Search: Complementarity SAIF GADDAFI
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...13 May Weekend Roundup: May 12, 2019
...of its anti-satellite missile system. Yulia Ioffe addressed the ramifications of the termination of the Treaty of Friendship between Russia and Ukraine. Kevin commented on the recent problematic statements made by French Judge at the ICC regarding African member states. Angela discussed the problems associated with delayed prosecution of apartheid-era crimes in South Africa. Craig Martin analyzed the meaning, object, and scope of “lawfare.” And Kevin conducted his own thought experiment on complementarity as it related to the Jordan appeal decision in the ICC. Like I said, it has been...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...
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...