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...
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...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...
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...
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...
17 Aug States of Justice Symposium: Interrogating States of Justice–The Politics of the International Criminal Court
...the Court and its principals, who have sought to locate it as an apolitical institution; anchored solely in a legal world driven by the exercise of judicial and prosecutorial discretion, as appropriate. Contrastingly, Ba confronts this imagined narrative of political sterility over seven chapters by interrogating four key issues – strategic use of referrals by states, challenge of complementarity, limits to compliance and the ICC’s impact on local politics. Notably, some of Ba’s assertions support developing narratives around the ICC and its States of Justice, as well as the state...
06 Oct Towards a Constitutionalization of International Climate Law?
...377-384), the IACtHR advisory opinion AO-32/25 (para 385), and the ECtHR’s Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (para 385 ). This is reflexivity in action. Each advisory opinion carries its own limits and functional specialization; for instance, the IACtHR in human rights law, ITLOS in the law of the sea, and the ICJ in general public international law. Yet their resonance generates complementarity, avoids conflicting conclusions, and gradually builds coherence within the international climate legal order. Over time, the repeated recognition and cross-fertilization among advisory opinions gradually sediment into...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...