Search: Complementarity SAIF GADDAFI
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...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...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...22 Jan Harvard International Law Journal/Opinio Juris Symposium for Volume 53(1)
The Harvard International Law Journal is pleased to announce its third online symposium with Opinio Juris. The symposium will begin tomorrow, Monday, January 23 and will run until Thursday, January 26. It features the following line-up: On Monday, Mark Tushnet will respond to David Landau‘s article, The Reality of Social Rights Enforcement. On Tuesday, Darryl Robinson and Carsten Stahn will respond to Kevin Jon Heller’s article, A Sentence-Based Theory of Complementarity. On Wednesday, Carlos Vazquez will respond to David L. Sloss‘ article, Executing Foster v. Neilson: The Two-Step Approach to...
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....
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....