Search: Complementarity SAIF GADDAFI
22 Mar The ICC and Israel: Prosecuting the Punitive Demolition of Palestinian Homes – Part 2
punitive demolitions would likely pass the tests of complementarity and gravity under Art. 17 of the Rome Statute. It is clear that Israel is not prosecuting any State officials for this conduct (‘the same case’ test in ICC case law), and it is probable Israel would be found “unwilling” to prosecute its officials for designing and implementing what is after all an official State policy of the Israeli government (the same goes for settlements activities, illegal under international law but sanctioned by domestic law). Complementarity should therefore not pose any...
01 Oct Distant Justice Symposium: Phil Clark’s ‘Distant Justice’–A Wake-Up Call for the International Criminal Court or a Case for Managing Expectations?
...the Congo (DRC) and Uganda to the International Criminal Court (ICC), including the behind-the-scenes negotiations that preceded them. In so doing, the book exposes the extent to which the ICC’s Office of the Prosecutor (OTP) is willing or is forced to play politics to suit its ends while also maintaining a false narrative of ‘distance’ from the political fray. As the book convincingly argues, the OTP’s understanding of complementarity is so internally inconsistent as to result in contradictions between what it theoretically asserts and what it actually practises. Consequently, the...
12 Feb The Conviction and Sentencing of Ex-rebel, Thomas Kwoyelo, 15 Years On
...complementarity, emphasising “that the Court’s reparations proceedings do not exist in isolation and are indeed part of the wider context of different national and international efforts to address the victims’ harm” (Reparation Order, paras 52-53). Effectively, the ICC acknowledged the significance and value of advancing towards a more integrated reparations process and system, expressing an intention to more prominently emphasise complementarity, which is crucial for the effective implementation of reparation orders, particularly for related offences and harms, as demonstrated in the case of the LRA atrocities. Conclusion The conviction and...18 Oct Withdrawal from the International Criminal Court: “Much ado about nothing” at the Philippine Supreme Court? (Part I)
...of effective remedies. This reliance upon the lack of an effective remedy as the basis for standing would impact arguments of the PCICC relating to complementarity and R.A. 9851 (dealt with sub-sections B & C).The Senators asserted injury alleging an impairment of the constitutional functions of the Senate, with a concomitant interest in the fulfillment of their constitutional obligations. The bench was noticeably more lenient in its questioning of the Senators on locus standi. The next major line of arguments related to the separationof powers of the President and the...
25 Sep From Immunities to the Afghanistan Decision – Talking International Criminal Justice with Stephen Rapp
...mustering the will to investigate and prosecute cases domestically is the perception that there is a strong Court in The Hague that is ready to act if the state does not. This is not “positive complementarity” but rather “persuasive complementarity” – if you do not do it, they will do it for you and it is far better for you to do it at home. If the Court is not effective you lose that. We saw that in a different sense with the ICTR where Rwanda repealed the death penalty...29 May Thoughts on Scott Turow’s ICC Novel, TESTIMONY
...permission to question a witness. Questioning by the judges is routine and expected. [3] Dick Cheney did not support unsigning the Rome Statute because he was afraid of being prosecuted for waterboarding. The unsigning took place in May 2002 — before the US had waterboarded anyone. [4] The Cambodia and Sierra Leone tribunals are not located in the Hague. [5] It’s the Jurisdiction, Complementarity, and Cooperation Division, not the “Complementarity Section.” [6] The principle of complementarity doesn’t require the Court to wait 30 days for a state to act before...23 Jul The Factually Challenged Wall Street Journal Editorial
...that might be implied from its accession to the charter. I have no idea what this actually means. If Rivkin and Casey are arguing that the UN cannot institute judicial proceedings against nationals of a State that wants to prosecute its nationals itself, they are obviously wrong — as the existence of the ICTY and ICTR demonstrates. And if they are arguing that the ICC’s principle of complementarity now requires the Court to defer to the Sudan’s national proceedings, they are still obviously wrong: given the legal limitations on Sudanese...26 Jul A Puzzling Statement by the OTP Regarding Rwanda
leader Bosco Ntaganda of the M23 rebel group, said Phakiso Mochochoko, head of the Jurisdiction, Complementarity and Cooperation Division at the ICC (emphasis mine). The International Criminal Court is not investigating Rwanda’s alleged support of a rebel group committing atrocities in the Congo, a court official said Thursday. The court’s focus is on the arrest of the rebel leader Bosco Ntaganda of the M23 rebel group, said Phakiso Mochochoko, head of the Jurisdiction, Complementarity and Cooperation Division at the ICC. “We are not in any way looking at Rwanda and...
18 Aug States of Justice Symposium: The Hazy Future of International Criminal Justice in Light of Africa’s Interaction with the ICC
[Emma Charlene Lubaale is an Associate Professor of Law at the Faculty of Law of Rhodes University in Grahamstown, South Africa.] This is an unusual piece of work. As opposed to merely engaging with theoretical rules and existing literature on the subject of complementarity; means of triggering the ICC’s jurisdiction; interaction between states and international law, etc., the author has apparently set himself the excellent task of delving into an empirical analysis of how theoretical principles and arguments in literature have played out. The author does this by demonstrating why...01 Mar “Future Perspectives on International Criminal Justice” Published
...Re-Assessing the Balance Between International and Domestic Jurisdiction: 9. Situational gravity under the Rome Statute Kevin Jon Heller; 10. When law ‘expresses’ more than it cares to admit: comments on Heller Mark Osiel; 11. Should the prosecution of ordinary crimes in domestic jurisdictions satisfy the complementarity principle? Dawn Sedman; 12. Interpreting complementarity and interests of justice in the presence of restorative-based alternative forms of justice Marta Valiñas; 13. Universal jurisdiction and the prosecution of excluded asylum seekers Elizabeth Santalla. Part IV. De-Individualizing International Criminal Law: Can Abstract Entities Commit International...