Search: Complementarity SAIF GADDAFI

...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...

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....

...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...

...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...

...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...

...Gaddafi’s forces. In the latest statement on Syria, “responsibility” is notably absent. There is no mention of the 93,000 people killed in the conflict. Rather, the Administration’s statement focuses on the fuzzy “red line” of chemical weapons, not the humanitarian nightmare of the ongoing fighting. Action in Syria will depend, the statement made clear, on the Administration’s assessment of the threat and its appropriate response: “[W]e will make decisions on our own timeline. Any future action we take will be consistent with our national interest, and must advance our objectives….”...

...agrees to unrestricted international oversight over its nuclear facilities. Nicolas Sarkozy’s re-election campaign has been rocked by allegations that his 2007 presidential campaign received financial support from Gaddafi. In an exclusive interview with the Guardian, Dominique Strauss-Kahn explains why he thinks that the public fallout from last year’s Sofitel scandal was orchestrated by his political opponents. In response, President Sarkozy has challenged DSK to take his complaints to court. Mali’s military leaders have rejected ECOWAS’ transition plan and Human Rights Watch is alleging the commission of war crimes by Northern...

...Amendment protection in the United States, and why President Obama couldn’t block the film, even if he wanted to. ECOWAS is gearing up for a tough fight in Mali against Islamist militants in the north of the country. The UN has urged Libya to institute a transitional justice strategy to rebuild and reshape a country influenced by decades of dictatorial rule under Muammar Gaddafi. After the recent meeting with President Morsy of Egypt, Foreign Policy showcases Sudan’s President, Omar Al-Bashir, as the most mobile accused war criminal in the world....

...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!...

...In Egypt, the occupation of Tahrir Square led to the fall of Hosni Mubarak, while in Libya, civil war ended in the capture and assassination of Muammar Gaddafi. Not long after, protests spread far beyond the Arab world. In Kyiv, thousands filled Maidan Square to oppose President Viktor Yanukovych’s decision to suspend an EU Association Agreement in favour of closer ties with Russia, triggering the pro-European Euromaidan movement. In the West, discontent took other forms. The Occupy Wall Street movement denounced growing inequality, corporate influence, and political unaccountability in the...

...illicit activity, rather than as a funding stream for victims. Moreover, like Gaddafi and Libyan assets over a decade ago, hundreds of billions of Russian wealth helped to lubricate financial centres like London, despite security warnings that compromised more robust Western pushback against Putin. With regards to the second issue of victim eligibility, which individuals and groups will be able to access such assets if they are liquidated? In recent weeks the US has split $7 billion of Afghan assets in its jurisdiction after the Taliban took power, with half...

...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...