Search: Complementarity SAIF GADDAFI
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...
05 Nov Justice Under Pressure: Strategic Litigation of Judicial Independence in Europe
...for doing so. The national level limitations enhances the importance of regional and international remedies and venues. Internationally, one challenge is the common reluctance by supranational courts and bodies to condemn systemic failures by their national counterparts. Given the undoubtedly essential role of national courts primary in human rights protection, the emphasis on enabling national systems through positive complementarity and cooperation is perhaps understandable. Regional courts must however retain meaningful and essential oversight, and they have been willing to use it in the face of the evisceration of judicial independence,...
30 Sep The ICC between Delegation Theory and Community Functions: Perils and Opportunities
...functioning of the Court do not rest on a delegation of powers by national states but on the fulfilment of a jus puniendi function at the international level. Importantly, within the ICC system informed by the principle of complementarity, such function shall not be read as securing a ‘primary right’ to punish to states, but as making clear that it is their ‘primary responsibility’ to make ‘sovereignty answerable’ (Stahn, p.447). This is fully in line with public law conceptions of the modern state where sovereignty understood as a ‘system of...
01 Aug Options for a Peace Settlement for Ukraine: Option Paper XII – A Dynamic Political Settlement: Adapting to the Evolving Post-agreement Context
...never implemented. Moreover, inclusion of actors from these Oblasts ought to extend to actors that favour unity and represent minorities, including Russian-speaking groups opposed to Russia’s role in the conflict or to regional autonomy. Subnational governance arrangements in Ukraine ought to centre around strong decentralization at the municipal level—in complementarity to a ‘weaker’ asymmetrical arrangement at the regional level—to avoid further deepening divisions along regional lines, which would render any future unity-building more challenging and instead encourage other regions to demand similar levels of self-governance. Moreover, this approach would increase...
13 Feb Enforcing an AI Moratorium: Lessons from the ICC?
...reasons. As already noted, it demonstrates a model for enforcing international obligations on non-state legal persons. As such, the principles that it has developed are highly relevant to AGI enforcement. The ICC’s fundamental principle of complementarity, for example, could be readily embedded in AGI regulation enforcement, thereby avoiding the need to construct a jurisdiction regime from scratch. Likewise, AI scholars ought to review the sophisticated (and relatively demanding) cooperation arrangements outlined in Part 9 of the Rome Statute. Contraventions of an AI moratorium are likely to involve complex cross-border elements,...
24 Jul About Humanness: Reconceptualizing the Taliban’s Treatment of Afghan Women as a Crime Against Humanity
...it seems that an integration of the Statute providing for universal jurisdiction is the closest to the spirit of the ICC and to the Principle of Complementarity (Article 1) on which the Court is based. Alternatively, serious human rights violations, typically triggering the responsibility of a state rather than individuals, may come under the jurisdiction of the International Court of Justice (ICJ) or regional human rights courts. This jurisdiction can be established through the application of Universal Jurisdiction (UJ), by invoking the breach of erga omnes obligations. There has been...
24 Jul Introducing a Symposium on Ljubljana – The Hague Convention on Mutual Legal Assistance: Critical Reflections
...and strengthens the principle of complementarity. There are legal gaps that this treaty fills, and it is important that we understand the context of these negotiations as well as the outcome. I was privileged to speak at the opening ceremony of the Diplomatic Conference on 15 May, and I highlighted the value of the MLA Treaty: firstly, as an additional tool in the toolbox to tackle impunity; second, its value towards greater international cooperation, globally as well as regionally; third, its relevance to Asia; and last, but not the least,...
08 Sep BHR Symposium: Business and Human Rights in Armed Conflicts—Exclusion of Corporate International Criminal Liability from the Second Draft Treaty
...separation of the responsibilities of natural and legal persons. Contrary to the French proposal (art 23(5) and (6)) to the Rome Statute that was never integrated, the introduction of this provision would contain several advantages. First, it leaves the States satisfied with retaining control over the criminal prosecution of natural persons in accordance with the principle of complementarity. It is worth noting that, to this day, only two corporate directors have ever been prosecuted for their involvement in international war crimes: Guus Kouwenhoven and Van Anraat. Furthermore, this formulation recognizes...