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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 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...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 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...
24 Apr Formal Inequality Under the Taliban and the Limits of the ICC’s Afghanistan Case
...state referral, rests on a clear premise: “Afghanistan is not presently carrying out genuine investigations in a manner that would justify a deferral of the Court’s investigations” or warrant deference under the principle of complementarity. In this context, the OTP’s task should not be limited to cataloguing discrete acts of violence. It must also examine whether the governing legal framework itself facilitates a widespread or systematic attack against the civilian population — which, as Professor Miles Jackson has noted, has already been done with respect to the narrower question of...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...
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...09 Apr LJIL Symposium: A Consideration of ‘On the Functions of International Courts: An Appraisal in Light of Their Burgeoning Public Authority’
...democratic rights. In this light, it is worth looking at the rise of international adjudication in the post-Cold-War world along with the increasing attention to the problem of weak and failed states. The decisions of international adjudicators in the international criminal law and human rights law areas often respond directly to political and legal institutional failures or gaps at the level of the state. The authority of international adjudicators thus may be seen as relative to that of other institutions. This is explicitly contemplated by the conception of “complementarity” that...