Search: Complementarity SAIF GADDAFI

This week on Opinio Juris, Kevin analyzed the ICC’s Pre-Trial Chamber’s rejection of Libya’s admissibility challenge. He examined the PTC’s analysis of Libya’s inability to prosecute, and expressed surprise that Libya’s failure to provide Saif with defence counsel was evidence of its “inability” instead of “unwillingness”. If you find yourself in Johannesburg next week, you can hear more from Kevin on the admissibility challenge during a lunchtime lecture at the Open Society Initiative for Southern Africa. In other ICC news, Jennifer Trahan argued that Germany’s ratification of the Kampala Amendment...

...authority of the Court is to be respected, its orders and requests must be complied with. Further latitude would simply enable Libya to perpetuate its tactics of delay, obfuscation and prevarication and its consistent attempts to mislead the Chamber and the Registry as to its true intentions. Libya’s intentions and actions are very clear. None of this is remotely surprising, of course. But it puts the lie to Libya’s constant claims in Saif’s case to be cooperating fully with the Court. Libya only cooperates when it gets what it wants....

...of the underlying socio-economic conditions. Chelsea Purvis pleaded for more engagement with African human rights law. The Emerging Voices symposium will take a one week break to make space for a symposium on the two lead articles in the latest issue of the American Journal of International Law, starting on Monday. In a guest post, Ozan Varol argued why the Egyptian military’s ouster of President Morsi was not a democratic coup. Kevin updated us on the latest twist in Libya’s efforts to avoid handing over Saif to the ICC. At...

[ Dr. Nafees Ahmad holds a Ph.D. in International Refugee Law and Human Right), and is an Associate Professor at the Faculty of Legal Studies, South Asian University, New Delhi. Saif Ali is an advocate at the Delhi High Court, New Delhi and holds a BALLB, and LL.M (International Law).] The expression “gendered starvation” illustrates how intentional or methodical denial of food, water, and other necessities during armed conflicts excessively impacts people depending on their gender, frequently making the harm experienced by women, girls and other disadvantaged groups  even worse....

...The Hague between the ICC and the Libyan authorities, including their attorney-general, were very constructive.” But he said the release of Taylor, who has been accused of carrying a pen camera and attempting to give Saif Al Islam a coded letter from his former right-hand man, Mohammad Esmail, and her colleagues was some way off. “I think, and I regret to have to say it, that they (Libyan authorities) will need some time to work this through their political system,” he said. Could Carr have handled the situation any worse?...

...the series’ enormous popularity and wide critical acclaim resulted from the fact that it represented the first comprehensive dramatisation of the Nakba, with the explicit aim of documenting and (thereby) preserving Palestinian collective memory by retelling the Nakba story – or stories – from a distinctly Palestinian perspective. This perspective was all the more authentic because the events and characters of the series were based on the Palestinian writer, Walid Saif’s, own family history and the series’ artistic vision was inspired by the director, Hatem Ali’s, own life experiences as...

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,...

...rejected outright a proposal from Japan to take the dispute about the Dokdo Islands to the International Court of Justice. The Japanese government may review a bilateral currency swap agreement with South Korea. In its territorial dispute with China, Japan has deported 14 Chinese activists that had sailed to the Senkaku/Diaoyu islands. Justice in Conflict has an insightful post about Libya and the ICC regarding the stalemate over Saif and Senussi. An Australian court has decided that a 90-year-old alleged Nazi war criminal cannot be extradited to Hungary. China’s President...

...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...

...from the Saif case and posted about a new law passed by Libya’s National Transitional Council (NTC) granting blanket amnesty to pro-revolution rebels. The (aspiring) Law Professors or Law PhDs/JSDs amongst our readers will undoubtedly be interested in Kevin’s post on Doctors, Professors and (North) American exceptionalism. The ongoing tensions around the Scarborough Shoal in the South China Sea were often featured in this week’s news wraps. Julian Ku analysed what the US’ reaffirmation of its 1951 Mutual Defense Treaty with the Philippines entails. He argued that the treaty’s obligations...

...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...