Search: Complementarity SAIF GADDAFI
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...
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,...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...
15 Mar SCSL Symposium: A Legal Legacy that Opens the Way to Justice in Challenging Places and Times–Part I
...the atrocities are committed on the territory of ICC member states, the hybrid approach can be viewed as a form of “complementarity” that avoids taking the situation to The Hague but does not rely on exclusively national trials. It can be a better alternative than a single global court in The Hague that is expensive, distant and easy for local leaders to demonize, and national courts where it can be very hard to properly try powerful actors, particularly if these courts were dysfunctional before the violence and were further disabled...
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...
21 Apr ICC Sanctions Symposium: The Unprecedented Attack Against the ICC Prosecutor–The Pitfalls of Being a National of a ‘Less-Powerful’ State
[Satang Nabaneh is a Post-Doctoral Fellow at the Centre for Human Rights, Faculty of Law, University of Pretoria, and the Founder and Executive Director of Law Hub Gambia. She currently pursues research interests including international human rights law and monitoring mechanisms, democratization in Africa, and Gambian constitutional law.] On September 2, 2020, the Trump administration announced that the United States had designated the International Criminal Court (ICC) Prosecutor, Fatou Bensouda, and the head of the Office of the Prosecutor’s Jurisdiction, Complementarity, and Cooperation Division (JCCD), Phakiso Mochochoko, for sanctions. These...25 Sep Palestine and the ICC: Some Notes on Why It Is Not a Closed Chapter
...we are not facing a possible gap in the Rome Statute? It can be further asked which category the 3 April decision falls in, i.e. on which basis did the Prosecutor actually decide not to open the investigation? Article 53(1) ICC Statute outlines three elements for the Prosecutor to consider in order to decide whether to open the investigation: a) the information available, which must provide a reasonable basis to believe that a crime within the jurisdiction of the Court has been committed; b) the complementarity principle, i.e. that the...13 Jul Events and Announcements: 12 July 2020
...the UN Office of Legal Affairs recently added the following audio lectures to the AVL’s podcast: Professor Concepción Escobar Hernández on “El Tribunal Internacional del Derecho del Mar” (in Spanish) and Professor Sarah Nouwen on “Complementarity” (in English). The Audiovisual Library of International Law is available as a podcast on SoundCloud and can also be accessed through the preinstalled applications in Apple or Google devices, or through the podcast application of your preference by searching “Audiovisual Library of International Law”. If you would like to post an announcement on Opinio...02 Oct Events and Announcements: 2 October 2022
...III: Complementarity: Universal Aspirations Versus Tangible Results · Panel IV: Justice is Interconnected and Does not End with a Sentencing: Reflecting on the Experiences of Victims, Witnesses and the Accused Before the ICC · Panel V: Whose Outreach and to Whom? · Panel VI: The ICC in the Next Five, Ten and 15 Years The leading questions at the heart of this conference are: “What have been the achievements of the ICC, especially in terms of its own goal setting and wider universal aspirations and what...