Search: Complementarity SAIF GADDAFI

...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...

...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...

...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?...

...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...

...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...

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,...

...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!...

...personal immunity. In 2001, the French Court of Cassation ruled against an order by the Court of Appeal of Paris in relation to the Libyan head of state, Muammar Gaddafi’s complicity in the commission of ‘crimes, regardless of [their] gravity’. The Court of second instance further characterized the decision to recommend the investigation of the complaint as a ‘disregard’ of the ‘customary law on the immunity granted to foreign heads of state […] consistently recognized by international society’. Some two years later, when a complaint was lodged by a civil...

Interesting: Today FIDH and LDH filed a criminal complaint, together with an application to join the proceedings as a civil party against persons unknown before the Court in Paris concerning the responsibility of the company Amesys, a subsidiary of Bull, in relation to acts of torture perpetrated in Libya. This complaint concerns the provision, since 2007, of communication surveillance equipment to Gaddafi’s regime, intended to keep the Libyan population under surveillance. Up until now, there has been very little activity in foreign courts seeking to sue or hold companies legally...

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...

...Compared to other instances of allegations against a Head of State, the time between Min Aung Hlaing’s warrant application and issuance is the lengthiest thus far. The issuing of arrest warrants against Putin and Duterte took less than a month, whereas warrants against Gaddafi and Netanyahu took one month and six months respectively. The wait for a warrant for al-Bashir had previously been the longest (eight months). Historically, international criminal prosecution of Heads of State faced significant setbacks. Efforts following the First World War to prosecute the Ottoman Grand Vizier...