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Search: Complementarity SAIF GADDAFI

15 Apr

...two prosecutorial staffers by name who might be subject to visa restrictions and other punitive measures—the Prosecutor’s Chef de Cabinet and the head of the Jurisdiction, Complementarity, and Cooperation Division (JCCD) (even though neither would likely be involved in any actual investigation were one to materialize)—and threatened to also sanction the family members of ICC personnel. Experienced U.S. diplomats, including several who served under Republican and Democratic Administrations as U.S. Ambassadors-at-Large for War Crimes Issues, along with former Nuremberg Prosecutor Ben Ferencz, immediately decried this startling and counter-productive move, pronouncing...
15.04.20 | |

10 Dec

...this largely as the cross-referencing of cases between the two regional courts. However, one might ask for a greater examination of the use of similar doctrines and practices across not only these courts but also others, as she begins to discuss when addressing subsidiarity, deference, and the ICC principle of complementarity. Here, an examination of the work of the African Court of Human and People’s Rights might have provided an additional comparative perspective, particularly given that court’s broader application of states’ obligations beyond the African Convention. The necessity of the...
10.12.15 | |

08 Dec

...some accountability process has started….There may be a number of political and institutional reasons at play and ideally the court should have an appreciation of these reasons before deciding whether and how to intervene.” Id. A related approach would be to resort to the concept of “complementarity,” associated most notably with the exercise of jurisdiction by the ICC. The question is whether complementarity, deference to domestic processes can be justified where there is no lack of ability or willingness to prosecute but there has been a conscious inclusive democratic decision...
08.12.15 | |

17 Aug

...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...
17.08.20 | |

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 | |

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 | |

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 | |

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 | |