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Search: Complementarity SAIF GADDAFI

02 Jun

Milan I have not been following this matter particularly closely and at the risk of seeming overly cynical: If the PTC had held that Saif must be surrendered to the ICC pending the admissibility challenge, Libya likely would not have complied. Even worse, the Security Council probably would not have condemned Libya for its non-compliance. Given that courts - especially fledgling courts that are concerned about appearing ineffectual - generally avoid issuing decisions with which parties will not comply, the PTC's ultimate decision was not surprising. The admissibility challenge by...
02.06.12 | |

05 Sep

to be followed after the admissibility challenge, the PTC decided to confine the challenge to Saif. Now that Al-Senussi is in the custody of Libyan authorities, it seems as if Libya must submit a new challenge to the case against Al-Senussi. Is there any possibility for Libya to now challenge this to have the admissibility challenge count for both accused?. I would think that it is too late for Libya to appeal the decision confining the case to Gaddafi (rendered on 4 May). What are your thoughts on this issue?...
05.09.12 | |

20 Nov

...Is the source of the obligation a procedural rule in the ICC RPE? Or is it simply because of the binding nature of the SC-imposed obligation of cooperation? Or is it Rome Statute Article 19(9)? I have just blogged about the possibility of "positive complementarity" in this situation, though I may need to write another post just on this interplay between custody of the accused and challenging the court's jurisdiction. Mark Kersten Jens, I'm interested in this question as well and wouldn't mind seeing some clarity on the subject. I...
20.11.11 | |

11 Aug

...were not susceptible to national appreciation but, still, the Court does not give much deference to the decision of national authorities in the case. Now, I read the reference to complementarity and subsidiarity (in the Supervision of Compliance decision and elsewhere) as a reference to the first part of the control of conventionality doctrine and the one more cleary established in human rights treaties - that is, the obligation of national authorities to ensure that domestic law and judicial decisions are compatible with international human rights obligations as a way...
11.08.14 | |

22 Feb

Will J, The Hague Julian, The government of Uganda has been clear that they are aware that the ICC has to make this decision. I can't find any links right now, but this was stated very clearly by their ambassador here in The Hague earlier this week. Tobias Thienel I would have thought Uganda's move is not directed at removing the ICC's jurisdiction by rescinding the referral, but by reference to the complementarity of ICC jurisdiction. Now that Uganda is apparently willing and able to genuinely prosecute, the argument seems...
22.02.08 | |

13 Sep

...truth (the two usually of a piece): We could, with Hilary Putnam, consider an analogical lesson from the Copenhagen School in physics, specifically, Neils Bohr’s Copenhagen Interpretation, which enables us to appreciate the concept and possibility of complementarity, for "even 'the empirical world,' the would of our experience, cannot be adequately or completely described with just one picture, according to Bohr. Instead, we have to make a 'complementary' use of different classical pictures—wave pictures in some experimental situations, particle pictures in others—and give up the idea of a single picturable...
13.09.09 | |

04 Aug

...nationals are currently engaged in Gaza conflict as members of IDF. 2) a warning from ICC States Parties to its nationals who hold dual Israeli nationality to not actively participate in the Gaza hostilities given the risk of potential investigations. Apart from ICC, the ICC States Parties are also obliged to investigate participation of its nationals as members of IDF. This presents potential fulfilment of the Rome Statute complementarity obligation. Mihai Martoiu Ticu The OTP wrote "the applicants neither exercised the requisite authority, nor were they in possession of 'full...
04.08.14 | |

20 Jun

Dapo Akande has just posted about the Pre-Trial Chamber’s recent conclusion that Art. 95 of the Rome Statute permits Libya to delay surrendering Saif to the Court pending resolution of its admissibility challenge. I don’t want to rehash the general issue; readers can simply check out Dapo’s post and my post here. Instead, I want to focus on the one issue that Dapo acknowledges the Pre-Trial Chamber ignored: namely, whether Art. 89(2) is mere surplusage in light of the PTC’s reading of Art. 95. I say yes; Dapo says no,...
20.06.12 | |

12 May

...from the Saif case and posted about a new law passed by Libya’s National Transitional Council (NTC) granting blanket amnesty to pro-revolution rebels. The (aspiring) Law Professors or Law PhDs/JSDs amongst our readers will undoubtedly be interested in Kevin’s post on Doctors, Professors and (North) American exceptionalism. The ongoing tensions around the Scarborough Shoal in the South China Sea were often featured in this week’s news wraps. Julian Ku analysed what the US’ reaffirmation of its 1951 Mutual Defense Treaty with the Philippines entails. He argued that the treaty’s obligations...
12.05.12 | |

17 Aug

...rejected outright a proposal from Japan to take the dispute about the Dokdo Islands to the International Court of Justice. The Japanese government may review a bilateral currency swap agreement with South Korea. In its territorial dispute with China, Japan has deported 14 Chinese activists that had sailed to the Senkaku/Diaoyu islands. Justice in Conflict has an insightful post about Libya and the ICC regarding the stalemate over Saif and Senussi. An Australian court has decided that a 90-year-old alleged Nazi war criminal cannot be extradited to Hungary. China’s President...
17.08.12 | |

01 Jan

...seal products. We also had many posts on the ongoing Chevron/ Ecuador saga (such as this one), including a roundtable discussion on Chevron/Ecuador and the rise of arbitral power with the American Lawyer’s Michael Goldhaber. International criminal law was also consistently discussed throughout the year, particularly in Kevin’s posts. Examples include posts concerning Seselj (1, 2), Ruto and Kenyatta (1), and the continuing story of Libya, the International Criminal Court and Saif (see, e.g., 1, 2, 3, 4, 5). We also had an ongoing discussion concerning specific direction (such as:...
01.01.14 | |

08 Jun

This week on Opinio Juris, Kevin analyzed the ICC’s Pre-Trial Chamber’s rejection of Libya’s admissibility challenge. He examined the PTC’s analysis of Libya’s inability to prosecute, and expressed surprise that Libya’s failure to provide Saif with defence counsel was evidence of its “inability” instead of “unwillingness”. If you find yourself in Johannesburg next week, you can hear more from Kevin on the admissibility challenge during a lunchtime lecture at the Open Society Initiative for Southern Africa. In other ICC news, Jennifer Trahan argued that Germany’s ratification of the Kampala Amendment...
08.06.13 | |