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Search: Complementarity SAIF GADDAFI

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 | |

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 | |

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 | |

22 May

...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...
22.05.12 | |

27 Apr

...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...
27.04.13 | |

13 Sep

...Saif Gaddafi, and Charles Taylor will be so relieved! (Junger obviously has absolutely no idea what a crime against humanity is — and, apparently, no interest in finding out. Probably because doing so might undermine his claim that the noble thing to do is intervene in a civil war after 100,000 innocent civilians have been murdered. It’s like the Eddie Izzard line: “after a couple of years, we won’t stand for that…”) (And no, it’s not “essentially one person at a time.” Junger might want to read something about the...
13.09.13 | |

16 Feb

This week on Opinio Juris, Julian noticed the apparent truce between the American right and the ICC, but didn’t go as far as calling it peace. Further on the ICC, Kevin pointed out a flagrant mistake at the Washington Times, and argued that the OTP was wrong in concluding that Libya is able to try Saif Gaddafi, because the Rome Statute does not consider a trial in absentia to meet that standard. Talking about criminal prosecutions, Peggy asked whether Pope Benedict XVI could be sued in the child sex abuse...
16.02.13 | |

26 May

...say, has one of the world’s best international-law practices. (And excels in many other areas, such as criminal law.) Its roster of barristers includes such luminaries as: Geoffrey Robertson QC — one of the founders of the set, who needs no introduction to OJ readers. Sir Keir Starmer, KCB, QC — the former Director of Public Prosecutions and Head of the Crown Prosecution Service, currently serving as Croatia’s counsel at the ICJ in Croatia v Serbia. John R.W.D. Jones QC — counsel for Saif Gaddafi at the ICC and Mustafa...
26.05.14 | |

09 Jun

...the ICC’s Pre-Trial Chamber’s decision that article 95 of the ICC Statute applies to requests for surrender, and it was not only because they did not agree with him on this point. Later in the week, he was more positive about the OTP’s response to Libya’s challenge to the admissibility of the cases against Saif Gaddafi and Abdullah al-Senussi. Further on international criminal law issues, Marina Aksenova argued in a guest post why Charles Taylor’s sentence is adequate. Kevin congratulated the Chief International Co-Prosecutor of the ECCC, Andrew Cayley, on...
09.06.12 | |

17 May

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...
17.05.12 | |

28 Jun

This is a major development, one that I hope does not get lost in the welter of commentary on the Bemba acquittal. If you recall, in June 2012 the Libyan government detained four ICC officials who were in Zintan on official Court business: Melinda Taylor from the Office of Public Counsel for the Defence (OPCD), who had been provisionally appointed Saif Gaddafi’s defence counsel; two officials from the Registry; and a translator, Helene Assaf. Libya charged all four with various criminal offences and ultimately detained them for 27 days. About...
28.06.18 | |

23 Feb

...Kevin argued last week that the ICC’s OTP committed a serious legal error when it argued that even an in absentia trial would mean that Libya’s admissibility challenge of the case against Saif Gaddafi could pass. It is no surprise then that Kevin was happy to see the OTP retract its submission this week. Kevin also recommended Jens Ohlin’s new article on “Targeting and the Concept of Intent“. Kristen put the spotlight on International Peace Institute’s recent recommendation to give the African Union a bigger role in transitional justice issues...
23.02.13 | |