Search: Complementarity SAIF GADDAFI
01 May Reject the Dictator’s Playbook: The Importance of Civil Society and States Supporting the ICC Against Threats by the U.S.
...within its armed forces. Second, under the “complementarity” regime in Article 17 of the Rome Statute, the ICC is a court of last resort. Consequently, any country can avoid ICC proceedings by conducting its own investigations and – if warranted – prosecutions. Rather than trying to obstruct the work of the ICC, the U.S. should commit to thoroughly investigating and, where justified, prosecuting cases related to torture, thereby precluding such cases from appearing on the ICC’s docket. Third, U.S. efforts to obstruct the work of the ICC have backfired in...
22 Aug Emerging Voices: Denationalization, International Justice, and the Principle of Good Faith
...some delegations to the Rome Conference as an initial “act of sovereignty, namely, acceptance of the statute.” It triumphed over the alternative proposals seeking to make the ICC’s jurisdiction conditional upon the express consent of both the territorial State and State of nationality. Essentially, therefore, the Rome Statute ascribes an intention to States Parties to accept in advance the possibility that jurisdiction will be exercised by the ICC over their nationals, subject, of course, to other limitations such as the principle of complementarity. It has been suggested that a state’s...18 Mar The United States Continues its Attacks against the International Criminal Court
...a repudiation of multilateral engagement and a repudiation of the rule of law. Specifically, Secretary Pompeo’s statements were not accompanied by any commitment to investigate and/or prosecute the crimes alleged to have been committed by U.S. nationals (members of the U.S. armed forced and members of the CIA) in Afghanistan—even though some of the crimes have been well-documented by the United States Senate Select Committee on Intelligence. Notably, the U.S.-ICC showdown could be avoided if the United States prosecuted these cases itself. Under the ICC’s complementarity regime, any state that...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....13 Jul Events and Announcements: 12 July 2020
...the UN Office of Legal Affairs recently added the following audio lectures to the AVL’s podcast: Professor Concepción Escobar Hernández on “El Tribunal Internacional del Derecho del Mar” (in Spanish) and Professor Sarah Nouwen on “Complementarity” (in English). The Audiovisual Library of International Law is available as a podcast on SoundCloud and can also be accessed through the preinstalled applications in Apple or Google devices, 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...27 Jan Events and Announcements: 27 January 2020
Jobs The Asia Justice Coalition is pleased to announce two vacancies. The Asia Justice Coalition (AJC) is a network of organizations whose purpose is to promote justice and accountability for gross violations of international human rights law and serious violations of international humanitarian law in Asia, and to contribute to the fulfillment of the rights of victims and their families. Working together based on foundational principles of collaboration, complementarity, independence and transparency, the members of the coalition include Amnesty International, Asia Justice and Rights, Burmese Rohingya Organisation UK, Centre for...
31 Oct Fourth Annual Symposium on Pop Culture and International Law: Fleeing with an Olympic Dream – The Human Right to a Life Project of Forcibly Displaced People Following The Swimmers
...numbers.” Sara Mardini after talking to an immigration officer Complementarity of refugee law with international human rights law is compulsory in the case of the life project, at least under the present legal system. Let us recall that one of James Hathaway’s strongest arguments is that the 1951 Refugee Convention, a child of its days and still the primary source of refugee-specific rights in international law, has an underlying structure for the entitlement of those rights that is hierarchical and discriminatory due to a distinction between citizens and non-citizens, physically...
20 Aug States of Justice Symposium: International Justice as Political Strategy
...African states as victims of a rigged international system. As an IR scholar, I appreciate that the book departs from the premise that international justice is ‘inherently and inextricably political’. By taking power seriously, Ba makes a significant contribution to our understanding of the motivations of states in their interactions with the ICC. He advances the well-rehearsed theoretical arguments on topics including complementarity, heads-of-state immunity and state compliance with international law by using empirical evidence from a plethora of case studies to test how the theory works in practice. Reading...10 Dec Events and Announcements: 10 December 2023
...contributions based on an abstract (max 500 words) that should be sent by 20 December 2023. Abstracts should be submitted with a short bio to lisa.heschl@uni-graz.at. The deadline for submitting the manuscript is end of March 2024. For further information or questions, please email lisa.heschl@uni-graz.at. The ICC as a Justice Hub, Pragmatic Complementarity and Domestic ICL Enforcement: Tilburg Law School, Department of Criminal Law, organizes an international conference on domestic prosecution of international crimes in light of the ICC’s shift from “Apex court to Justice Hub”.The conference will be held...23 Jul AJIL Symposium: Sadat response to Robinson and van Sliedregt
...that need to be adjudicated internationally at the ICC (or elsewhere). Indeed, one of the most interesting developments in international criminal law has been the elaboration of a fairly clear framework for the elaboration of a set of jurisdictional principles – complementarity, gravity, the widespread or systematic nature of the harm, the victim or the harm caused some specific damage to an international interest (i.e., attacks on UN peacekeepers), the shocking nature of the harm, etc. – to sift cases properly before international criminal courts from those properly tried elsewhere....