Search: Complementarity SAIF GADDAFI

Dapo Akande has just posted about the Pre-Trial Chamber’s recent conclusion that Art. 95 of the Rome Statute permits Libya to delay surrendering Saif to the Court pending resolution of its admissibility challenge. I don’t want to rehash the general issue; readers can simply check out Dapo’s post and my post here. Instead, I want to focus on the one issue that Dapo acknowledges the Pre-Trial Chamber ignored: namely, whether Art. 89(2) is mere surplusage in light of the PTC’s reading of Art. 95. I say yes; Dapo says no,...

...seal products. We also had many posts on the ongoing Chevron/ Ecuador saga (such as this one), including a roundtable discussion on Chevron/Ecuador and the rise of arbitral power with the American Lawyer’s Michael Goldhaber. International criminal law was also consistently discussed throughout the year, particularly in Kevin’s posts. Examples include posts concerning Seselj (1, 2), Ruto and Kenyatta (1), and the continuing story of Libya, the International Criminal Court and Saif (see, e.g., 1, 2, 3, 4, 5). We also had an ongoing discussion concerning specific direction (such as:...

...Pre-Trial Chamber to reject Libya’s admissibility challenge against Saif, because his domestic case has seen more systematic due process violations. Kevin was critical of the Obama administration’s decision to no longer list the MEK, aka the People’s Mujahideen Organization of Iran, as a terrorist organisation, noting that the group was found to be involved in plots to assassinate Iranian nuclear scientists only recently. Peter Spiro pointed to the ground-breaking creation of three privatized cities in Honduras, and Robyn Curnow contributed a guest post on the Pussy Riot sentencing, in which...

...that Palestine has secured the support of the Non-Aligned Movement, Arab and Islamic states. Poland has given information over to judges from the European Court of Human Rights regarding the investigation into secret prison sites, allegedly used to interrogate and sometimes torture al-Qaeda suspects, operated by the US on Polish soil. Human Rights Watch has come out with a report detailing US torture and rendition of opponents of former Libyan leader Muammar Gaddafi’s regime (report found here), including using the waterboarding technique on suspects. Columbia has named its team for...

...on after – or perhaps result from – the disappearance of the organisational structure of one or more of the fighting parties. Take, for example, the situation in Libya in the period after the defeat of the Gaddafi regime and the forming of the new government by the rebels. My submission that NIACs end when the level of violence and/or organisation drops below a certain lower threshold, has consequences for the application of IHL and consequently for the protection afforded by IHL. It may be feared that it would lead...

...Statute, “so long as contribution had been agreed upon by the relevant group acting with a common purpose and the suspect prior to the perpetration of the crime.” Hence, liability could also accrue to those who agreed to the cover-up of crimes before they were committed. The possibility of communications cuts as a mode of cover-up is explicitly considered in Gaddafi, and this line of reasoning is likely relevant in the case of Myanmar as well. Courts have made clear that liability under section 25(3)(d) of the Rome Statute does...

Syrian troops are battling rebels around Damascus, trying to halt their advance on the capital. The ICC has demanded the extradition of Libya’s Abdullah al-Senussi to The Hague to face charges of crimes against humanity under Gaddafi’s regime. A UN survey has found that more than $3.9 billion was paid out in bribes in Afghanistan in 2012, amounting to more than double the nation’s domestic revenue. President Obama’s nominee for the director of the CIA, John Brennan, was questioned heavily yesterday during Senate confirmation hearings about drones and torture. As...

...In Egypt, the occupation of Tahrir Square led to the fall of Hosni Mubarak, while in Libya, civil war ended in the capture and assassination of Muammar Gaddafi. Not long after, protests spread far beyond the Arab world. In Kyiv, thousands filled Maidan Square to oppose President Viktor Yanukovych’s decision to suspend an EU Association Agreement in favour of closer ties with Russia, triggering the pro-European Euromaidan movement. In the West, discontent took other forms. The Occupy Wall Street movement denounced growing inequality, corporate influence, and political unaccountability in the...

...approach to hate speech is not a prerequisite to functioning democracy. On the contrary, our European friends would argue that democracy is better served by banning such material. Either way, our exceptionalism on this score doesn’t serve us very well. This isn’t any sort of apology for the killing (especially ugly given Stevens’ dedication to the rebel effort against the Gaddafi regime). In the first instance, it’s a recognition of international realities: do we want to take hits like this so that films like that can be made? In the...

...rarity of capture operations overseas, but outlined other concerns with this approach to counterterrorism. Julian pointed out how China’s understanding of the peaceful settlement of disputes excludes international adjudication. Despite finding much to like in the PTC’s decision in al-Senussi, Kevin was troubled by the inconsistency with the Gaddafi decision on the right to counsel. He also was not impressed by the PTC invoking Libya’s security situation. Finally, Jessica wrapped up the news and listed events and announcements . Many thanks to our guest contributors and have a nice weekend!...

...sea, something that has led to the kind of tragedy described above by 28-year-old Emmanuel. In 2014-2018, Human Rights Watch reported that Italy and the EU committed at least 12 million euros to the migration detention centres despite numerous reports of grave human rights violations. Arrangements of this nature reportedly date back to the Gaddafi era, an endeavour the Global Detention Project described as a  ”multi-million-Euro ‘migration management’ project”. Detention centres are not the solution, let alone in the way in which they currently operate. The fact that Carola Rackete’s...

...the summit instead. Fourteen years before, the ICC issued the first arrest warrant against a sitting head of state, Omar Al Bashir of Sudan. A second arrest warrant against Al Bashir was issued a year later. Al Bashir was the first President ever indicted by the lCC, while Muammar Gaddafi is the second, and Putin is the third. The essay will discuss the various responses of states and regional bodies to the indictments of Al Bashir and Putin including comparing the global south vs global north responses. Are these two...