Search: Complementarity SAIF GADDAFI
19 Jan Weekend Roundup: January 12-18, 2013
...Jennifer Trahan analysed the merits of a referral and expressed some concerns about its implementation. Kevin also weighed in with a few thoughts. Jennifer’s comment then led Kevin to develop his argument that the Security Council cannot implicitly amend the ICC Statute, which triggered further discussion in the comments. Continuing on the ICC, Kevin posted why Saif Gadhafi’s first court appearance in Libya undermines the state’s arguments in its complementarity challenge at the ICC. In another post, Kevin was very critical about the decision by Judge Pohl rejecting the argument...
30 Jun Australia, the Rome Statute and the War Crimes Proceedings: Where are the Victims?
...legislation and/or the International Criminal Court Act. In addition to this, it would be necessary to establish a mechanism to allow victims to communicate with authorities in the pre-trial phase. This could be included in the mandate of Arraf’s proposed permanent mechanism for the investigation of international crimes. The third option is to do nothing. The ICC was unconvinced by arguments in The Prosecutor v Saifal-Islam Gaddafi and Abdullah Al Senussi that the absence of guarantees for victim participation and reparations in the Libyan national system was a reason to...20 Apr Rest in Peace, John Jones QC
...at the Special Tribunal for Lebanon (STL), established to try those allegedly responsible for the killing of former Lebanese Prime Minister Rafik Hariri in an explosion on 14 February 2005. I had the great honour of considering a John a good friend. I first got to know him during the Gaddafi case, when he and I regularly exchanged emails about Libya’s complementarity challenge. And then he encouraged me to join the Doughty Street team as an academic member. John was, quite simply, a wonderful person — warm, funny, supportive. I...
17 Apr Strategies for Appealing the Afghanistan Decision
...of Kenya against the ‘Decision on the Request for Assistance Submitted on Behalf of the Government of the Republic of Kenya Pursuant to Article 93(10) of the Statute and Rule 194 of the Rules of Procedure and Evidence'”, ICC-01/09-78, 10 August 2011, paras. 15-16; Prosecutor v. Gaddafi and Al-Senussi, ICC A. Ch., Decision on the admissibility of the “Appeal Against Decision on Application Under Rule 103” of Ms Mishana Hosseinioun of 7 February 2012, ICC-01/11-01/11-74, 9 March 2012, para. 10). That said, I think it might be worthwhile for the...
22 Apr ICC Sanctions Symposium: Implications of Trump Administration’s Sanctions on International Criminal Court Officials
...Director of Jurisdiction Complementarity and Cooperation Division (JCCD). One suspected candidate for sanctions, a mid-level official in the OTP who is a Canadian national, was not included. One academic and policy analyst in international justice, Mark Kersten, pointed out to me that, ‘Canada communicated that its citizens at the ICC should not be subject to US sanctions.’ One cannot be surprised, then, that the targeting of the two black African lawyers from The Gambia and Lesotho and exclusion of a Canadian national has created the perception among some that the...
06 Aug Standing with Afghanistan: Women’s Rights and the Role of International Law
...concerns that the peace negotiations will falter and the Taliban will regain control of Afghanistan. Such a turn of events will almost certainly see resistance at the domestic level to any form of accountability for past crimes committed by the Taliban. Current and future generations of Afghans, particularly Afghan women, are instead likely to suffer widespread and systematic human rights violations. Investigation into alleged war crimes Central to the ICC system of international criminal justice is the complementarity principle. Article 17(1)(a) of the ICC Statute stipulates that a case is...
08 May Symposium on ‘Marketing Global Justice’ – Monopoly Capitalism, Kitsch, and Accountable Accountability
...broached the topic of how ICL interventions are so ‘distanced’ that they are inept, or too awkward, to ‘get close’ to the very people they putatively are to uplift, and simply fall short of becoming part of the ‘fabric of everyday life’ even in the places they aim to repair. They are cold, they leave audiences emotionally unmoved, they are not – to draw from Coke – companionate. Complementarity is not comity. I wanted also to tell you that am very drawn to your angles on global justice aesthetics. On...08 Dec Transitional Justice and Judicial Activism Symposium: Introduction
...some accountability process has started….There may be a number of political and institutional reasons at play and ideally the court should have an appreciation of these reasons before deciding whether and how to intervene.” Id. A related approach would be to resort to the concept of “complementarity,” associated most notably with the exercise of jurisdiction by the ICC. The question is whether complementarity, deference to domestic processes can be justified where there is no lack of ability or willingness to prosecute but there has been a conscious inclusive democratic decision...
20 Apr ICC Sanctions Symposium: From Subtle Opposition to Active Marginalisation–U.S. Sanctions Against I.C.C. Officials in Context, and Future Implications
[Nabil M. Orina is a Postdoctoral Research Fellow at the Centre of Excellence for International Courts (iCourts), Faculty of Law, University of Copenhagen. He holds a PhD from City University of Hong Kong.] President Trump’s sanctions against the Prosecutor of the International Criminal Court (the Court), Fatou Bensouda and the Head of Jurisdiction, Complementarity and Cooperation Division, Phakiso Mochochoko have rightly attracted condemnation from states as well as academic commentary. The sanctions, which have now been revoked underlie a bigger issue in the relationship between the United States of America...
22 Sep Armenia as the 124th Member to the Rome Statute
...taken place regarding whether joining the ICC could offer legal protection against international crimes. Armenia initially signed the Rome Statute in 1998. However, in 2004, the Constitutional Court ruled that the Rome Statute conflicted with the Constitution of the Republic of Armenia, specifically in two significant aspects: first, the question of the ICC’s complementarity in relation to the national criminal jurisdiction of the Republic of Armenia, and second, the matter of utilizing domestic processes for granting pardons and amnesty to convicted individuals in relation to the Article 105 of the...