Search: Complementarity SAIF GADDAFI
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...
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...
15 Dec Justice for Children Part 2: What Child-Centered Justice Requires
...child testimony, effectively silencing victims. The discussion emphasized that international stakeholders must collaborate with national counterparts to transform these legal frameworks and enhance complementarity, ensuring that accountability is rooted in communities’ understanding and needs. Local civil-society organizations, deeply embedded in the affected communities, play fundamental roles in ensuring engagement is ethical and effective. Participants described justice not as flowing in one direction but both upwards and downward, from community healing to international adjudication, each reinforcing the other. They repeatedly emphasised that accountability cannot be effective unless it resonates at the...08 Feb Truth, Justice, and the Pragmatic Way
...question about truth commissions, because you can’t say a priori which ones are a reasonable response to the situation, and which ones are a cover-up. It’s going to require extreme care by the prosecutor. There may be some problem there with the capacity to subvert those processes if they are reasonable, and we’ll just have to hope that the institutions within the court take a sensible view about it. But complementarity extends to covering internal processes which don’t necessarily involve prosecutions of individuals, so there’s no reason why the principle...
21 Aug States of Justice Symposium: A Response
...in fact have common interests and pursue them collaboratively (self-referrals for instance, or the complementarity principle). Cirimwani proposes a “proceduralising” of the “unwilling or unable” as a way out of the complementarity principle conundrum. As it is the case for all procedures, I agree that a clearer guideline on the assessment of the “unwilling and unable” could be useful. K. K. Sithebe argues that “there are gaps […] in texts that are critical of the ICC and/or international criminal justice” – I assume my book fits this mold – in...01 Dec A Potentially Serious Problem with the Final Decision Concerning Comoros
...opening an investigation: if taken seriously, it will simply overwhelm the OTP’s resources. There may not be even one admissible case in the Comoros situation (because there is only one case), but how likely is it that larger situations, which are the norm, will not contain even one case sufficiently grave to prosecute? Just think about the situations currently at Phase 2 or Phase 3 of the preliminary-examination process: Burundi, Gabon, Iraq, Palestine, Ukraine, Colombia, Guinea, and Nigeria. There may well be complementarity issues in some of those situations that...
10 Jul The EU Whistleblowing Directive and #MeToo: A Missed Opportunity for the Advancement of Gender Equality in the EU (Part II)
...Until 2025, it is up to the discretion of Member States, with the political-cultural barriers such discretion entails, to determine whether to extend whistleblower protection beyond the confines prescribed by the Directive. A note on complementarity In its Proposal, the Commission explained that the Directive’s whistleblowing rules “will run parallel to existing protection in the field of other EU legislation: (i) on equal treatment, which provide for protection against victimisation as a reaction to a complaint or to proceedings aimed at enforcing compliance with this principle and (ii) on protection...
16 Jul The “Cienfuegos Affair” and the Proposal for a New Regional Transnational Criminal Court in Latin America (COPLA)
...Joaquín Guzman Loera (aka “El Chapo”) and Genaro García Luna? Perhaps, not. In a case like Cienfuegos, it is more likely that México and the COPLA would be on a collision course. As such, it is very likely that the creation of the COPLA would reproduce a whole host of issues (and scholarship) that arise in relation to the nature of international courts founded on the principle of complementary (as opposed to those which have jurisdictional primacy, such as the ICTY and ICTR). The Complementarity Conundrum Art 2 COPLA provides...
05 Aug Symposium on The Principle of ne bis in idem in International Criminal Law: Inter-jurisdictional Rules in the Rome Statute
...of rules which seek to realize the same aim of protecting the person’s interest in not being tried twice for the same matter while also respecting a fundamental aspect of the legal system in which they operate: the complementary nature of the ICC’s jurisdiction.” (p. 159) The topic I was assigned for this book symposium is limited to “due process and complementarity.” However, these two concepts are central to Gaiane’s discussion of the main topic and addressing them in the abstract would require another opportunity. For the purposes of this...03 Mar How Israel Can (Lawfully) Avoid an ICC Investigation into the West Bank Settlements
...of the ICC. Accordingly, assuming that the ICC determines activities in the territory of the Palestinian Authority to be within its jurisdiction, a Palestinian request may entail an ICC investigation into Israeli settlement activities (whether or not Israel accepts the ICC’s jurisdiction). The ICC could also investigate other violations committed on Palestinian territory (by Israelis or Palestinian), such as indiscriminate attacks or unlawful arrests. But the ICC could be precluded from investigating most allegations against Israelis under the principle of complementarity, as Israel would likely investigate these allegations herself. Settlement...