Search: Complementarity SAIF GADDAFI
28 Jul The Oslo Accords and the International Criminal Court’s Jurisdiction in the Situation in the State of Palestine
...make the law, including the capacity to delegate its jurisdiction to the ICC. (OTP Request, para. 185) Consequently, the Prosecutor herself concluded that the Oslo Accord are “not a question that affects the Court’s jurisdiction.” Yet, she acknowledged that this might become “an issue of cooperation or complementarity.” (Ibid., para. 186) Accordingly, although the Oslo Accords – as ‘special agreement’ – might affect the enforcement jurisdiction of the occupied State (Palestine). Nevertheless, it cannot alter its prescriptive jurisdiction. i.e. the ability to delegate the exercises of its criminal jurisdiction to...29 Apr Upcoming Events: April 29, 2012
...cost but you must register (you can do that here). The Salzburg Law School is hosting a summer session, Enforcing International Criminal Law Through the Complementarity Regime of the Rome Statute! Demand and Reality, August 5-17, 2012. Applications are due no later than May 15, and the application can be found here. To all ILA members, the 75th Biennial ILA Conference will take place in Sofia, Bulgaria, August 26-30, 2012, and the early-bird deadline has been extended until May 18th. The program can be found here and registration information here....
13 Apr ICC Prosecutor Symposium: The Appointment of the Next ICC Prosecutor Is Not a Forum for Career Transition
...to non-cooperation have yielded little in the way of results. Putting the “International” into the ICC, while ensuring a multi-dimensional vision of complementarity Needless to say, the Prosecutor must carry out their role independently of any political interference and without allowing political considerations to play an overriding role when determining case selection or strategy. In the highly politicized context of international criminal justice, however, they must navigate the political realities to get the job done, whilst ensuring that the Court’s sources of funding and cooperation do not determine its outlook...
27 Mar Putin Arrest Warrant: International Law and Perceptions of Double Standards
...was an unprecedented step by the Prosecutor. In other situations where civil society and victims have advocated for the ICC prosecutor to exercise preventative complementarity or issues statements of this kind particularly in desperate contexts of extreme atrocity (including by states parties to the ICC Statute), the court has not been as forthcoming. This is likely because of the ICC’s interest in maintaining strong and cooperative relationships with such states and their influential supporters. With Russia not being party to the Rome Statute of the ICC, the Court presumably does...30 Oct Huge Win in the Zimbabwe Torture Docket Case
...subsidiarity…. [T]he principle of non-intervention in the affairs of another country must be observed; investigating international crimes committed abroad is permissible only if the country with jurisdiction is unwilling or unable to prosecute and only if the investigation is confined to the territory of the investigating state. Simply put, we may not investigate or prosecute international crimes in breach of considerations of complementarity and subsidiarity. The second is that there must be “anticipated presence” of the suspect in South Africa (p. 35): The second limiting principle is practicability. Before our...
16 Jan Following the Historic Trial of the 2009 [Stadium] Massacre, Guinea Should Support the Adoption of a United Nations Convention on Crimes Against Humanity
...prosecute and try crimes against humanity under the principle of complementarity (article 17 of the Rome Statute). The future convention follows a similar logic. While it does not create an international court, it will oblige states parties to prevent, prosecute and provide reparation for crimes against humanity. The future convention and the Rome Statute are therefore complementary and mutually reinforcing. Equipping Justice Actors to Protect the Rights of Parties in Trials The Guinean justice system distinguished itself by conducting the trial of the 2009 massacre from start to finish, effectively...30 Oct Canada Charges Rwandan of Genocide
...competing jurisdictions will coordinate their prosecutions remains to be seen. Whether the international criminal tribunals will take cognizance of third country prosecutions as part of their determination of whether to prosecute is uncertain. And whether these third country national courts will adopt the ICC’s approach of complementarity and deference to the primary national court prosecution is even more uncertain. Certainly the Spanish judge that issued an arrest warrant against three American soldiers exonerated by the United States military justice system suggests that in at least some circumstances they will not....
02 Apr A Powerful Tool for Human Rights, Wrongly Used Against the ICC: The Actual Impact of Sanctions
...them unable to enter into business transactions, move currency between banks, travel freely, or purchase basic goods and services. Despite the global focus on targeting human rights violators, in 2020 the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), based on an Executive Order of former U.S. President Trump, imposed sanctions on personnel from the International Criminal Court. Madame Prosecutor Fatou Bensouda became a specially designated national, or “SDN,” along with Phakiso Mocochoko, head of the Jurisdiction, Complementarity and Cooperation Division at the ICC. These economic sanctions were in...10 Nov How the PTC Botched the Ex Parte Request to Investigate Burundi
...persons unless the Pre-Trial Chamber, on the application of the Prosecutor, decides to authorize the investigation. Notice the logical and temporal structure of Art. 18(2). The provision is triggered whenever a notified state asks the OTP to defer its investigation on complementarity grounds. When the OTP receives such a request, the default position is that the OTP “shall defer” to the state’s request. The only way the OTP can avoid deferring is to ask the PTC to authorize the investigation. If the PTC grants the OTP’s request, the investigation can...07 Jun Speaking at OSISA in Johannesburg
I am currently in Durban, South Africa, co-teaching a fantastic ICL course with my friend (and War and Law blogger) Chris Gevers at the University of KwaZulu-Natal. Durban is a very nice city, with amazing coffee — high praise from someone who lives in Melbourne. I will be spending three days in Cape Town next week, then two days in Johannesburg. On June 13, I’ll be giving a lunchtime lecture at the Open Society Initiative for Southern Africa on Libya’s failed complementarity challenge; any Opinio Juris readers in Johannesburg/Pretoria are...