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...
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...
04 Jan A Response to Mariniello About the Palestine Investigation
...the independent and impartial exercise of my mandate under the Rome Statute, with full respect for the principle of complementarity. There is simply no substantive difference between the two statements. Both remind the parties that the Court has jurisdiction over the situation in Palestine. Both mention the possibility of specific crimes being or about to be committed. Both mention the Prosecutor’s concern at at that possibility. Both make clear that the OTP will investigate crimes committed in Palestine when appropriate. Both are, in short, preventive statements. There is, however, a...
11 Jul The New STCoA: The Good, the Bad, the Curious, and the Terrible
...Statute to deny the Prosecutor proprio motu power full stop — regardless of why Ukraine might not refer a particular suspect to the tribunal. I also believe that giving a state complete primacy over an ICT is unprecedented (for a reason) in the history of international criminal law. Not even the ICC is so subordinated, despite the principle of complementarity, because the Court’s own judges have the final say over whether a case is admissible. Conclusion For too long — more than three years — too many states and scholars...24 Jul Spanish UJ — From Pinochet to Purgatory?
...But the cost may be too great. The lack of safety valves and checks and balances in the Spanish system is problematic. As is the Spanish statute’s disregard for the principle of complementarity – there is no statutory mechanism in place to halt a case when territorial courts have in good faith launched their own investigation or initiated their own prosecution (although there is admittedly a Spanish Constitutional Court ruling to that effect, Spain’s seeming disregard of an Israeli investigation into the Gaza case gives pause). And nothing in the...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...