Search: Complementarity SAIF GADDAFI
06 Feb The PTC’s Bizarre Request for Additional Information About Afghanistan
...the Court has been or is being committed”; (2) admissibility is not an issue; and (3) there are no “substantial reasons to believe that an investigation would not serve the interests of justice.” There is no question that the OTP’s request for authorization satisfies requirements 1 and 3, and it cannot seriously be argued that complementarity — the first aspect of the admissibility requirement — counsels against opening the Afghanistan investigation. As the request itself notes, none of the relevant parties (the Afghan government, the US government, and the armed...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 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...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...
07 Apr The Growing Imperative to Recognize and Codify Gender Apartheid: Demonstrating the Need and Responding to Critics (Part II)
...Similarly, Professor Bennoune has noted that “the persecution approach fails to adequately implicate the institutionalized and ideological nature of the abuses in question or reflect on the responsibilities of other international actors to respond appropriately.” This argument also fails to recognize the complementarity between gender apartheid and gender persecution. Indeed, the crimes of apartheid and persecution already co-exist in the Rome Statute and, more broadly, in international law. The Taliban’s institutionalized regime of systematic gender-based oppression is similar to the South African apartheid regime, where racial discrimination and the doctrine...