Search: Complementarity SAIF GADDAFI

...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...

...have been paid to shill for delisting — supporting “good” terrorists is, of course, one of the few bipartisan acts still possible in the U.S. — are guilty of providing material support to terrorists, a felony punishable by life in prison. They will never be prosecuted, of course; now that MEK’s history of violence (all of six months old) has been consigned to the memory hole, Obama’s hypocritical “look forward, not backward” mantra automatically applies. BONUS TRIVIA: The MEK’s lobbying firm, Brown Lloyd James, has also worked for Gaddafi and...

This week on Opinio Juris, Kevin Jon Heller wrote about Niger’s offer to extradite Saadi Gaddafi to the ICC, should this be requested. Kevin also discussed the conditions attached by the UK for a vote in favour of Palestine’s “non-member state” bid in the UN General Assembly. The requirement that the Palestinian authority does not apply for ICC or ICJ membership most likely proved to be a dealbreaker, as the UK ultimately abstained. Following the vote, Kevin argued that Palestine can accept the ICC’s jurisdiction retroactively by making a simple...

...EU now investigating alleged subsidies to Chinese manufacturers. Germany, France and the UK have condemned the approval of Israeli settlements in East Jerusalem and the West Bank as an obstacle to realizing a two-state solution. Reuters and the BBC analyse outgoing Chinese President Hu Jintao’s speech at the opening of the 18th Party Congress. The Prosecutor of the ICC, Fatou Bensouda, has urged Libya not to grant amnesty for war crimes committed during last year’s uprising against the Gaddafi regime. Bahrain has revoked the citizenship of 31 activists that have...

...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...

...us all…. From this day forward, Libya is a free, self-governing republic…. She will advance on the road to freedom, the path of unity and social justice, … where injustice and exploitation are banished, … where all will be free, brothers within a society in which, with God’s help, prosperity and equality will … rule us all.” ~ Muammar Gaddafi, September 1, 1969 announcing the coup against the government of King Idris. Just a gentle reminder not to get too excited about the forces of change sweeping the Middle East....

...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...

...no reason to believe, however, that the warrant for al-Werfalli will be any more successful than the ones for Gaddafi and al-Senussi: the LNA has already made clear they will not surrender him to the ICC, and the GNA has zero prospect at present of capturing him. On Wednesday, Rodrigo Duterte, the President of the Philippines, instructed his police to shoot human-rights activists who are “obstructing justice” by investigating his war against (alleged) drug dealers. That war has involved at least 7,000 extrajudicial killings in the past 13 months and...

...victims counsel to know when a matter affecting their interests was being dealt with. The protection of sensitive prosecution material would remain possible through the use of confidential ex parte filings where this is justified for the protection of persons and investigation processes, as noted by the Chamber in Gaddafi & Al Senussi . Ensuring that filings are classified properly from first instance, as ‘confidential’ or ‘confidential ex parte’ as appropriate, would allow a designated counsel to have file access, and put them in a position to address the PTC as...

...are in “difficult” talks with representatives of the European Commission, the European Central Bank and the International Monetary Fund, as Greece was asked once again to cut its spending. The AMICC blog points to a recent report by the Chicago Council on Global Affairs that states 70% of Americans support the US’ joining the International Criminal Court. A recent video shows approximately 20 Syrian soldiers being summarily executed in the northern city of Aleppo. Officials in Muammar Gaddafi’s regime are now on trial in the 1988 Lockerbie bombing case. Hungary...

...to replace the murderous Assad regime. Regime change is not the same thing as regime improvement. Moreover, even if a new regime would be generally better than the Assad regime, that does not mean it would not do terrible things to certain disfavored groups. That is a lesson we should have learned in Libya: although no one is shedding tears for the Gaddafi regime, the new Libyan government has proven all too willing to commit atrocities against groups such as the Tawerghans. Indeed, as I discuss in this essay, there...

...Policy’s piece helps explain why Obama might be a little cold on a meeting. A Libyan judge has suspended the trial of Buzeid Dorda, a top intelligence officer in Gaddafi’s regime, after an appeal of unconstitutionality was entered by the defense. The UN has calculated that the Taliban raked in more than $400 million from various sources last year. US missions in Cairo and Benghazi were attacked yesterday, resulting in the loss of at least one State Department official, after protests broke out regarding a film allegedly offensive to Islam....