Search: Complementarity SAIF GADDAFI
25 Oct The Surprising Mbeki Report (Updated)
...dealt with by the national system. This is simply a reflection of the functional limitations of the ICC. It is important that all stakeholders should realize this, and therefore focus on the vital importance of strengthening national legal systems. The principle of complementarity under the Rome Statute in any event gives precedence to national systems, even when a situation has been referred by the Security Council. This means that the ICC is obliged to take into consideration the fact that a State has taken or is taking effective justice measures...10 Sep Libya Got Al-Senussi the Old-Fashioned Way: It Bought Him
...it ourselves rather than shoveling it over to a foreign state. But if something like that becomes enough of a domestic political imperative, price presumably is no issue. And whatever their capacity may be to do so in line with international standards, the Libyans certainly have a few good reasons to want to come to terms with Mr. Al-Senussi. David If Libya is willing to pay USD$200 million to secure Al-Senussi's extradtion, what should the Zintani brigade demand in order to facilitate the transfer of Saif Gaddafi to Libyan authorities?...05 Jun Is Drinking Sheep’s Blood An Alternative to the ICC?
...Peace talks to end the ongoing civil war in northern Uganda have been affected by the ICC warrants for the four LRA leaders. According to Reuters, one alternative ritual would involve: A murderer facing relatives of the victim and admitting the crime before both drink a bitter brew made from a tree root mixed with sheep’s blood. Call me crazy, but I don’t think this would satisfy the ICC’s complementarity standard (the standard by which it would defer to Ugandan justice). But it would certainly make an interesting test case....22 Aug Emerging Voices: The Transformative Influence of International Criminal Law in Domestic Perspective
[Dr. HJ van der Merwe is a Lecturer in Public Law Studies at the Law Faculty of the University of the Western Cape, South Africa] The degree to which states are able and willing to dynamically reflect international criminal norms within their domestic legal systems is crucial to the success of the project of international criminal justice. This is exemplified by the existence of the complementarity-centred International Criminal Court (“ICC”), which aims to establish a system of international criminal law (“ICL”) where domestic jurisdictions are primarily responsible for and capable...25 Oct Where is the International Law Criticism of the Libya Intervention?
...invasion of international law by twitter-ese (R2P??) is truly obnoxious. Mihai Martoiu Ticu I agree with Kevin. The commander-in-chief is a legal target, as the fellow combatants of the guys killed by drones, can legally bomb the CIA headquarters where the drones are driven, and Obama. Carthago I guess the point of the complaint filed by Gaddafi's family is that he was already a prisoner when he was killed, which makes the killing a war crime. Mihai Martoiu Ticu @Rhodri Posner is just a Machiavellian, who claims that U.S. should...02 Mar What Are the Best Legal Arguments For and Against Military Intervention in Libya?
...seek to rely on the shakier ground of humanitarian intervention. Toby Fenwick The key question is whether the humanitarian exception to Art 2(4) exists or not. I think that it does, bolstered by the R2P language in the 2005 world summit, and therefore suggest that the humanitarian imperative to save people from their own government means that it is legal to use force against the Gaddafi regime. An extended argument on my blog: slightly-random-musings.blogspot.com/2011/02/am-i-my-brothers-keeper.html Cheers Toby Jessica D. Using the R2P framework, the best course of action for intervention would...22 May Al-Senussi Indicted in Mauritania
...pointed out, the ICC has nothing to gain by considering Libya’s admissibility challenge regarding Saif, because Libya has indicated that it has no intention of complying with an adverse decision. The same problem exists even more acutely in situations in which multiple states challenge admissibility, as permitted by Article 19. It makes no sense for the ICC to risk alienating member-states by resolving competing admissibility challenges when the custodial state will simply refuse to extradite the suspect should the ICC give the other state priority to prosecute. That is not...27 Apr Weekend Roundup: April 20 – 26, 2013
...hearings. On the US-ICC relationship, Julian ventured that a cultural change is required if it is to blossom into a love affair. More news from the ICC came from Kevin, who worried that a funding crisis was behind the OPCD’s request to withdraw from the Saif Gaddafi case, and the Pre-Trial Chamber’s approval of a new lawyer. Finally, Kevin corrected an old post on whether Bill Keller of the NYTimes can be charged with aiding and abetting the enemy like Bradley Manning. As always, we listed events and announcements that...17 May Weekday News Wrap: Thursday, May 17, 2012
The trial against Ratko Mladic at the ICTY continued today, with testimony today covering the systematic execution of 8,000 Muslim men and boys. However, due to prosecutorial error, Judge Orie has suspended the presentation of evidence indefinitely, originally to begin May 29. Foreign Policy takes us back to the early days of the tribunal with this graphic representation. In Libya, Saif al-Islam Gaddafi is refusing to appoint a defense lawyer for domestic charges against him in that country. ICC Prosecutor Luis Moreno-Ocampo said yesterday that he would not oppose a...