Search: Complementarity SAIF GADDAFI

...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...

...there was room to discuss rebuilding in the Libyan context through the prism of R2P’s Pillar 2, namely, through providing assistance and capacity-building to post-Gaddafi Libya to ensure safeguarding from the resurgence of mass atrocity crimes. Reflecting more globally, Peake draws attention to an emerging trend on the international scene that seemingly counteracts the post-Charter move towards multilateralism that I describe in the book, namely, ‘shrinking multilateralism and the mounting nationalism’. Peake is spot on that emerging nationalist rhetoric threatens to unravel decades of work in which community interests such...

...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 CIA black site outside of Warsaw allegedly used for the extraordinary rendition of detainees in the “war on terror.” The UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Christof Heyns, has urged the United States to stop the execution of two people with disabilities. Happy 94th birthday to Nelson Mandela! Parties seen as liberal have won the most seats in the first Libyan elections since the overthrow of Gaddafi. An Australian woman has won a multi-million dollar settlement against the Australian distributors of Thalidomide in the 1950s and...

...this week including information about the Kenyan MauMau uprising, the Maylayan Emergency and the evacuation of the Chagos islands, among other things. The former UK Foreign Secretary, Jack Straw, is facing a lawsuit by a Libyan dissident claiming to have been taken to Gaddafi’s Libya under a rendition operation facilitated by MI6. Aung San Suu Kyi will visit Norway and Britain in June this year, in her first foreign trip since 1988. French President Nicholas Sarkozy denies allegations of having sold a nuclear reactor to Muammar Gadaffi’s regime in 2010....

...the Court has been or is being committed”; (2) admissibility is not an issue; and (3) there are no “substantial reasons to believe that an investigation would not serve the interests of justice.” There is no question that the OTP’s request for authorization satisfies requirements 1 and 3, and it cannot seriously be argued that complementarity — the first aspect of the admissibility requirement — counsels against opening the Afghanistan investigation. As the request itself notes, none of the relevant parties (the Afghan government, the US government, and the armed...

[Owiso Owiso is a Doctoral Researcher in Public International Law at the University of Luxembourg.] Those Sanctioned… and Those Not Sanctioned The Office of the Prosecutor (OTP) of the International Criminal Court (ICC) as currently structured has five persons at the helm, the Prosecutor, Deputy Prosecutor and three division directors (investigations; jurisdiction, complementarity and cooperation (JCCD); and prosecutions). Two of these persons, the Prosecutor Ms Fatou Bensouda and Director of JCCD Mr Phakiso Mochochoko, are racialised as Black. They are also the only nationals of African states at the helm...

...far more conservative approach to case selection, the processes of preliminary examination and complementarity means that the Court is not designed to have its success measured purely by the number of cases it completes, but also whether its presence can encourage effective domestic prosecutions, and some may argue serve as a deterrent. A simple data comparison of successful prosecutions to illustrate effectiveness therefore ignores that the ‘objective’ by which effectiveness is measured against, differs between the three organisations. The budget issue is in essence not new, but it is vital...

...the case under Article 17 of the Rome Statute. With regard to complementarity (Art. 53(1)(b) of the Statute), both Georgia and Russia have had sufficient time to undertake national investigations of conflict related crimes – more than 7 years. On the one hand, while the Russian Federation authorities have shown to be willing and able to conduct national proceedings (para. 50), the Court could not conclusively decide on the question regarding their inability to access crucial evidence (para. 46). On the other hand, the Georgian authorities seemed to have been...

...commit the US internationally and Julian found a workaround toward a legally binding solution via a Security Council resolution on the matter. Kevin added a few of his thoughts on the recent domestic conviction by the Ivory Coast of Simone Gbagbo and complementarity at the ICC, and offered a mea culpa on the Israeli attacks on Hezbollah in 2006. Finally, Tom Ruys offered a response to a recent discussion with his guest post on self-defense and non-state actors in the Cold War Era. We saw a lot of discussion on...

...Phase 3 (admissibility requirements – complementarity and gravity pursuant to Article 17), and Phase 4 (interests of justice).  In the OTP’s architecture, Phase 1 is an initial assessment of all information received under Article 15 communications. The main purpose of this phase, as stipulated by the OTP, is to filter out information on crimes that are manifestly outside the jurisdiction of the Court. Indeed, the Experts’ Report recalls “the initial selection of situations occurs before the opening of a PE” (para 636). Nevertheless, in spite of its existence and important...

The Virginia Journal of International Law is delighted to continue its partnership with Opinio Juris this week in this online symposium featuring three pieces recently published by VJIL in Vol. 50:1, available here. On Wednesday, Professor Alexander K.A. Greenawalt, Associate Professor of Law, Pace University School of Law, will discuss Complementarity in Crisis: Uganda, Alternative Justice, and the International Criminal Court. Professor Greenawalt examines the difficult institutional problems faced by the International Criminal Court (ICC or Court) in the context of the Ugandan peace process. In recent years, the government...