Search: Complementarity SAIF GADDAFI
18 Feb Weekday News Wrap: Monday, February 18, 2013
...since the uprising against Gaddafi and Kosovo marking five years of independence. Arusha has given a plot of land to the International Criminal Court for it to build the African Chapter of the International Criminal Court, in a bid to attract international organisations and temper the impact of the ICTR’s depature. The Russian Foreign Affairs Minister has finally returned the call to John Kerry, after keeping him waiting for six days to discuss Syria and North Korea’s recent nuclear test. Venezuela’s Foreign Minister has stated that they are willing to...29 Mar Weekend Roundup: March 22-28, 2014
This week on Opinio Juris, Kevin accused the ICC of fiddling while Libya burns, and relayed news in the Libyan press that Al-Senussi’s and Gaddafi’s trial will start mid-April. He also analysed whether Luis Moreno-Ocampo’s possible representation of LRA victims at the ICC would amount to a conflict of interest. Roger followed up on his earlier post about using trade remedies to enforce arbitration awards to argue that these remedies are WTO compliant. Kristen discussed sanctions against Russia and Julian asked whether the US’ spying on Huawei violates international law....13 Feb Weekday News Wrap: Wednesday, February 13, 2013
The UN has urged Sudan to strengthen human rights efforts with respect to two recently detained political opposition figures. Rebels have captured Syria’s biggest hydro-electric dam and battled army tank units near the center of Damascus. Libya has claimed it is competent to try ex-spy chief under Gaddafi’s regime, Abdullah al-Senussi, though the ICC has called for his extradition to The Hague. The lower house of the French parliament has approved a bill 320-299 to legalize same-sex marriage and allow same-sex couples to adopt children. The UN is hoping to...28 May Rebels in Syria Threaten Genocide Against the Shia
...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...03 Aug Where Can I Get One of Those Swatches?
When I wrote my account of Melinda Taylor and her team’s detention, I somehow missed this gem in the OPCD’s response: 381. The inability of the particular prosecution authorities assigned to the case of Mr. Gaddafi to conduct credible or effective investigations and prosecutions is amply demonstrated by the fact that these same prosecution authorities claimed that an ordinary swatch watch worn by the ICC interpreter, was in fact a ‘spy watch’ (with video or GPS capabilities so hidden that even she and the swatch makers were unaware of them),...23 Aug Can President Romney Put the Lockerbie Bomber on Trial?
Reacting to the still-imminent fall of the Gaddafi regime in Libya, U.S. presidential candidate (and likely future president if you believe these polls) Mitt Romney has called for the extradition of the mastermind of Lockerbie bombing, Abdelbaset Mohmed Ali al-Megrahi, to the United States. The demand raises an interesting dilemma. Megrahi was tried and convicted in a special Scottish tribunal set up specifically for the Lockerbie case. He was serving time, and then released in the belief he was terminally ill. He miraculously recovered, however. In any event, is there...
02 Sep Symposium on Myanmar and International Indifference: A Deeper Dive Into International Criminal Liability for Internet Shutdowns – The Case of Myanmar (Part 2)
...Statute, “so long as contribution had been agreed upon by the relevant group acting with a common purpose and the suspect prior to the perpetration of the crime.” Hence, liability could also accrue to those who agreed to the cover-up of crimes before they were committed. The possibility of communications cuts as a mode of cover-up is explicitly considered in Gaddafi, and this line of reasoning is likely relevant in the case of Myanmar as well. Courts have made clear that liability under section 25(3)(d) of the Rome Statute does...19 Feb Guest Post: Bartels–Temporal Scope of Application of IHL: When do Non-International Armed Conflicts End? Part 2
...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...
12 Jun No Two Cases are the Same
...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...