Search: Complementarity SAIF GADDAFI
05 Aug Introduction to the Symposium on The Principle of ne bis in idem in International Criminal Law by Gaiane Nuridzhanian
...an excellent discussion of the inter-jurisdictional ne bis in idem rules in Article 20 (2) and (3) of the Rome Statute of the ICC. Dr. Iryna Marchuk, University of Copenhagen, and Dr. Aloka Wanigasuriya, University of Southern Denmark, investigate a topical issue of interaction between ne bis in idem and the principle of complementarity in the context of domestic prosecution of war crimes committed in Ukraine. Dr. Daniel R. Ruhweza of Makerere University in Uganda provides an insightful overview of challenges arising in connection with the application of ne bis...14 Oct Guest Post: Do All Roads Lead to Rome? Why Ukraine Resorts to Declarations Rather than Ratification of the Rome Statute
...regarding the repercussions of the ad hoc declarations in particular and ratification as a whole. For example, concerns over the new declaration being in breach of Article 5 of the Minsk II agreement which provides pardon and amnesty to those involved in the conflict in the Donbass region. However, under international law such amnesty has consistently been interpreted as excluding international crimes and gross human rights violations. Therefore, if Ukrainian courts are unable or unwilling to investigate and prosecute such crimes, the ICC’s complementarity principle can be activated, as it...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...
15 Mar SCSL Symposium: A Legal Legacy that Opens the Way to Justice in Challenging Places and Times–Part I
...the atrocities are committed on the territory of ICC member states, the hybrid approach can be viewed as a form of “complementarity” that avoids taking the situation to The Hague but does not rely on exclusively national trials. It can be a better alternative than a single global court in The Hague that is expensive, distant and easy for local leaders to demonize, and national courts where it can be very hard to properly try powerful actors, particularly if these courts were dysfunctional before the violence and were further disabled...
30 Jun Language Matters: The Role of the Presumption of Innocence in Seeking Justice During the Russia-Ukraine Conflict
...meaning of ‘public authority’. Not surprisingly those who are directly involved in the prosecution are included – judges, prosecutors, police, and investigators. However, public authorities are not limited to those who have a direct connection with the criminal case. For example, a member of the ICC Office of the Prosecutor’s Jurisdiction, Complementarity and Cooperation Division was considered a public authority. In national jurisdictions public authorities include people who are legislators and those employed by the government. In international jurisdictions the term can extend to employees of the relevant international court,...
03 Aug Could the OTP Withdraw the Netanyahu and Gallant Arrest Warrants?
...the OTP might give for withdrawing all of the charges against Netanyahu and Gallant. It would be impossible to argue that the law or facts are insufficient to obtain an arrest warrant, because the Pre-Trial Chamber has already granted the Netanyahu and Gallant warrants (and did so unanimously). Similarly, the OTP has repeatedly asserted that the cases against the two suspects are admissible — grave enough to investigate and not barred by (non-existent) domestic proceedings in Israel (complementarity). Withdrawing all the charges against Netanyahu and Gallant, therefore, would require the...25 Aug Events and Announcements: August 25, 2019
...International Law website: Ms Hélène Tigroudja on “Universal and regional systems of protection of human rights: harmonization, complementarity or fragmentation” (in English and French). The Audiovisual Library is also available as a podcast, which can be accessed through the preinstalled applications in Apple or Google devices, through Soundcloud or through the podcast application of your preference by searching “Audiovisual Library of International Law”. If you would like to post an announcement on Opinio Juris, please contact John Heieck at eventsandannouncements [at] gmail [dot] com with a one-paragraph description of your announcement...
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...