Search: Complementarity SAIF GADDAFI
23 Sep Symposium Exploring the Crime of Ecocide: Climate Change Crisis in the Pacific–What Role Can International Criminal Law Play?
...international climate change law is not enough to address the climate change crisis. Pacific Island countries should support the criminalizing of ecocide to ensure there is attention to prosecute natural persons and corporate entities that prevent reducing greenhouse gas emissions (see, for example, Taylor and Watts 2019). The ICC has a reserve justice mechanism. It is an institution established to end impunity, premised on the principle of complementarity as stipulated under Article 17 of the Rome Statute. Countries that are State Parties to the Rome Statute have to investigate and...06 Jul How Not to Lie Convincingly About the ICC
...to ‘recruit, coach and fake evidence and witnesses to testify against President Bashir’. You have to admire the skill of the bribers. Judge de Gurmendi didn’t become a judge at the ICC until 2010 — long after the first arrest warrant for al-Bashir was issued. NOTE: Judge de Gurmendi was the head of the Jurisdiction, Complementarity, and Cooperation Division in the OTP from 2003-2006. But nearly four years passed from the end of her tenure to the issuance of the first arrest warrant for Bashir. So my sarcasm above stands....03 Nov Virginia Journal of International Law, Vol. 50-1: Online Symposium
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...
13 Oct Critical Reading of Opening Preliminary Examinations in the ICC Independent Experts’ Review
...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...19 Feb The ICC Is Not Shying Away from the Georgian Challenge
...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...08 Dec African Withdrawals Mask the Real Issue at the Assembly of States Parties 15
...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...
19 Apr ICC Sanctions Symposium: The United States of America, Racism and Sanctions Meet at the International Criminal Court
[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...14 Mar Weekend Roundup: March 8-14, 2015
...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...06 Feb The PTC’s Bizarre Request for Additional Information About Afghanistan
...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...06 Dec Regionalization as a Blessing or as a Curse? The EU and International Criminal Justice
...crucial question is the role of regional organizations in international criminal justice. After the end of the Cold War, institutional development has quickly shifted from domestic to universal approaches. The role of regional institutions has long remained at the periphery. Recently, much attention has been devoted to regionalization in the context of African critiques of international criminal justice, and the Malabo Protocol. While the Protocol has many problems (e.g., in relation to crime base, complementarity or immunities), there seems to be at least some support for the general assumption that...