Search: Complementarity SAIF GADDAFI
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...
21 Apr ICC Sanctions Symposium: The Unprecedented Attack Against the ICC Prosecutor–The Pitfalls of Being a National of a ‘Less-Powerful’ State
[Satang Nabaneh is a Post-Doctoral Fellow at the Centre for Human Rights, Faculty of Law, University of Pretoria, and the Founder and Executive Director of Law Hub Gambia. She currently pursues research interests including international human rights law and monitoring mechanisms, democratization in Africa, and Gambian constitutional law.] On September 2, 2020, the Trump administration announced that the United States had designated the International Criminal Court (ICC) Prosecutor, Fatou Bensouda, and the head of the Office of the Prosecutor’s Jurisdiction, Complementarity, and Cooperation Division (JCCD), Phakiso Mochochoko, for sanctions. These...27 Sep Events and Announcements: 26 September 2021
...human rights law. Since February 2021, she has been serving as the President of the Assembly of States Parties to the Rome Statute of the International Criminal Court. She served as a judge of the ICC between 2010 and 2018, and as President of the ICC between 2015-2018. Prior to serving as a judge at the ICC she also worked in the Office of the Prosecutor at the ICC between 2003-2006 as Chef de Cabinet and later as the first Director of the Jurisdiction, Complementarity and Cooperation Division (2003-2006). Registration...
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...
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...
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...28 Feb Submit to the Harvard International Law Journal!
...my “What Is an International Crime? (A Revisionist History)” article — that will be in print very soon. I have nothing but good things to say about working with the journal. Not surprisingly given the caliber of the students, the journal provides excellent feedback that will make your article better. And if you’re particularly fortunate, HILJ will organise an online symposium about your article. They solicited responses to my “A Sentence-Based Theory of Complementarity” article from Carsten Stahn and Darryl Robinson. And Mia Swart, Astrid Reisinger Coracini, and Alejandro Chehtman...19 Nov Three Complementary Legal Strategies for Accountability: A Momentous Week for the Rohingya
...was established – based partly on the model of standalone international courts for the Balkans and Rwanda – to serve as a permanent international court that could try individuals (much like domestic courts), for international crimes in The Hague. The underlying basis for this court is complementarity, which means that only once domestic remedies are exhausted can an international case be commenced. Again, like the ICJ, states typically need to have signed up to the treaty, the Rome Statute. In the case of the Rohingya, while Myanmar is not a party...17 Jul MH17 Downing Suspects to be Prosecuted Before Dutch Domestic Courts – An Obstacle or an Advantage for International Justice?
...comes to gathering evidence, selection of suspects and conducting fair trials, to avoid duplication and wasting resources. In addition, an investigation by the Dutch national authorities will most likely block any investigation by the ICC by virtue of the latter’s complementarity to national courts of its States Parties. According to this principle, states are primarily responsible for investigating and prosecuting international crimes. The ICC only intervenes if states parties to the Rome Statute of the ICC are unable or unwilling to prosecute individuals’ suspected/accused of the most serious crimes of...