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...18 Oct More on Amnesty and the ICC Arrest Warrants
...the complementarity doctrine, as the State is requesting the prosecution before the ICC rather than national courts. Put differently, can there be an Article 17 objection based on complementarity where there is an Article 14 referral by a State? The problem with this position is that in this case a Ugandan government agency, the Uganda Amnesty Commission, is still maintaining that all LRA rebels–including those indicted by the ICC–are eligible for amnesty. According to the chair of that commission, Ugandan high court judge Peter Onega, “As far as the amnesty...
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...
26 Feb Time for the US to Reset Its Policy on the ICC & Reassume Leadership in International Justice
...US has periodically invoked) it can advance these. While there has already been a Pre-Trial Chamber ruling on the scope of the Court’s territorial jurisdiction related to the Palestine situation, if the US believes there are further jurisdictional issues to raise, it could engage with the Court on those, as can Israel. Similarly, if the US contends it has done sufficient “complementarity” under Article 17 of the Rome Statute to render cases against US nationals related to the Afghanistan situation “inadmissible” (an argument also sometimes advanced), the US can engage with the Court and make...
08 Apr ICC Prosecutor Symposium: The Challenges for the Next ICC Prosecutor
...Colombia preliminary analysis should be concluded because it was launched many years ago ignore the legal framework adopted by the Rome Statute. As a gatekeeper, the OTP has two different and parallel duties: to fully respect the principle of complementarity and refrain from opening investigations when national authorities have conducted genuine proceedings, but also to ensure the “end of impunity” and trigger the jurisdiction of the Court when they fail to do so. As I argued upon taking up office in June 2003: States not only have the right but...
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...
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...
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...
07 Aug Symposium on The Principle of ne bis in idem in International Criminal Law: The Role of ne bis in idem in Transitional Justice – A Multi-level Approach to Justice, Truth, and Reconciliation
...of last resort, capable of prosecuting crimes that national jurisdictions are unwilling or unable to address. The principle of complementarity, as enshrined in Article 17 of the Rome Statute, is not only a cornerstone of the ICC’s jurisdictional framework but also a vital component of the broader transitional justice discourse. In transitional justice contexts, complementarity serves as a catalyst for strengthening national legal systems. By placing the onus on states to prosecute international crimes, it incentivizes legal and institutional reforms, capacity-building, and the development of robust judicial mechanisms. This approach...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...