Search: Complementarity SAIF GADDAFI
09 May Why Does the United States Continue to Oppose International Courts?
...investigate individual suspects and seek indictments against them as long as they fall under the subject matter jurisdiction defined by the Rome Statute. The ICC’s process is characterized by deferential complementarity. Its primary duty is to ensure that national court systems are given sufficient opportunity to “investigate and prosecute individuals suspected of committing atrocity crimes referred to the Court” (p. 75). The ICC takes initiative only after national courts are unwilling or unable to carry out proper investigations or prosecutions. After all, “the long-term objective is to strengthen the capabilities...
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...14 Oct Guest Post: Do All Roads Lead to Rome? Why Ukraine Resorts to Declarations Rather than Ratification of the Rome Statute
...regarding the repercussions of the ad hoc declarations in particular and ratification as a whole. For example, concerns over the new declaration being in breach of Article 5 of the Minsk II agreement which provides pardon and amnesty to those involved in the conflict in the Donbass region. However, under international law such amnesty has consistently been interpreted as excluding international crimes and gross human rights violations. Therefore, if Ukrainian courts are unable or unwilling to investigate and prosecute such crimes, the ICC’s complementarity principle can be activated, as it...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...
30 Jun Language Matters: The Role of the Presumption of Innocence in Seeking Justice During the Russia-Ukraine Conflict
...meaning of ‘public authority’. Not surprisingly those who are directly involved in the prosecution are included – judges, prosecutors, police, and investigators. However, public authorities are not limited to those who have a direct connection with the criminal case. For example, a member of the ICC Office of the Prosecutor’s Jurisdiction, Complementarity and Cooperation Division was considered a public authority. In national jurisdictions public authorities include people who are legislators and those employed by the government. In international jurisdictions the term can extend to employees of the relevant international court,...
09 Jan From Policy to Practice: Operationalising Environmental Justice
...ambitious vision that could catalyse a long-awaited shift in how the OTP investigates and prosecutes such cases. More importantly perhaps, the Policy has the potential to foster investigations and prosecutions of environmental harm at the domestic level, consistent with the principle of positive complementarity. However, translating this vision into practice at both the national and international levels requires overcoming significant legal, institutional and practical challenges, which the Policy partially acknowledges. Uncharted Legal Territory The current legal landscape remains largely unexplored. Environmental harm often unfolds over years or even decades, crossing...18 Mar The United States Continues its Attacks against the International Criminal Court
...a repudiation of multilateral engagement and a repudiation of the rule of law. Specifically, Secretary Pompeo’s statements were not accompanied by any commitment to investigate and/or prosecute the crimes alleged to have been committed by U.S. nationals (members of the U.S. armed forced and members of the CIA) in Afghanistan—even though some of the crimes have been well-documented by the United States Senate Select Committee on Intelligence. Notably, the U.S.-ICC showdown could be avoided if the United States prosecuted these cases itself. Under the ICC’s complementarity regime, any state that...
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...10 Jan Guest Post: When Should the ICC Call It Quits?
...strategic recommendation has ever been provided to my Office, and neither have there been any discussions resulting in concrete solutions to the problems we face in the Darfur situation.” It seems reasonable to assume that her reference to “the problems we face” includes not only the lack of arrest warrant enforcement, but also the lack of cooperation and denial of access that has plagued the Court’s Darfur investigation. As Sarah Nouwen details in her excellent book on the ICC and complementarity, the Sudanese government has refused all communications with the...