Search: Complementarity SAIF GADDAFI

...make the law, including the capacity to delegate its jurisdiction to the ICC. (OTP Request, para. 185) Consequently, the Prosecutor herself concluded that the Oslo Accord are “not a question that affects the Court’s jurisdiction.” Yet, she acknowledged that this might become “an issue of cooperation or complementarity.” (Ibid., para. 186) Accordingly, although the Oslo Accords – as ‘special agreement’ – might affect the enforcement jurisdiction of the occupied State (Palestine). Nevertheless, it cannot alter its prescriptive jurisdiction. i.e. the ability to delegate the exercises of its criminal jurisdiction to...

...cost but you must register (you can do that here). The Salzburg Law School is hosting a summer session, Enforcing International Criminal Law Through the Complementarity Regime of the Rome Statute! Demand and Reality, August 5-17, 2012. Applications are due no later than May 15, and the application can be found here. To all ILA members, the 75th Biennial ILA Conference will take place in Sofia, Bulgaria, August 26-30, 2012, and the early-bird deadline has been extended until May 18th. The program can be found here and registration information here....

...to non-cooperation have yielded little in the way of results. Putting the “International” into the ICC, while ensuring a multi-dimensional vision of complementarity Needless to say, the Prosecutor must carry out their role independently of any political interference and without allowing political considerations to play an overriding role when determining case selection or strategy. In the highly politicized context of international criminal justice, however, they must navigate the political realities to get the job done, whilst ensuring that the Court’s sources of funding and cooperation do not determine its outlook...

...of engaging in constructive dialogue with Non-States Parties for strengthening the fight against impunity, and further enhancing the effectiveness and universality of the Court. Among States Parties, only New Zealand adopted a more transparent stance regarding endorsement of the pragmatic significance of dialogue. Signalling certain aspects of the process, this statement described the dialogue as an opportunity for deliberating sensitive issues such as ‘complementarity, prioritisation, universality, and possible amendments.’ While most of the African and Latin American States Parties were silent concerning the dialogue, the State of Palestine expressed their...

...was an unprecedented step by the Prosecutor. In other situations  where civil society and victims have advocated for the ICC prosecutor to exercise preventative complementarity or issues statements of this kind  particularly in desperate contexts of extreme atrocity (including by states parties to the ICC Statute), the court  has not been as forthcoming.  This is likely because of the ICC’s interest in maintaining strong and cooperative relationships with such states and their influential supporters.  With Russia not being party to the Rome Statute of the ICC, the Court presumably does...

...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...

...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...

...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...

...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...

Jobs The Asia Justice Coalition is pleased to announce two vacancies. The Asia Justice Coalition (AJC) is a network of organizations whose purpose is to promote justice and accountability for gross violations of international human rights law and serious violations of international humanitarian law in Asia, and to contribute to the fulfillment of the rights of victims and their families. Working together based on foundational principles of collaboration, complementarity, independence and transparency, the members of the coalition include Amnesty International, Asia Justice and Rights, Burmese Rohingya Organisation UK, Centre for...

...2021; judges later authorized its resumption under Article 18(2), and the Appeals Chamber rejected Venezuela’s attempt to halt the probe – largely through a complementarity lens. Against that procedural backdrop, the public debate can either (i) track what the ICC is legally equipped to assess – Rome Statute elements and responsibility – or (ii) drift into a parallel universe where “narco” enforcement becomes a proxy for accountability. In practice, prosecutorial strategies may choose to foreground political persecution and repression dynamics, while treating corruption and illicit-economy evidence as supporting context rather...

I am currently in Durban, South Africa, co-teaching a fantastic ICL course with my friend (and War and Law blogger) Chris Gevers at the University of KwaZulu-Natal. Durban is a very nice city, with amazing coffee — high praise from someone who lives in Melbourne. I will be spending three days in Cape Town next week, then two days in Johannesburg. On June 13, I’ll be giving a lunchtime lecture at the Open Society Initiative for Southern Africa on Libya’s failed complementarity challenge; any Opinio Juris readers in Johannesburg/Pretoria are...