Search: Complementarity SAIF GADDAFI
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...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...
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 Mar Law, Not War: Why Cuba Should Join the International Criminal Court in an Effort to Avert American Aggression
...want to insulate itself from ICC scrutiny and demonstrate good faith with respect to international criminal law, it could immediately release all remaining political prisoners not involved in covert operations for the United States, as it did in January 2025. It could also signal that it will not only join the ICC but also cooperate closely with the Court. History suggests that states that engage in genuine and constructive cooperation with the ICC are rarely targeted by the institution because of the Court’s emphasis on positive complementarity, meaning that the...
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...