Search: Complementarity SAIF GADDAFI
10 Nov Putting Kleptocrats on Notice
...fact, China’s principal oil production company, CNOOC, completed its first deepwater production rig—destined for use in the South China Sea—in May of this year. Although China is the destination of 12 percent of Equatorial Guinea’s oil exports, it will not be in a position to displace Western oil companies for years to come. The seizure of Teodorín’s assets in the United States is unlikely to speed the departure of the man who, since Gaddafi’s demise, is the longest-surviving dictator in Africa, nor is it likely to spur dramatic progress toward...
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...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...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...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 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...