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Search: Complementarity SAIF GADDAFI

05 Aug

...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...
05.08.25 | |

01 Dec

...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...
01.12.17 | |

10 Jul

...against humanity, including murder — I cite his case in a recent article as a primary example of why the ICC’s “same conduct” test for complementarity is counterproductive. The traditional defense of Moreno-Ocampo’s decision was that the conscription and enlistment charges were relatively easy to prove, making it likely that the trial would result in a quick and unproblematic conviction. As regular readers know, reality proved to be far messier (see, for example, here and here). I wonder whether Moreno-Ocampo is regretting his decision not to pursue more serious charges…...
10.07.12 | |

19 Aug

...20(3) seems to be little more than a drafting artifact. The bottom line is that there does not seem to be any room in the Rome Statute’s complementarity regime for NSA prosecutions. And that, I would suggest, is precisely as it should be. I realize that there is growing support in the scholarly community for permitting NSAs to play a more formal role in the creation of international law. (See here, for example.) I’m skeptical of that idea, for reasons beyond the scope of this post, but I would hope...
19.08.12 | |

19 Jan

...account the new elements which have emerged in the last eight years, will reconsider the issue under a different light. For sure one major difficulty can be anticipated with regard to the complementarity principle: the circumstance that several military proceedings, and even some criminal investigations, have been taken place in the UK over the last years (see for instance the Baha Mousa Inqury) may be used as an argument to conclude that the UK has a functioning domestic legal and judicial system and therefore no intervention of the ICC is...
19.01.14 | |

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 | |