Search: Complementarity SAIF GADDAFI
18 Apr Weekday News Wrap: Wednesday, April 18, 2012
...this week including information about the Kenyan MauMau uprising, the Maylayan Emergency and the evacuation of the Chagos islands, among other things. The former UK Foreign Secretary, Jack Straw, is facing a lawsuit by a Libyan dissident claiming to have been taken to Gaddafi’s Libya under a rendition operation facilitated by MI6. Aung San Suu Kyi will visit Norway and Britain in June this year, in her first foreign trip since 1988. French President Nicholas Sarkozy denies allegations of having sold a nuclear reactor to Muammar Gadaffi’s regime in 2010....
30 Jun The Early Stages of ICC Proceedings: Why the Court Must Ensure Access to Justice for Victims and Suspects (Part II: The Other Party to ICC Proceedings: The Case for Establishing a Clear Framework on Defence Rights in the Early Stages)
...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...
24 Apr Symposium: The Responsibility to Protect in Libya and Syria–Reflections
...there was room to discuss rebuilding in the Libyan context through the prism of R2P’s Pillar 2, namely, through providing assistance and capacity-building to post-Gaddafi Libya to ensure safeguarding from the resurgence of mass atrocity crimes. Reflecting more globally, Peake draws attention to an emerging trend on the international scene that seemingly counteracts the post-Charter move towards multilateralism that I describe in the book, namely, ‘shrinking multilateralism and the mounting nationalism’. Peake is spot on that emerging nationalist rhetoric threatens to unravel decades of work in which community interests such...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...21 Jul Weekly News Wrap: Monday, July 21, 2014
...remains. Britain’s new Foreign Secretary Philip Hammonds reiterated his position from two years ago that if Britain does not get good renegotiation, it should leave the European Union. A former Libyan Islamist commander who says he suffered years of torture by Muammar Gaddafi’s henchmen after British and U.S. spies handed him over to Libya will try this week to overturn a ruling blocking legal action against the British government. The remains of 284 victims of the Bosnian war were laid to rest on Sunday having been unearthed from what is...24 Aug “Libya Will Advance on the Road to Freedom”
...us all…. From this day forward, Libya is a free, self-governing republic…. She will advance on the road to freedom, the path of unity and social justice, … where injustice and exploitation are banished, … where all will be free, brothers within a society in which, with God’s help, prosperity and equality will … rule us all.” ~ Muammar Gaddafi, September 1, 1969 announcing the coup against the government of King Idris. Just a gentle reminder not to get too excited about the forces of change sweeping the Middle East....08 Nov Weekday News Wrap: Thursday, November 8, 2012
...EU now investigating alleged subsidies to Chinese manufacturers. Germany, France and the UK have condemned the approval of Israeli settlements in East Jerusalem and the West Bank as an obstacle to realizing a two-state solution. Reuters and the BBC analyse outgoing Chinese President Hu Jintao’s speech at the opening of the 18th Party Congress. The Prosecutor of the ICC, Fatou Bensouda, has urged Libya not to grant amnesty for war crimes committed during last year’s uprising against the Gaddafi regime. Bahrain has revoked the citizenship of 31 activists that have...01 Dec Weekend Roundup: November 25-30, 2012
This week on Opinio Juris, Kevin Jon Heller wrote about Niger’s offer to extradite Saadi Gaddafi to the ICC, should this be requested. Kevin also discussed the conditions attached by the UK for a vote in favour of Palestine’s “non-member state” bid in the UN General Assembly. The requirement that the Palestinian authority does not apply for ICC or ICJ membership most likely proved to be a dealbreaker, as the UK ultimately abstained. Following the vote, Kevin argued that Palestine can accept the ICC’s jurisdiction retroactively by making a simple...
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...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...