Search: Complementarity SAIF GADDAFI
10 Jan Guest Post: When Should the ICC Call It Quits?
...strategic recommendation has ever been provided to my Office, and neither have there been any discussions resulting in concrete solutions to the problems we face in the Darfur situation.” It seems reasonable to assume that her reference to “the problems we face” includes not only the lack of arrest warrant enforcement, but also the lack of cooperation and denial of access that has plagued the Court’s Darfur investigation. As Sarah Nouwen details in her excellent book on the ICC and complementarity, the Sudanese government has refused all communications with 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...
16 Mar SCSL Symposium: Did the Special Court for Sierra Leone Work?
...national capacity, particularly for our law enforcement and legal professionals, to investigate and, where appropriate, prosecute those alleged to have committed crimes under international law; and it has contributed to restoring confidence in the institutions of State and the rule of law. Capacity building is of critical importance for the principle of complementarity: at the time the Special Court was established, Sierra Leone was willing but unable to address those crimes. We were fortunate to have the support of the international community in establishing the Court to assist us to...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...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...
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...