Search: Complementarity SAIF GADDAFI
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...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....24 Jan Crisis in The Gambia: How Africa is Rewriting Jus ad Bellum
...a few others, have attracted the most attention in scholarship on the law governing the use of force by states. One region that has received lesser attention is Africa. This is unfortunate because recent developments in Africa are challenging some of the cardinal principles of jus ad bellum. The unfolding crisis in The Gambia is one example. Adama Barrow, a real estate developer, defeated long-term incumbent Yahya Jammeh in the presidential election held on December 1st, 2016. Unexpectedly for an eccentric Gaddafi-like authoritarian leader, who vowed to rule The Gambia...11 Sep Weekday News Wrap: Tuesday, September 11, 2012
...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...
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...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...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...
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...
22 Dec Between Sovereignty and Universality: Iran’s Draft Bill on International Crimes in Comparative Perspective
...2025, the Iranian government submitted the IDBIC to the Islamic Consultative Assembly (Majlis) for legislative consideration. The Bill must be situated within this global movement towards the nationalisation of ICL. Its preamble explicitly frames the initiative as a response to the international community’s rejection of impunity for perpetrators of core international crimes, emphasising that the globalisation of ICL—particularly through the adoption of the Rome Statute and its principle of complementarity—has provided the normative basis for national criminalisation. The preamble further grounds the Bill in Islamic and constitutional principles. It highlights...