Search: Complementarity SAIF GADDAFI
07 Apr The Growing Imperative to Recognize and Codify Gender Apartheid: Demonstrating the Need and Responding to Critics (Part II)
...Similarly, Professor Bennoune has noted that “the persecution approach fails to adequately implicate the institutionalized and ideological nature of the abuses in question or reflect on the responsibilities of other international actors to respond appropriately.” This argument also fails to recognize the complementarity between gender apartheid and gender persecution. Indeed, the crimes of apartheid and persecution already co-exist in the Rome Statute and, more broadly, in international law. The Taliban’s institutionalized regime of systematic gender-based oppression is similar to the South African apartheid regime, where racial discrimination and the doctrine...
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...27 Jul Compensating Iraqi Victims of the US Military
...activity during war. (In the case of the UK trial, they are doing so in accordance with the complementarity provisions of the ICC statute.) By additionally compensating victims for criminal killings and for those in which no criminal charges are brought, we convey a sense of responsibility and remorse in terms that are culturally understood. But better to “refresh” training so that fewer mistakes are made in the first place. In the case of detainees, as I argued earlier this week, having clearly defined parameters of treatment — set down...24 Jul Gacaca’s End and Its Legacy
...not meant for hearing cases of genocide. But somewhere in the process of retrofitting it for mass atrocity, gacaca appears to have lost its core restorative justice defining qualities. In my upcoming article “Complementarity and Alternative Justice” (to be published in the Oregon Law Review), I explore this dilemma in greater depth. I still believe that there is hope for successfully using traditional alternative justice mechanisms to deal with gross human rights violations. For that, a better calibrated hybridization will be necessary. Posterity may not ultimately view gacaca as the...
19 Apr Symposium on the ‘Legacy’ of the USA Sanctions against International Criminal Court Prosecutor Ms Fatou Bensouda and Mr Phakiso Mochochoko
...He placed the blame squarely on three individuals: Sam Shoamanesh, the chef de cabinet to the ICC Prosecutor, Phakiso Mochochoko, the head of jurisdiction, complementarity and cooperation division and the Prosecutor herself, Fatou Bensouda. The USA’s contention with the ICC also stemmed from the Prosecutor’s intention to investigate international crimes allegedly committed in the State of Palestine, which potentially implicates citizens of Israel, a long-time ally of the USA. Two months later, then-President of the USA Donald Trump issued Executive Order 13928, which sought to block the properties of certain...
26 Jun The Ljubljana-The Hague Convention: Where are we Now?
...for victims in judicial assistance proceedings (Part VI). The Convention is therefore ambitious in its efforts to bolster the ICC complementarity regime and close the loopholes which have enabled perpetrators of international crimes to evade justice in the past. While the ICC Statute’s silence on the obligations of states to enact implementing legislation led to much debate in academic circles, there is no such ambiguity in the Ljubljana-The Hague Convention. In terms of cooperation, which forms the most substantial component of the Treaty and was the impetus behind it, 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...
22 Apr ICC Sanctions Symposium: Between the Institutional and the Intellectual: The ICC-US ‘Sanctions’ Communications and the Irony of Critique
[Rashmi Dharia is a doctoral candidate at Sciences Po Law School, Paris.] As of 2nd April 2021, the Biden administration rescinded the sanctions that had been imposed by Executive Order 13928 of 11th June 2020 and its follow-up on 2nd September 2020 on ICC Prosecutor Fatou Bensouda and the Head of the Jurisdiction, Complementarity and Co-operation Division Mr Phakiso Mochochoko. The US-ICC relationship looks all set to ‘go back’ from manifest and active hostility to garden variety tropes of ‘constructive engagement’ – a story that, despite its baggage, can be...