Search: Complementarity SAIF GADDAFI
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...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...
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...
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’...
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...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...
04 Jan A Response to Mariniello About the Palestine Investigation
...the independent and impartial exercise of my mandate under the Rome Statute, with full respect for the principle of complementarity. There is simply no substantive difference between the two statements. Both remind the parties that the Court has jurisdiction over the situation in Palestine. Both mention the possibility of specific crimes being or about to be committed. Both mention the Prosecutor’s concern at at that possibility. Both make clear that the OTP will investigate crimes committed in Palestine when appropriate. Both are, in short, preventive statements. There is, however, a...
25 Jul All Roads Lead to Rome: Strengthening Domestic Prosecutions of Businesses through the Inclusion of Corporate Liability in the Rome Statute
...Several reasons were offered for this non-inclusion. Most notably, it was argued that the proposal to include corporations in the Rome Statute would detract from the focus of the Statute on individual criminal responsibility and that the absence of a recognised standard of corporate responsibility across all states would make the principle of complementarity, the cornerstone of the Rome Statute, unworkable. Twenty years later, is this still the case? The answer offered by this article is two-fold. From a descriptive point of view, it points to signs of a growing...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...