Search: Complementarity SAIF GADDAFI
10 Jul The EU Whistleblowing Directive and #MeToo: A Missed Opportunity for the Advancement of Gender Equality in the EU (Part II)
...Until 2025, it is up to the discretion of Member States, with the political-cultural barriers such discretion entails, to determine whether to extend whistleblower protection beyond the confines prescribed by the Directive. A note on complementarity In its Proposal, the Commission explained that the Directive’s whistleblowing rules “will run parallel to existing protection in the field of other EU legislation: (i) on equal treatment, which provide for protection against victimisation as a reaction to a complaint or to proceedings aimed at enforcing compliance with this principle and (ii) on protection...
16 Jul The “Cienfuegos Affair” and the Proposal for a New Regional Transnational Criminal Court in Latin America (COPLA)
...Joaquín Guzman Loera (aka “El Chapo”) and Genaro García Luna? Perhaps, not. In a case like Cienfuegos, it is more likely that México and the COPLA would be on a collision course. As such, it is very likely that the creation of the COPLA would reproduce a whole host of issues (and scholarship) that arise in relation to the nature of international courts founded on the principle of complementary (as opposed to those which have jurisdictional primacy, such as the ICTY and ICTR). The Complementarity Conundrum Art 2 COPLA provides...
05 Aug Symposium on The Principle of ne bis in idem in International Criminal Law: Inter-jurisdictional Rules in the Rome Statute
...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...03 Mar How Israel Can (Lawfully) Avoid an ICC Investigation into the West Bank Settlements
...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...
22 Nov The PTC Decisions on Israel’s Legal Challenges to the Arrest Warrants
...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....18 Jul Will Mali Be the First Bensouda-Era Investigation?
...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...