeping the spotlight on Libya. First, he linked to his new essay on SSRN, entitled “The International Commission of Inquiry on Libya: A Critical Analysis.” Kevin also posted Saif Gaddafi’s unsigned statement about the fairness of his trial in Libya, discussed the OPCD’s response to Libya’s admissibility challenge and particularly the argument that Libya is unable to obtain custody of Saif. Kevin also questioned Libya’s integrity in its motion requesting...
11.08.12 | |

07 Jul

This week on Opinio Juris, we had Kevin Jon Heller weighing in on Melinda Taylor’s release in Libya and offering thoughts related to whether she should be prosecuted there. Additionally, Kevin Jon proposed a thought experiment regarding ICC-State cooperation in response to the Melinda Taylor situation and gave an analysis offering more evidence as to why Libya is unable to prosecute Saif al-Islam Gaddafi with regard to its admissability challenge to the ICC, which he urged the Pre-Trial Chamber to reject until Libya could demonstrate control over Saif. Finally, Heller...
07.07.12 | |

15 Mar

A couple of weeks ago, I noted that the Pre-Trial Chamber had ordered Libya to return the documents it wrongfully seized from Melinda Taylor during her privileged meeting with Saif Gaddafi. I also predicted that Libya would try to avoid complying with the order by filing various motions challenging the Pre-Trial Chamber’s decision. Guess what? Libya has filed two motions in response, one asking for leave to appeal and the other asking the Pre-Trial Chamber to reconsider its decision. The arguments are the same in both motions, and the reconsideration...
15.03.13 | |

28 Apr

Kevin Jon Heller kicked us off this week with posts about the ICC’s report regarding Gaddafi’s situation in Libya and the infighting at the ICC between the Prosecutor and Libyan authorities. He also added a post about the OPCD report outlining Saif Gaddafi’s attitude about the ICC. Peter Spiro previewed the Arizona SB-1070 immigration case before the Supreme Court, discussing why the court should have ducked and also expanded upon his NY Times op-ed before giving a recap of Wednesday’s oral arguments. Julian Ku also pondered the end of federal...
28.04.12 | |

12 Jun

The four staff members of the ICC will remain in a 45-day detention in Libya while investigations into the meetings the staff had with Saif al-Islam Gaddafi are carried out. Al Arabyia reports that Melinda Taylor will be freed if she gives Libyan officials information on the whereabouts of Mohammed Ismail, Gaddafi’s former right-hand man. Former Bosnian Serb leader Radovan Karadzic has asked for his charges to be dismissed at the ICTY for lack of evidence. Human Rights Watch reports that Syria is committing grave abuses of children in the...
12.06.12 | |

06 Apr

...question. And what repercussions it may have for other British ties, such as Australia, may hang in the balance. Honduras has requested WTO consultations with Australia over the latter’s plain packaging requirements for tobacco and tobacco products. Malawi’s 78-year-old President Bingu wa Mutharika has died of a heart attack. Despite the UN’s increasing pressure on Syrian officials to put an end to the violence, UN Secretary General Ban Ki-moon reports a worsening of the conflict. Defense lawyers at the ICC have reported that Saif al-Islam Gaddafi, son of late Libyan...
06.04.12 | |

09 Apr

Guatemala became the 121st state to join the Rome Statute system of the International Criminal Court last week. The statute will enter into force on July 1st, 2012. In other ICC news, Libya’s justice minister has stated the country will not hand over Saif al-Islam Gaddafi to the Court, as it would rather try him in Libya. The UN-brokered Syrian ceasefire agreement is reportedly close to collapse. Foreign Policy offers a context piece about how they Syrian uprising is a sign of bigger battles to come in the proxy war...
09.04.12 | |