Search: Complementarity SAIF GADDAFI
08 Feb Truth, Justice, and the Pragmatic Way
...question about truth commissions, because you can’t say a priori which ones are a reasonable response to the situation, and which ones are a cover-up. It’s going to require extreme care by the prosecutor. There may be some problem there with the capacity to subvert those processes if they are reasonable, and we’ll just have to hope that the institutions within the court take a sensible view about it. But complementarity extends to covering internal processes which don’t necessarily involve prosecutions of individuals, so there’s no reason why the principle...
29 Oct Trafficking in Persons – the Forgotten International Crime? – Part II
...universal jurisdiction and positive complementarity, states are encouraged to domestically investigate and prosecute crimes that have international character, or that would otherwise attract the jurisdiction of international courts. In this respect, states are increasingly passing legislation to permit the prosecution of international crimes in domestic settings, including by setting up specialized tribunals or court divisions with the existing judicial structure of a state. A recent notable example is the Special Criminal Court in the Central African Republic, set up to prosecute crimes in the aftermath of its recent civil war....
18 Jun Symposium on the 1951 Refugee Convention at 75: Its Enduring Role in Human Rights Protection
...UNHCR, OHCHR, States, human rights entities, host communities, and refugees themselves are critical partners in these efforts and will remain so. In December 2023, the PIERR was officially launched in the context of the Global Refugee Forum. The PIERR brings together several independent UN and regional human rights experts to work jointly and consider how to best harness efforts to highlight the complementarity of their various mandates to promote and protect the human rights of asylum-seekers and refugees. The current membership of the PIERR includes several UN Special Procedures mandate...
15 Dec Justice for Children Part 2: What Child-Centered Justice Requires
...child testimony, effectively silencing victims. The discussion emphasized that international stakeholders must collaborate with national counterparts to transform these legal frameworks and enhance complementarity, ensuring that accountability is rooted in communities’ understanding and needs. Local civil-society organizations, deeply embedded in the affected communities, play fundamental roles in ensuring engagement is ethical and effective. Participants described justice not as flowing in one direction but both upwards and downward, from community healing to international adjudication, each reinforcing the other. They repeatedly emphasised that accountability cannot be effective unless it resonates at the...
10 Jun Are the Oslo Accords Still Valid? For the ICC and Palestine, It Should Not Matter
...adhere to treaties, rather than delegation of equivalent jurisdictional titles by the state.” Any other understanding could make way for notable accountability gaps by implying that a state that is unable to exercise jurisdiction over certain parts of its territory would no longer be able to investigate or prosecute perpetrators, or reach out to international jurisdiction. Similarly, this would also render the Rome Statute’s provision on complementarity obsolete. In its response to the amici observations, the OTP argues that any limitation to Palestine’s enforcement jurisdiction arising from Oslo “does not...
21 Aug States of Justice Symposium: A Response
...in fact have common interests and pursue them collaboratively (self-referrals for instance, or the complementarity principle). Cirimwani proposes a “proceduralising” of the “unwilling or unable” as a way out of the complementarity principle conundrum. As it is the case for all procedures, I agree that a clearer guideline on the assessment of the “unwilling and unable” could be useful. K. K. Sithebe argues that “there are gaps […] in texts that are critical of the ICC and/or international criminal justice” – I assume my book fits this mold – in...
15 Apr ICC Prosecutor Symposium: Advice for the Incoming ICC Prosecutor–Engage the U.S. Public Directly
...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...10 Dec Transitional Justice and Judicial Activism Symposium: Comments by Chandra Lekha Sriram
...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...