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...
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)...
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...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....
03 Aug Symposium on Ljubljana – The Hague Convention on Mutual Legal Assistance: Critical Reflections – Fulfilling the Potential of this Landmark Treaty
...and civil society (including Parliamentarians for Global Action) have been launched to remedy the ICC’s jurisdictional limitation, whilst the creation of the Special Tribunal has increasingly found itself in a political spotlight. One would think (and hope) that such development would prompt States to properly acknowledge how the limitations relating to jurisdictional issues – procedurally or substantively- may eventually backfire, and only lead to resorting to more cumbersome solutions. Complementarity Laying down rules for an effective State-to-State cooperation, the Convention benefits all States, irrespective of their status to the Rome...15 Apr Some Thoughts on Eric Posner’s WSJ Editorial
...doubtful. What they would do, most likely, is prosecute their national themselves — serious prosecutions, not the kind that the U.S. reserves for its own war criminals. And then, of course, the principle of complementarity would require the ICC to defer to them — which is exactly the point of complementarity. One cannot solve the perennial problem of “who will guard the guardians” by handing over authority to prosecutors and courts. But that is what the universal jurisdiction agenda boils down to. Mr. Garzon’s comeuppance should be a warning to...
02 Oct Distant Justice Symposium: Distancing Justice from the ICC Will Actually Build It
...on states, not just on the ICC. An examination of complementarity, for example, that looks at how the ICC ‘looks down’ on how states deal with atrocity crimes, should also properly assess how states are dealing with these international crimes. Clark does this to some extent in his exploration of domestic prosecutions, amnesties, peace negotiations and community-based responses to atrocity crimes. However, his point of departure, here, seems to be that states – in contrast to the ICC – offer justice that is not ‘distant’. They do, after all, have...