Search: Complementarity SAIF GADDAFI
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...02 Oct Events and Announcements: 2 October 2022
...III: Complementarity: Universal Aspirations Versus Tangible Results · Panel IV: Justice is Interconnected and Does not End with a Sentencing: Reflecting on the Experiences of Victims, Witnesses and the Accused Before the ICC · Panel V: Whose Outreach and to Whom? · Panel VI: The ICC in the Next Five, Ten and 15 Years The leading questions at the heart of this conference are: “What have been the achievements of the ICC, especially in terms of its own goal setting and wider universal aspirations and what...
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...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...25 Sep Palestine and the ICC: Some Notes on Why It Is Not a Closed Chapter
...we are not facing a possible gap in the Rome Statute? It can be further asked which category the 3 April decision falls in, i.e. on which basis did the Prosecutor actually decide not to open the investigation? Article 53(1) ICC Statute outlines three elements for the Prosecutor to consider in order to decide whether to open the investigation: a) the information available, which must provide a reasonable basis to believe that a crime within the jurisdiction of the Court has been committed; b) the complementarity principle, i.e. that the...
11 Dec The ICC, British War Crimes in Iraq and a Very British Tradition
...in 2017, the OTP acknowledged that there was a reasonable basis to believe that war crimes had been committed by UK troops in Iraq. In 2019, another ECCHR submission argued that, according to the principle of complementarity, the OTP should move to open investigations, as the UK had proved unwilling to adequately investigate and prosecute command chain responsibility for its forces’ systematic abuse of detainees in Iraq. With its decision on 9 December 2020, the OTP closes the preliminary examination once again, with the option of further re-opening it if...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...
20 Jul A Special Issue in the Journal of International Criminal Justice on Sexual Violence in Conflict and Domestic Accountability: Why Now and Why You (and Governments) Should Read It
...stressed the importance of ending impunity “as part of a comprehensive approach to seeking sustainable peace, justice, truth and national reconciliation.” This resolution affirmed the primary responsibility of States to investigate and prosecute crimes occurred in their jurisdictions, reflecting the recently adopted principle of complementarity, underlying the ICC regime. Indeed, this approach represented a shift in expectations: from a period where the implementation of international humanitarian, criminal and human rights law was led by international institutions to a time where national systems of justice are increasingly expected to provide more...