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...
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...
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 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...
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...
09 Mar The Appeals Chamber Got One Aspect of the Afghanistan Decision Very Wrong
...to think an otherwise justifiable proprio motu investigation is nevertheless not in the interests of justice — that’s Art. 53(1)(c). But it also means that the PTC cannot review the OTP’s determination that the potential case or cases in the situation are admissible — that’s Art. 53(1)(b). That may seem like a small thing, but it’s not. Admissibility comprises two of the most critical aspects of the OTP’s decision to open a proprio motu investigation (or any investigation, for that matter): complementarity and gravity (Art. 17). The Afghanistan decision thus...
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...