In association with the International Commission of Jurists

Search: Complementarity SAIF GADDAFI

13 Apr

...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...
13.04.20 | |

27 Mar

...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...
27.03.23 | and |

30 Oct

...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...
30.10.14 | |

30 Oct

...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....
30.10.05 | |

22 Jan

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...
22.01.12 | |

27 Jan

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...
27.01.20 | |

07 Jun

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...
07.06.13 | |

07 Aug

...are not ICC members, and its unlikely the international community would seriously sanction Hamas for failure to cooperate. (It also reflects a poor comprehension of complementarity, which would leave the Palestinians much more open to charges given that they have never investigated, let alone prosecuted, their own war crimes). The Palestinians openly seek to use ICC investigations for diplomatic leverage: “Diplomats say they expect the Palestinian plan to join the ICC and set a war crimes investigation in motion to be one of the bargaining chips on the table in...
07.08.14 | |

22 Dec

...the Court in such a situation. On the contrary, they would almost certainly rely on the principle of complementarity (Article 17 of the Rome Statute) and prosecute the perpetrators themselves, divesting the Court of jurisdiction. And that would be a very good thing: as Moreno-Ocampo pointed out when he was sworn in as the ICC’s prosecutor, “the absence of trials before this Court, as a consequence of the regular functioning of national institutions, would be a major success.” And therein lies the fundamental problem with Scott’s comment. The great powers...
22.12.08 | |

16 Oct

...reference to the work of other colleagues. But it is not difficult to think of other areas of application. Do international and domestic courts, when faced with competing jurisdiction, consider their authority as an endowment? How could this bear on the positive/negative construction of complementarity in the International Criminal Court? Following on the discussion of proportionality – how do decision-makers consider similar concepts under human rights law – e.g., if an offsetting consideration is phrased as a derogation, a limitation or in terms of proportionality? Does the availability bias skew...
16.10.13 | |

29 Apr

...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....
29.04.12 | |

23 Sep

...her dissenting opinion yesterday. She thought that too much weight was placed on expeditiousness of the proceedings to the expense of Kenya’s sovereign rights and principle of complementarity. She said despite Kenya’s plea for a few months to show additional proof of ongoing investigations, the pre-trial chamber judges led by Judge Ekaterina Trendafilova overlooked these and went on to issue a final decision on the matter within eight weeks of the filing. She said Ekaterina‘s assertions that the proceedings needed to go ahead quickly were misplaced as suspects were neither...
23.09.11 | |