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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 | |

03 Mar

...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...
03.03.13 | |

22 Nov

...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....
22.11.24 | |

18 Jul

...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...
18.07.12 | |

20 Apr

[Nabil M. Orina is a Postdoctoral Research Fellow at the Centre of Excellence for International Courts (iCourts), Faculty of Law, University of Copenhagen. He holds a PhD from City University of Hong Kong.] President Trump’s sanctions against the Prosecutor of the International Criminal Court (the Court), Fatou Bensouda and the Head of Jurisdiction, Complementarity and Cooperation Division, Phakiso Mochochoko have rightly attracted condemnation from states as well as academic commentary. The sanctions, which have now been revoked underlie a bigger issue in the relationship between the United States of America...
20.04.21 | |

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 | |

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 | |

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 | |