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...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...
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...
23 Sep South-South Justice for Colombian Victims? Shedding Light on the (Limited) Potential of Universal Jurisdiction in Argentina
...that there were reasonable grounds to believe that ‘false positives’ could amount to crimes against humanity of murder and enforced disappearance and prioritized these crimes to continue its complementarity assessment. The assessment was concluded in 2021, when the OTP decided to close the preliminary examination arguing that Colombian authorities were “neither inactive, unwilling nor unable to genuinely investigate and prosecute Rome Statute crimes.” This despite the fact that human rights organizations had expressed their criticism of the results that the Colombian government presented to the OTP, including the lack of...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)...28 Feb Could the Prosecutor Decide Not To Investigate the Libyan Situation?
...is no reason to believe that a crime within the Court’s jurisdiction has been committed in the situation (a very low standard) or that the situation does not satisfy the admissibility requirements of Article 17, which deals with complementarity and gravity. That’s Article 53(3)(b). I think it is very unlikely that Moreno-Ocampo will decline to investigate the Libyan situation. But it’s interesting to note that he can — and that, if he based a declination on complementarity or gravity grounds, there is nothing the Pre-Trial Chamber could do about it....05 Aug Emerging Voices: The Right to a Remedy in Armed Conflict–International Humanitarian Law, Human Rights Law and the Principle of Systemic Integration
...to a remedy. In this respect, the question is whether HRL, which also applies in armed conflicts, may provide individuals with a procedural remedy for unlawful harm suffered in war time. Systemic integration between IHL and HRL The relationship between IHL and HRL may be considered from two perspectives: competition and complementarity. Generally, whenever two rules belonging to the different regimes are both applicable and in competition, human rights treaties are interpreted taking into account IHL rules (ICJ Nuclear Weapons, para. 25; HRCtee GC31, para. 11). For instance, the human...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...