Search: Complementarity SAIF GADDAFI
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...
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...18 Jul Will Mali Be the First Bensouda-Era Investigation?
...has shown in the essay linked to above, complementarity is a two-step process, not a one-step process as many scholars assume. The first step asks whether the state is “active” with regard to a case that the OTP wants to pursue — whether, in other words, the state is currently pursuing an investigation or prosecution of the same suspect for the same conduct. If it isn’t active, the case is admissible regardless of whether the state is willing and able to investigate or prosecute. If it is active — and...
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...
25 May Symposium on Advancing Effective and Comprehensive Reparation for Victims of the War in Ukraine: Introduction
...offer valuable lessons and proposals not only for Ukraine’s path forward, but for reparation efforts everywhere. In this introductory piece, we outline some of the key ideas raised in the symposium, including the importance of centring survivors’ voices in the reparation process, and the need for coordination, complementarity, and innovative financing including asset recovery to support the emerging reparation landscape for Ukraine. Centring Survivors’ Voices in the Reparation Process The centrality of survivor participation in the reparation process is well established in international standards and reinforced by practice across different...
22 Nov The PTC Decisions on Israel’s Legal Challenges to the Arrest Warrants
...would have needed to issue a new Art. 18 notification. Israel would then have had 30 days to inform the OTP that it was pursuing its own investigations of Netanyahu and Gallant. If it did, the OTP would have been required to suspend its investigation until it was able to convince the PTC that Israel’s efforts were not sufficient to satisfy complementarity. That process would have delayed issuance of the warrants by months. The PTC, however, unanimously rejected Israel’s challenge. It began by rejecting the claim that the 2021 Art....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...
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...
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...