Search: Complementarity SAIF GADDAFI
13 Nov The Responsibility to Protect
...to stop Gaddafi. As such, the intervention was invited by an accredited government representative (albeit one who was estranged from Gaddafi at the time of the intervention), which, partially vitiated concerns about violating state sovereignty. Second, Gaddafi’s remarks about “germs, rats and scumbags” may have constituted genocidal language, which triggered a responsibility to prevent pursuant to the Genocide Convention. Third, R2P contains a plethora of softer tools including election monitoring (Kenya), radio jamming (Rwanda), and other non-military forms of intervention. These tools are regularly and effectively employed under the R2P...02 Sep It’s Time to Reconsider the Al-Senussi Case. (But How?)
...case of Mr. Gaddafi first and then in the case of Mr. Al Senussi derives from the AC decision on admissibility of the 28 July 2011 in the Ruto case. The exclusion of evidence about the security situation in Libya postdating the decision had, in the Al Senussi decision a much more substantial impact on the individual than appeals against admissibility decision (Gaddafi and Ruto). By the way, evidence postdating the PTC decision is apparently considered in the separate opinion of Judge Sang Hyun Song in the AC decision in...27 Sep Levina and Vaid Guest Post On The Recent HRW Torture In Afghanistan Report: What Does It Mean For The ICC?
Benjamin G. Davis Thank you for a very interesting post. One thought was that Gaddafi in this period had been providing intelligence to the United States and, one might suppose, a natural quid pro quo is that the United States provide him intelligence on his opposition. Gaddafi might even have preferred to have these people tortured outside Libya given the ethnic and tribal rivalries inside Libya. Helping Gaddafi, looking now from a head of state to head of state strategic level and allowing him "access" to the CIA black sites...02 Feb Libya Didn’t Buy Al-Senussi; It Simply Made a Donation to Mauritania!
I’ve been catching up on the lastest filings regarding Libya’s complementarity challenges, and I’ll have a post tomorrow about some shocking admissions by Libya concerning its planned domestic prosecution of Saif Gaddafi. But I would be remiss if I didn’t point out now that Libya is denying — in writing, but apparently with a straight face — that it paid Mauritania $200,000,000 to extradite al-Senussi: Serious evidential issues apply to Mr. Al-Senussi’s manifestly unsubstantiated allegations that Libya incited or provided “aid and assistance” to a violation of Resolution 1970 by...
21 May Delivering the ICC Vision Through Deeds not Words: An Interview with Karim Khan QC
...a member of the English bar but also because of his Muslim name and Pakistani heritage. In Muthaura’s mind, Khan would combine the professionalism and training of the English Bar with the cultural understanding that a more diverse background would offer. I mention all the well-known defendants he has represented – former Deputy Prime Minister of Kosovo Fatmir Limaj, former President of Liberia Charles Taylor, current Deputy President of Kenya William Ruto, and Saif al-Islam Gaddafi, to name but a few. I ask whether there is anyone he would choose...07 Nov “There is a Double Standard at the ICC”
...the ICC would investigate crimes perpetrated by rebel forces, Moreno-Ocampo admitted that Gaddafi’s death was not “clean”, but said that, consistent with complementarity, the ICC must let the national court proceedings complete their work before the ICC considers taking any action. As for the choice of which prosecutions to initiate against ICC member states, Moreno-Ocampo stated in an earlier lunch Q&A that the gravity of the offense was the deciding factor. “We look at how many hundreds were killed or raped, and prioritize investigations on that basis.” The keynote address...
10 Apr ICC Prosecutor Symposium: The Next ICC Prosecutor
...office’s past performance, evaluating, and instituting where they are needed. The ASP and OTP must cooperate strategically to promote complementarity. Court officials perceive the ASP as interfering with their work and not an ally. Prosecutors need to bridge this gap. Luis Moreno Ocampo achieved several milestones including, shaping the justice system at the ICC by indicting the first sitting head of State, Omar Al Bashir, a former head of State Muammar Gaddafi, presidential and deputy presidential candidates, Uhuru Kenyatta and William Ruto, former premier Jean Pierre Bemba, successfully prosecuting Thomas...
25 Apr The Appeals Chamber Decides Israel’s Appeals — And Refuses to Suspend the Arrest Warrants
...information provided in the notification to States.” Once a specific suspect has been identified and an arrest warrant has been issued, complementarity is governed by Art. 17, not Art. 18: the question is whether the state is investigating the same suspect for substantially the same conduct, not whether it is generally investigating the kinds of cases that might arise from the situation. Differently put, Israel no longer has to file a general complementarity challenge in the Palestine situation because it already knows that the OTP intends to specifically prosecute Netanyahu...13 Mar Why the ICC Should Not Step Aside — At Least Not Yet
...some in the LRA who will appear before the High Court because of their crimes,” Nankabirwa said. That plan was a step in the right direction, although it was clear that Uganda could not satisfy the ICC’s principle of complementarity without fundamentally revamping its criminal justice system. (For an analysis of the shortcomings of the Ugandan system, see here.) But now the plan seems to have changed again — Museveni made it quite clear today that not even Kony and the other LRA leaders will stand trial in a Ugandan...