Search: Complementarity SAIF GADDAFI
13 Oct Critical Reading of Opening Preliminary Examinations in the ICC Independent Experts’ Review
...Phase 3 (admissibility requirements – complementarity and gravity pursuant to Article 17), and Phase 4 (interests of justice). In the OTP’s architecture, Phase 1 is an initial assessment of all information received under Article 15 communications. The main purpose of this phase, as stipulated by the OTP, is to filter out information on crimes that are manifestly outside the jurisdiction of the Court. Indeed, the Experts’ Report recalls “the initial selection of situations occurs before the opening of a PE” (para 636). Nevertheless, in spite of its existence and important...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 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...
01 Nov While Pursuing International Justice at the ICC, the US and UK Must Ensure Justice at Home
...primary obligation to investigate and prosecute its nationals who commit crimes under international law in Afghanistan, the ICC may not have cause to investigate US citizens. Finally, the ICC must develop a backbone in dealing with powerful countries like the US and UK. The OTP stretched the doctrine of complementarity to its very limits, when it decided that the domestic processes in the UK which led to zero prosecutions, were sufficient to avert an investigation by the court. Similarly, the Court’s decision to “deprioritise” the investigation of the US activities...
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...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...21 Feb US Troops in Iraq: Likely out of Reach of the ICC
...deployment described in Res. 1546 and the letters from the US and Iraqi representatives accompanying that resolution (including the statement in the US letter that the MNF operate in a framework “in which the contributing states have responsibility for exercising jurisdiction over their personnel”) meet the requirement of Art. 16 and preclude ICC jurisdiction. Finally, Art. 17 of the ICC statute requires “complementarity.” That means if a local or national investigation or prosecution of the conduct at issue is taking place, the Court is prohibited from exercising its jurisdiction. The...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....