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Search: Complementarity SAIF GADDAFI

11 Sep

...justice actors facing continuing intimidation, death threats and other forms of violence, in particular by non-state actors. As a result, there have been very few investigations and prosecutions of crimes under international law in Libya following the toppling of Gadhafi. In the very handful of cases that have been investigated and prosecuted, serious human rights violations have occurred, including violations of basic fair trial rights. The case against 37 former Gadhafi-era officials, including Muammar Gadhafi’s son Saif Al-Islam and the former head of the intelligence service Abdallah Al-Senussi, both indicted...
11.09.19 | |

20 Jul

...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...
20.07.13 | |

22 Mar

...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....
22.03.13 | |

08 Jun

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...
08.06.13 | |

27 Jul

...referral of the Mavi Marmara incident. In other posts, Kevin welcomed the US State Department’s call on Rwanda to stop supporting the M23 rebels in the eastern DRC; Kristen discussed the most notable points of the ECJ’s most recent judgment in Kadi; and Chris pointed out the NewSpace 2013 Conference that is currently on in Silicon Valley. Finally, Jessica provided daily news wraps, and there was some unintended hilarity courtesy of Google News about Libya’s snail pace on Saif. Many thanks to our guest contributors and have a nice weekend!...
27.07.13 | |

23 Jun

...of the illegal act, the Israeli army personnel released all but two: Thiago Avila and Saif Abu Keshek. The two activists were held under detention for ten days before their release and deportation.  In the second wave of raids, the boats were intercepted 460 km away from Gaza, and 428 unarmed civilians from more than 40 countries were abducted. The treatment of the second wave was harsher than the previous one, and 428 activists were taken by the Israeli naval commandos to Ashdod port, where the detainees were forced into...
23.06.26 | |

17 Aug

...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...
17.08.12 | |

20 Jun

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,...
20.06.12 | |

22 Sep

...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...
22.09.12 | |

01 Jan

...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:...
01.01.14 | |

12 May

...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...
12.05.12 | |

19 Feb

...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...
19.02.14 | |