Search: Complementarity SAIF GADDAFI
30 Oct Huge Win in the Zimbabwe Torture Docket Case
...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...
16 Jan Following the Historic Trial of the 2009 [Stadium] Massacre, Guinea Should Support the Adoption of a United Nations Convention on Crimes Against Humanity
...prosecute and try crimes against humanity under the principle of complementarity (article 17 of the Rome Statute). The future convention follows a similar logic. While it does not create an international court, it will oblige states parties to prevent, prosecute and provide reparation for crimes against humanity. The future convention and the Rome Statute are therefore complementary and mutually reinforcing. Equipping Justice Actors to Protect the Rights of Parties in Trials The Guinean justice system distinguished itself by conducting the trial of the 2009 massacre from start to finish, effectively...
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...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....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...
02 Apr A Powerful Tool for Human Rights, Wrongly Used Against the ICC: The Actual Impact of Sanctions
...them unable to enter into business transactions, move currency between banks, travel freely, or purchase basic goods and services. Despite the global focus on targeting human rights violators, in 2020 the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), based on an Executive Order of former U.S. President Trump, imposed sanctions on personnel from the International Criminal Court. Madame Prosecutor Fatou Bensouda became a specially designated national, or “SDN,” along with Phakiso Mocochoko, head of the Jurisdiction, Complementarity and Cooperation Division at the ICC. These economic sanctions were in...22 Oct Will the Mbeki Report Implicitly Endorse the ICC? (Updated)
...less able to divest the ICC of jurisdiction over Bashir and the others pursuant to the principle of complementarity: Last year the Sudanese government appointed a special prosecutor Nimr Ibrahim Mohamed to look in the Darfur abuses committed since 2003 and promised to bring Ali Kushayb, an alleged Janjaweed militia leader wanted by the ICC, before court. However, to date Kushayb has not been prosecuted and an attempt by the special prosecutor to probe the governor of South Kordofan Ahmed Haroun, also wanted by the ICC, was blocked by the...
30 Dec Honoring the Life and Legacy of Megan Fairlie
...Institute in which she inspired students that they, too, could pursue their passion. Her 2017 lecture, to a packed hall, addressed comparative criminal procedure in mass atrocity trials. Megan was a prolific scholar, having authored scores of law review articles and book chapters. Her main research area was international criminal procedure, particularly questions arising during proceedings before the International Criminal Tribunal for the former Yugoslavia and the International Criminal Court (“ICC”). See full CV here. Megan’s scholarship touched many themes – complementarity, procedure, and judging. One thread that pervaded her...07 Aug Guest Post: More on Morsi’s Shadow on Palestine’s ICC Efforts
...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...22 Dec Scott Horton’s Odd Comment About the ICC
...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...