Search: Complementarity SAIF GADDAFI
06 Apr The Advantage for Palestine of a Slow Preliminary Examination
...authorise a formal investigation. Art. 18, which in certain circumstances requires the OTP to defer to state investigations of specific suspects, also does not apply until the OTP has decided to formally investigate (whether proprio motu or on the basis of a state referral). And Art. 19, the basic complementarity provision, does not permit a state to challenge admissibility until there is a specific case pending and does not permit a suspect to challenge admissibility (which includes jurisdiction) until a warrant for his arrest or a summons for his appearance...
10 Mar The Significance of the ICC Appeals Chamber’s Ruling in the Afghanistan Situation
...for the investigation and must try to shield the Court as best as possible from whatever political machinations may be attempted to derail its work. Any country that does not want to see its nationals prosecuted in The Hague but is committed to the rule of law has a simple solution: to investigate and/or prosecute the cases itself (i.e., conduct complementarity), thereby rendering the cases inadmissible before the ICC. The Appeals Chamber suggested that Afghanistan (whose forces are alleged to be implicated in torture) may want to avail itself of...17 Nov McAuliffe on the ICC and “Creeping Cosmopolitanism”
As I was researching a new essay on complementarity, I stumbled across a fantastic article in the Chinese Journal of International Law by Paidrag McAuliffe, a Senior Lecturer at the University of Liverpool School of Law. Here is the abstract of the article, which is entitled “From Watchdog to Workhorse: Explaining the Emergence of the ICC’s Burden-sharing Policy as an Example of Creeping Cosmopolitanism”: Though it was initially presumed that the primary role of the International Criminal Court (ICC) would be a residual one of monitoring and ensuring the fulfilment...14 Mar Bradley Book Symposium: Ingrid Wuerth comments on International Law and War Powers
...power struggles or gaps that have generated state practice that tends to limit immunity, but also that suggests that there may be a complementarity requirement for universal jurisdiction. In a forthcoming article I argue that the intersection between domestic and international law in these areas generates narrow decisions that mediate the competing normative frameworks of accountability on the one hand and sovereign equality on the other. Professor Bradley’s book is a great help for newcomers to the field, but it also provides a balanced overview of the areas it surveys,...
14 Dec Justice as Message Symposium: Message from the Author
...or protest. The type of message may change over time with the evolution of the respective institution. International criminal justice cannot simply be, but is driven by expectations of action (e.g., ‘justice must be done’). Speech act theory (e.g., John Searle) is an important analytical frame to understand practices and institutional discourses. Messaging reaches far beyond the trial as such. Communication is not only an auxiliary activity, but related to the exercise of core functions of justice institutions (Mohammad Zakerhossein). Actions, such as jurisdictional or admissibility determinations (e.g. complementarity), preliminary...12 Nov NYU JILP Symposium: Lopez’ Responses to Comments
...important role in generating consensus among their clients about what relief is appropriate. Response to Naomi Roht-Arriaza Professor Roht-Arriaza offers a carefully considered and thoughtfully crafted commentary that furthers the conversation on the complementarity of collective memory and judicial proceedings. First, she reminds us that not all post-conflict settings are the same and in some localities, communities may be so disrupted that collective memories are not formed. That observation aligns with my own experience working with societies in transition after mass atrocity and I would like to underscore my agreement...15 Jun Greg Gordon on the Review Conference and Aggression
...crime fit within the complementarity regime? (There is an “understanding” appended to the adopted resolution that the aggression amendments “shall not be interpreted as creating the right or obligation to exercise domestic jurisdiction with respect to an act of aggression committed by another State.”) What effect will the amendments have on the prospects for municipal legislation and potential aggression prosecutions down the line? And there are, of course, many other details over which we could quibble. The flood of new scholarship on this issue will soon be upon us. But...16 Jan Guest Post: Keitner–Jones v. United Kingdom and the Individual Responsibility of State Officials
...and civil proceedings seems unjustified, since (as the Chamber acknowledges at para. 207) “[t]here is no doubt that individuals may in certain circumstances also be personally liable for wrongful acts which engage the State’s responsibility.” Unless a Grand Chamber revisits the Jones opinion, it appears likely that, conceptually incoherent as it might be, the law of foreign official immunity will develop for the time being along two tracks: the non-recognition of immunity ratione materiae for international crimes that is a logical corollary of the Rome Statute’s complementarity regime and that...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...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...