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Search: Complementarity SAIF GADDAFI

23 Jul

...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...
23.07.08 | |

26 Jul

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...
26.07.12 | |

18 Aug

[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...
18.08.20 | |

01 Mar

...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...
01.03.10 | |

23 Jul

...Mr. Njeem for the same charges brought against him by the ICC, despite the absence of any direct engagement between Libya and the Court to assert this claim. Italy invoked the principle of complementarity under the Rome Statute, which allows a case to be deemed inadmissible before the ICC if a State having jurisdiction upon it is actively investigating or prosecuting the same conduct according to Article 17 of the Rome Statute. Italian authorities argued that the ICC had failed to consult Libya to assess its ability and willingness to...
23.07.25 | |

17 Aug

...Council as part of the deferral resolution. The Security Council has never before adopted an Article 16 deferral resolution, so this is unexplored territory for international criminal law. While I completely agree with the concerns so well articulated by Mark Ellis and Richard Dicker, I could envision a situation where the UN Security Council imposes a number of specific conditions on Gaddafi as part of such a resolution, and that the deferral would be immediately revocable if Gaddafi violated those conditions. The same Security Council resolution could conditionally authorize use...
17.08.11 | |

25 Oct

...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...
25.10.09 | |

10 Sep

...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?...
10.09.12 | |

22 Aug

[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...
22.08.13 | |

05 Jun

...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....
05.06.07 | |

02 Mar

...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...
02.03.11 | |

25 Oct

...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...
25.10.11 | |