Search: Complementarity SAIF GADDAFI
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...
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...18 Mar The United States Continues its Attacks against the International Criminal Court
...a repudiation of multilateral engagement and a repudiation of the rule of law. Specifically, Secretary Pompeo’s statements were not accompanied by any commitment to investigate and/or prosecute the crimes alleged to have been committed by U.S. nationals (members of the U.S. armed forced and members of the CIA) in Afghanistan—even though some of the crimes have been well-documented by the United States Senate Select Committee on Intelligence. Notably, the U.S.-ICC showdown could be avoided if the United States prosecuted these cases itself. Under the ICC’s complementarity regime, any state that...
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...13 Jul Events and Announcements: 12 July 2020
...the UN Office of Legal Affairs recently added the following audio lectures to the AVL’s podcast: Professor Concepción Escobar Hernández on “El Tribunal Internacional del Derecho del Mar” (in Spanish) and Professor Sarah Nouwen on “Complementarity” (in English). The Audiovisual Library of International Law is available as a podcast on SoundCloud and can also be accessed through the preinstalled applications in Apple or Google devices, or through the podcast application of your preference by searching “Audiovisual Library of International Law”. If you would like to post an announcement on Opinio...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...06 Nov Piecing the Withdrawal Puzzle: May the ICC still open an investigation in Burundi? (Part 2)
...Statute. These include duties vis-à-vis States Parties which, if it had not withdrawn, would have otherwise arisen for the State in question on account of the Court’s exercise of its complementary jurisdiction in respect of the crimes over which that State would normally exercise jurisdiction. The ‘legal situation’ in connection with the Court’s exercise of jurisdiction encompasses, among others, the State Party’s duties to submit oneself to the ICC’s scrutiny as part of the complementarity analysis and to its admissibility determinations, as well as the duty to accept any prospective...
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...