Search: Complementarity SAIF GADDAFI
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...
17 May Interview: Brigid Laffan on ‘Europe in the World: The Emergence of Collective Power Europe’
...course, the other thing that has emerged from the war, is that the EU can talk about strategic autonomy forever and ever — NATO is the security ‘gateman.’ And what we need to see is a strengthening of the European pillar in NATO, a complementarity between the EU and NATO, cooperation and not rivalry. But the idea of an independent European security strategy — I don’t buy it. Now, of course, that can change depending on who sits in the White House. Because, of course, the big question is the...02 Feb Is the U.S. Ready to Get Engaged with the ICC?
...jurisdiction under the complementarity regime; and • hearings to review and monitor Court performance in order to identify means by which the United States can support the Court consistent with the interests of the United States and the international community and to re-examine whether the U.S. should become a party to the Rome Statute with any appropriate understandings and declarations as other States Parties have done. The Task Force, chaired by Will Taft and Patricia Wald, includes an august group of former jurists, notably Sandra Day O’Connor and Stephen Schwebel,...
14 Jan Remedies in International Law: A Case of Inspiration
...the case forward in the name of their national. However, as the ILC’s 2006 commentaries Arts. 14 and 15 provide, the exhaustion of local remedies, and as such, individuals must go through national processes first, unless an exception applies (ie, domestic remedies are ineffective, inadequate, unavailable). Similar to the principle of complementarity in international criminal law, exhaustion of local remedies is meant to give deference to the place where the dispute arises, on the basis that it is often most efficient to resolve disputes where they occur, and this is...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...10 Nov How the PTC Botched the Ex Parte Request to Investigate Burundi
...persons unless the Pre-Trial Chamber, on the application of the Prosecutor, decides to authorize the investigation. Notice the logical and temporal structure of Art. 18(2). The provision is triggered whenever a notified state asks the OTP to defer its investigation on complementarity grounds. When the OTP receives such a request, the default position is that the OTP “shall defer” to the state’s request. The only way the OTP can avoid deferring is to ask the PTC to authorize the investigation. If the PTC grants the OTP’s request, the investigation can...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...
01 Dec The Nexus of Nuclear Security and Pertinent Armed Conflicts: A Reflection of International Law Applicability in the Ukraine-Russia Conflict
...principle of complementarity has always been active especially between international human rights and international humanitarian law in armed conflict. In the contest of nuclear security vis-à-vis an active armed conflict. Nuclear security should be ensured in times of peace and war. The attack of a nuclear facility in Ukraine by Russia does not negate or eliminate the already existing obligation of the nuclear security regime to ensure protection of nuclear facilities. The amendment to the Convention of Physical Protection of Nuclear Material article 2A(1c) prohibits any sabotage to any nuclear...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...