Search: Complementarity SAIF GADDAFI
12 Oct Peaceful Settlement in Uganda Jeopardized by ICC Arrest Warrants
The story coming out of Uganda bears emphasis for its impact on the ICC doctrine of complementarity. Under Article 17 of the Rome Statute, “the Court shall determine that a case is inadmissible where … [t]he case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution.” The ICC website indicates that “the International Criminal Court will complement national courts so that they retain jurisdiction to try genocide, crimes against humanity and...
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...
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 The sanctions, which have now been revoked underlie a bigger issue in the relationship between the United States of America...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...
16 Aug Symposium on Oumar Ba’s Book ‘States of Justice: The Politics of the International Criminal Court’–Introductory Post
...referral by the United Nations Security Council) and with the vexed questions of complementarity, compliance and cooperation by states. The book reveals: how so-called ‘weak states’ have managed to instrumentalise the Court’s self-referral trigger mechanism to pursue their political and security interests; the selective and inconsistent use by the Security Council of its power to refer cases to the Court; the inconsistent and strategic interpretation and application by the Court and by states of the complementarity principle; and how some states have used the Court as a platform for domestic...
12 Aug Should the ICC Allow the United States to Become a State Party?
...was in office when the Rome Statute was negotiated and he decided to sign the Statute prior to the signing deadline on 31 December 2000. In the statement accompanying the signing of the Statute, President Clinton identified the importance of holding accountable those individuals accused of committing crimes falling under the Rome Statute and the United States ‘tradition of moral leadership’ when it comes to those efforts. He also highlighted that the ICC is a Court of complementary jurisdiction, although his explanation of how complementarity works was somewhat lacking. Despite...
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...
01 Oct Prosecutor De-Prioritizes ICC Investigation of US Torture Program
...US did not have the temerity to pursue these case, maybe the ICC could finally do so—or at least prod the US into doing far more by way of “complementarity.” With “de-prioritization” of the investigation vis-à-vis US nationals, the Biden Administration lacks even the incentive to conduct complementarity; this potential leverage has thus been squandered. Remember also that the Rome Statute creates jurisdiction over war crimes “in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes” (Rome Statute, Art....01 Aug Emerging Voices: The Preliminary Examinations in Iraq: A Net Loss for the ICC’s Political Capital
...Obama administration, she heralded the ICC as largely an instrument of positive complementarity, (ie not applicable to the United States, rather than a safeguard against impunity, which may be of greater concern to Americans). In fact, two of the most flagrant demonstrations of the Bush administration’s resistance to the Court remain in force with no sign of disappearing. First, the Article 98 Bilateral Immunity Agreements, which strong-armed many States Parties to the Rome Statute into swearing they would never cooperate with the Court if it were investigating Americans, are not...21 Jan The Human Rights Committee’s General Comment No. 36 and the Right to Life in Armed Conflict
...liberty, see IAComHR Coard paras 52‒61; ECtHR Hassan para 105). In general, it is a positive development that the HRC correlates violations of IHL and article 6 ICCPR in relation to the conduct of hostilities. First, this reinforces the perspective of complementarity between the ICCPR and IHL based on the fact that, to an extent, they protect the same values (HRC 2006 Concluding Observations: USA para 5). And secondly, this may expand the ability of victims of IHL violations to obtain redress. Indeed, States have an obligation under article 2(3)...