Search: Complementarity SAIF GADDAFI
22 Dec Could Palestine Self-Refer Only the Situation in the West Bank?
...the OTP to investigate in the West Bank, the direct or indirect transfer of the civilian population into occupied territory, thereby ensuring that Israel could not take advantage of the Rome Statute’s principle of complementarity. It’s a creative suggestion — and one that I’ve been hearing with increasing regularity from people sympathetic to the Palestinian cause. (I’ve just returned from a wonderful conference in Tel Aviv, a trip that included giving three different presentations in one day — a new record for me.) But would such a geographically-limited self-referral be...
22 Aug Emerging Voices: Denationalization, International Justice, and the Principle of Good Faith
...some delegations to the Rome Conference as an initial “act of sovereignty, namely, acceptance of the statute.” It triumphed over the alternative proposals seeking to make the ICC’s jurisdiction conditional upon the express consent of both the territorial State and State of nationality. Essentially, therefore, the Rome Statute ascribes an intention to States Parties to accept in advance the possibility that jurisdiction will be exercised by the ICC over their nationals, subject, of course, to other limitations such as the principle of complementarity. It has been suggested that a state’s...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...29 Feb Special JICJ Issue on the Crime of Aggression — And It’s Free!
...The Crime of Aggression and the Resort to Force against Entities in Statu Nascendi , Alexander Wills Judicial Independence at Risk: Critical Issues Raised by Selected Human Rights Organizations regarding the Crime of Aggression, Leonie von Braun and Annelen Micus Par in Parem Imperium Non Habet: The Crime of Aggression and the Complementarity Principle, Beth van Schaack Aggression and Legality: Custom in Kampala, Marko Milanovic What is the Crime of Aggression? Comparing the Jus ad Bellum and the ICC Statute, Mary Ellen O’Connell and Mirakmal Niyazmatov Amending the Amendment Provisions...
20 Jul A Special Issue in the Journal of International Criminal Justice on Sexual Violence in Conflict and Domestic Accountability: Why Now and Why You (and Governments) Should Read It
...stressed the importance of ending impunity “as part of a comprehensive approach to seeking sustainable peace, justice, truth and national reconciliation.” This resolution affirmed the primary responsibility of States to investigate and prosecute crimes occurred in their jurisdictions, reflecting the recently adopted principle of complementarity, underlying the ICC regime. Indeed, this approach represented a shift in expectations: from a period where the implementation of international humanitarian, criminal and human rights law was led by international institutions to a time where national systems of justice are increasingly expected to provide more...
30 Sep Distant Justice Symposium: An Introduction by Phil Clark
...community-based rituals. The book argues that the Court must live up to its own principle of complementarity and show greater deference to African legal and non-legal institutions that – while imperfect (but certainly no more so than the ICC) – are making important strides in addressing serious crimes across the continent. It also shows that the Court’s limited African expertise – believing that a lack of contextual knowledge enhances its neutrality – has left it open to manipulation by African states and other powerful actors. The central concept of ‘distance’...28 May Law of the Sea Symposium: Search and Rescue Operations at Sea – Who is in Charge? Who is Responsible?
...increased human presence lead to the question of the protection of the human element, in particular of the application of human rights at sea. Many scholars have already discussed the application of the relevant human rights treaties at sea, pointing out that the law of the sea, specifically UNCLOS, pursues some community interests, among which the protection of human rights (see a.o. here). Some authors have stressed the complementarity of these two fields of international law (see here). The duty to render assistance can then be considered as the corollary...23 Feb ICC Refuses to Lift LRA Arrest Warrants
...Lord’s Resistance Army, or LRA, rebels in Uganda remain in effect following news Kampala has agreed to set up national courts to handle LRA crimes. “The office of the prosecutor is not a party to the peace process,” the office said in a statement. “The arrest warrants against the LRA commanders were issued by the court and remain in effect.” The ICC’s position is sound, given that Uganda’s national courts cannot possibly satisfy the principle of complementarity. I will explain why in a post in the next couple of days....
28 Mar The Afterlife of a Court: Residuality and Responsibility in Sierra Leone
...the life-cycle, but still one in which the interactive nature of the international and the national need to be calibrated. This renders pertinent the notion of ‘dismissability’ rather than admissibility, to wit, how to balance the international and the national in the winding down, the aging out of institutions, the idea of complementarity in the fade, of the waning of primacy. I was also struck by the idea of the fade as stretched and elongated and, ultimately, entropic. This reminds me of Tithonus, whose wife Eos asked Zeus to grant...