Search: Complementarity SAIF GADDAFI
07 Apr The Role of Business in War: A Different Defense to Corporate Complicity? Part I: The Old Offense
...personnel (e.g., private security), are amplifying their risks. Conclusion The interplay between IHL and ICL is akin to the complementarity between IHRL and IHL. It is clear that all three legal regimes must be considered in tandem to appropriately regulate corporate conduct in conflict-affected areas. It then follows that a failure to integrate IHL into due diligence and other operational policies results in a heightened risk of causing or contributing to harm in the communities in which businesses operate, exposing them to additional operational, legal and financial risks. This is...
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....
24 Jun Delivering on Domestic Justice in Africa for Atrocity Crimes
...especially true as accountability at the national level is touted as the ideal venue for delivering justice wherever possible and given the limited capacity and overloaded docket at the ICC. Of course, under the principle of complementarity, the ICC only steps in where national courts are unwilling or unable to investigate and, as appropriate, to prosecute the most serious international crimes. During the conference, more than a dozen government representatives took the floor one by one to describe their efforts to foster accountability domestically. On a positive note, states are...05 Jul The EU and Migrant Detention in Libya: Complicity Under the Microscope Finally?
...reference the role of the EU as described by the recent communication and relates instead to the actions of warring parties in the country. In her recent update to the UNSC on the situation in Libya, the ICC Prosecutor stated: “I will not hesitate to expand my investigations and potential prosecutions to cover any new instances of crimes falling within the Court’s jurisdiction, with full respect for the principle of complementarity.” Clearly this should include the air strike on the detention centre in Tajoura on 3 July as a war crime,...
26 Nov Limits to Prosecutorial Discretion: The ICC Prosecutor’s Deprioritisation Decision in Afghanistan
...established that the Prosecutor must extend its investigation to all facts and evidence of a situation, the Statute also obliges the Prosecutor to carry out its investigation effectively. The question is whether the Prosecutor’s announcement that it “will remain alive to its evidence preservation responsibilities, to the extent they arise, and promote accountability efforts within the framework of the principle of complementarity” is compatible with the duty to effectively investigate under Article 54(1) of the Rome Statute? Article 21(3) of the Rome Statute provides that the “[t]he application and interpretation...
17 Jun Prosecuting Aggression against Ukraine as an “Other Inhumane Act” before the ICC Part I: Prospects
...rather than establishing a new tribunal would have its advantages. Second, it may considerably limit the evidentiary burden for the Prosecution concerning the potential responsibility of Russia’s leadership. In contrast, other allegations raised these days concerning crimes against civilians, deportations and unlawful attacks may still require a complex linkage analysis in this regard. Third, confirmation of the solidity of the proposed legal construction may also not require long litigation. Subject to the principle of complementarity, it may occur before trial, at arrest warrant level, or through an Article 19(3) request....23 Nov Welcome to the Blogosphere, LieberCode!
My friend Jens Ohlin — Associate Professor of Law at Cornell and one of the very best substantive international criminal law scholars writing today — has started a solo blog, LieberCode. Like his scholarship, the posts are top notch; recent entries address Libya and positive complementarity; the Florence Hartmann saga; targeted killing and citizenship; and the presumption of regularity regarding intelligence reports in Latif. I hope Jens can continue his productivity; running a solo blog can be a thankless endeavor. Check the LieberCode out here. Go now. I’m waiting…...23 Aug The Multilateralist’s Persuasive Defense of the ICC: The U.S. Doesn’t Have to Worry About the ICC, As Long as It Stays Out of the ICC
...Had the U.S. joined the ICC, there is no question in my mind that the U.S. would be subject to numerous ICC investigations related to interrogation policy, Guantanamo, military commissions, targeted killings, and the Iraq and Afghanistan wars. Bush administration folks would be under investigation, but so too would Obama administration folks. If Bosco thinks differently, I would love to hear him explain why. I seriously doubt, for instance, that the principle of complementarity under the ICC statute would have been satisfied in the case of the “torture memos.” Indeed,...02 Nov Call for Papers: ICTY Legacy Conference
...other international courts and tribunals; with a special focus on: how ICTY jurisprudence has influenced national jurisdictions, for instance in the region of the former Yugoslavia; and how domestic law and jurisprudence has informed international justice. Operational Legacy/Complementarity – Challenges faced by the Office of the Prosecutor in investigating and prosecuting conflict-related crimes, including challenges in building leadership cases and obtaining access to evidence; OTP’s capacity building challenges and outcomes; perspectives on operational challenges facing national jurisdictions and potential/demonstrated solutions (including through lessons learned and applied from OTP’s experience). Legacy...