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....
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...
03 Aug Symposium on Ljubljana – The Hague Convention on Mutual Legal Assistance: Critical Reflections – Fulfilling the Potential of this Landmark Treaty
...and civil society (including Parliamentarians for Global Action) have been launched to remedy the ICC’s jurisdictional limitation, whilst the creation of the Special Tribunal has increasingly found itself in a political spotlight. One would think (and hope) that such development would prompt States to properly acknowledge how the limitations relating to jurisdictional issues – procedurally or substantively- may eventually backfire, and only lead to resorting to more cumbersome solutions. Complementarity Laying down rules for an effective State-to-State cooperation, the Convention benefits all States, irrespective of their status to the Rome...