Search: Complementarity SAIF GADDAFI
06 Mar HILJ Symposium: Getting to the Right Answers about Rights
...Gary Goertz and James Mahoney, A Tale of Two Cultures: Qualitative and Quantitative Inquiry in the Social Sciences (2012). We ourselves have been skeptical of the extent of this purported divide, as our prior collective and individual work has sought to integrate the strengths of the two approaches. Professor Christopher Roberts’ thoughtful comments on our article demonstrate, in our view, the basic complementarity of the methodologies. Our article demonstrates a set of statistical relationships that are consistent with the interpretation that we give them: that constitutional and international rights are...
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...
01 Nov While Pursuing International Justice at the ICC, the US and UK Must Ensure Justice at Home
...primary obligation to investigate and prosecute its nationals who commit crimes under international law in Afghanistan, the ICC may not have cause to investigate US citizens. Finally, the ICC must develop a backbone in dealing with powerful countries like the US and UK. The OTP stretched the doctrine of complementarity to its very limits, when it decided that the domestic processes in the UK which led to zero prosecutions, were sufficient to avert an investigation by the court. Similarly, the Court’s decision to “deprioritise” the investigation of the US activities...
21 Apr ICC Sanctions Symposium: How Africa Denied Fatou Bensouda and Phakiso Mochochoko
...short hand for the ICC’s Afghanistan and Palestine situations. On 2 September, 2020, then Secretary of State, Mike Pompeo, exercised this power to designate Prosecutor, Fatou Bensouda and Phakiso Mochochoko, head of the ICC’s Jurisdiction, Complementarity and Co-operation Division (JCCD), making them ineligible for entry clearance into the United States. The designation also froze any assets they may have had in the country and barred them from holding any assets in the US currency. The Trump administration equally threatened similar sanctions on anyone who had any contact or collaboration with...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...
20 May Punishing Atrocities Symposium: Fairness and Accountability in International Criminal Law
...The discussion additionally considers how procedural developments at international tribunals can affect domestic trials for atrocities under the ICC’s complementarity framework. The book then introduces two other dimensions of fairness. One is the use of modes of criminal responsibility that are essential to reaching individuals who do not physically perpetrate crimes, but that also can be applied too expansively. The book discusses, for example, how broad use of modes of liability, such as the ICTY’s application of joint criminal enterprise, can collide with principles of personal responsibility. The other dimension...01 Nov Mbeki Panel Member: We Wanted to Protect Bashir
...they didn’t do a very good job. As the Sudan Tribune notes, the report contains nary a critical word about the ICC or the arrest warrant. And although the report does offer Bashir a “way out” — creating a domestic accountability mechanism that would satisfy the principle of complementarity — its laundry list of needed legal reforms means that, as I have noted before, the likelihood of the Sudanese government creating such a mechanism is precisely zero. By the report’s own logic, therefore, Bashir should face prosecution by the ICC....
26 Jun The Ljubljana-The Hague Convention: Where are we Now?
...for victims in judicial assistance proceedings (Part VI). The Convention is therefore ambitious in its efforts to bolster the ICC complementarity regime and close the loopholes which have enabled perpetrators of international crimes to evade justice in the past. While the ICC Statute’s silence on the obligations of states to enact implementing legislation led to much debate in academic circles, there is no such ambiguity in the Ljubljana-The Hague Convention. In terms of cooperation, which forms the most substantial component of the Treaty and was the impetus behind it, the...