Search: Complementarity SAIF GADDAFI
21 Feb US Troops in Iraq: Likely out of Reach of the ICC
...deployment described in Res. 1546 and the letters from the US and Iraqi representatives accompanying that resolution (including the statement in the US letter that the MNF operate in a framework “in which the contributing states have responsibility for exercising jurisdiction over their personnel”) meet the requirement of Art. 16 and preclude ICC jurisdiction. Finally, Art. 17 of the ICC statute requires “complementarity.” That means if a local or national investigation or prosecution of the conduct at issue is taking place, the Court is prohibited from exercising its jurisdiction. The...
30 Jun Language Matters: The Role of the Presumption of Innocence in Seeking Justice During the Russia-Ukraine Conflict
...meaning of ‘public authority’. Not surprisingly those who are directly involved in the prosecution are included – judges, prosecutors, police, and investigators. However, public authorities are not limited to those who have a direct connection with the criminal case. For example, a member of the ICC Office of the Prosecutor’s Jurisdiction, Complementarity and Cooperation Division was considered a public authority. In national jurisdictions public authorities include people who are legislators and those employed by the government. In international jurisdictions the term can extend to employees of the relevant international court,...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...
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...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...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...18 Mar Weekend Roundup: March 11-17, 2019
...Kay and Joshua Kern offered a detailed analysis of the OTP’s recent report on the preliminary examination of the Situation in Palestine, with a particular focus on the complex relationship between domestic civil litigation and the principle of complementarity. Carlos Lopez and Sonia Ost wrapped up the week with an in-depth discussion of the UNCHR’s recent report on oil companies’ complicity in gross human rights abuses in the South Sudan. While the duo supported the UNCHR’s recommendation for the creation of a monitoring body to ensure the equitable sharing of...27 Sep Conflicting Impulses: The Debate on Amnesties in the Case of Uganda’s Thomas Kwoyelo and Beyond
...Constitution and thus null and void. We so find. We order that the file be returned to the court, which sent it with a direction that it must cease the trial of the applicant forthwith.” The importance of the Kwoyelo trial, both legally and politically, is rather obvious. Had Uganda successfully tried and convicted Kwoyelo (and they still might), it would have given the government a plank upon which to build a complementarity challenge to the ICC’s jurisdiction, something the government had expressed interest in doing. However, the spectre of...
13 Jun A Right to Health in the European Union?
...of EU competences in public health is reflected by Article 168 TFEU, which specifies that a ‘high level of human health protection shall be ensured in the definition and implementation of all Union policies and activities’, and allows the EU to take different types of measures depending on what health matter is at stake. More specifically, the EU may take coordination measures under paragraph 2 (to improve the complementarity of Member States’ health services); incentive measures under paragraph 5 (to combat major cross-border health scourges, such as COVID-19); or harmonisation...09 Jun Guest Post: International Criminal Justice and Reconciliation: Beyond the Retributive vs. Restorative Divide (Part 2 of 2)
...complementarity strategies, and education and outreach (e.g., legacy). But improvements might start with a closer look at retributive practices and procedures. 2.1. Reconciliatory potential of retributive justice There is, first of all, a need to reduce practices that undermine the reconciliatory potential of retributive justice. (I) Judicial Management One of the most basic lessons is that criminal courts and tribunals need to complete trials and produce a judicial outcome, in order to have a transformative effect. In existing practice, criticism has focused on the divisive nature of acquittals or dissents....