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Search: Complementarity SAIF GADDAFI

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 | |

17 Aug

the book questions why states ratify the Rome Statute yet seek to undermine it when the Court exercises jurisdiction. Through the theme of complementarity, the book focusses on the inconsistent practice of the ICC in regard to complementarity. Lastly, the book discusses the Court’s entanglement in domestic politics and how those with political power have instrumentalised law and institutions. Through these four themes that cut across most situations before the Court, the book aims to offer perspectives into the interplay between state interests and norms of international criminal justice. States...
17.08.20 | |

18 Oct

This post is a continuation of the analysis of proceedings at the Philippine Supreme Court, relating to the withdrawal of the Philippines from the International Criminal Court. C. R.A. 9851: A Double Bind? The sufficiency of the “The Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity” or R.A. 9851 in addressing mass atrocity crimes was referenced in the Philippine note verbalenotifying the U.N. Secretary General of withdrawal from the Rome Statute. The relevance of R.A. 9851 touches upon not only complementarity, but also the...
18.10.18 | |

11 Jan

...and have not been, or are not being, dealt with in another court (‘admissibility – complementarity’). The last phase of this preliminary examination asks if there are any ‘interests of justice’ reasons not to open an investigation.  The process is contemplated in the Rome Statute (articles 15(6) and 53), but fleshed out in the OTP’s PE Policy 2013 and, in relation to allegations of sexual violence or other gender-based crimes, Part IV of the SGBC Policy. The core of the SGBC Policy is the requirement for OTP staff to apply...
11.01.22 | |

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 | |

23 Jul

the principle of complementarity. Section 1 criticizes the Court’s jurisprudence concerning Article 17’s ‘same person’ requirement, arguing that the test the judges use to determine whether a state is investigating a particular suspect is both inconsistent with the ICC Statute and far too restrictive in practice. Section 2 explains why the ‘same conduct’ requirement is antithetical to the goals underlying complementarity and should be rejected as a matter of law. The article thus defends what we might call ‘radical complementarity’: the idea that as long as a state is making...
23.07.16 | |

04 Nov

Let me thank Mark Drumbl once again for taking the time to provide his thoughtful response to my Article. As Mark and I agree on many points, I will focus on what appears to be the clearest point of difference between us: our respective answers to the practical question of how the ICC should instantiate its complementarity principle. Absent contrary guidance from the Security Council, I support ICC prosecutor Luis Moreno-Ocampo’s targeted insistence on conventional prosecutions for Kony and the remaining suspects for whom the ICC has issued warrants. Mark,...
04.11.09 | |

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 | |

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 | |

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 | |