Search: Complementarity SAIF GADDAFI
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...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....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...
05 Aug Introduction to the Symposium on The Principle of ne bis in idem in International Criminal Law by Gaiane Nuridzhanian
...an excellent discussion of the inter-jurisdictional ne bis in idem rules in Article 20 (2) and (3) of the Rome Statute of the ICC. Dr. Iryna Marchuk, University of Copenhagen, and Dr. Aloka Wanigasuriya, University of Southern Denmark, investigate a topical issue of interaction between ne bis in idem and the principle of complementarity in the context of domestic prosecution of war crimes committed in Ukraine. Dr. Daniel R. Ruhweza of Makerere University in Uganda provides an insightful overview of challenges arising in connection with the application of ne bis...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...
19 Apr Symposium on the ‘Legacy’ of the USA Sanctions against International Criminal Court Prosecutor Ms Fatou Bensouda and Mr Phakiso Mochochoko
...He placed the blame squarely on three individuals: Sam Shoamanesh, the chef de cabinet to the ICC Prosecutor, Phakiso Mochochoko, the head of jurisdiction, complementarity and cooperation division and the Prosecutor herself, Fatou Bensouda. The USA’s contention with the ICC also stemmed from the Prosecutor’s intention to investigate international crimes allegedly committed in the State of Palestine, which potentially implicates citizens of Israel, a long-time ally of the USA. Two months later, then-President of the USA Donald Trump issued Executive Order 13928, which sought to block the properties of certain...30 Dec Special Double Issue on the ICC
Last year, as I was reading an early draft of the agenda for the ICC’s Review Conference in 2010, I asked myself what I would change about the Rome Statute if I was King of the Assembly of States Parties. My answer was that I would amend Article 17, the complementarity provision, to make a case admissible if a national proceeding did not provide the defendant with due process — an issue I had written about before. (You can find the essay here, if you’re interested.) I then wondered what...24 Jul Gacaca’s End and Its Legacy
...not meant for hearing cases of genocide. But somewhere in the process of retrofitting it for mass atrocity, gacaca appears to have lost its core restorative justice defining qualities. In my upcoming article “Complementarity and Alternative Justice” (to be published in the Oregon Law Review), I explore this dilemma in greater depth. I still believe that there is hope for successfully using traditional alternative justice mechanisms to deal with gross human rights violations. For that, a better calibrated hybridization will be necessary. Posterity may not ultimately view gacaca as the...27 Jul Compensating Iraqi Victims of the US Military
...activity during war. (In the case of the UK trial, they are doing so in accordance with the complementarity provisions of the ICC statute.) By additionally compensating victims for criminal killings and for those in which no criminal charges are brought, we convey a sense of responsibility and remorse in terms that are culturally understood. But better to “refresh” training so that fewer mistakes are made in the first place. In the case of detainees, as I argued earlier this week, having clearly defined parameters of treatment — set down...