Search: Complementarity SAIF GADDAFI
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...
30 Apr Beyond Containment – Confronting Racial Hierarchies in International Law: Designing denial of reparations – Race, the UN Guiding Principles on Internal Displacement and Climate IDPs
...but we both realised the value of our complementarity and, over the years, inched toward one another.” Understanding whether their ‘different but complementary’ personalities influenced the final product of the Guiding Principles is something that a thorough life writing investigation might uncover. Also revelatory are Cohen’s declared views of Deng: “Deng’s position, like that of other representatives and rapporteurs emanating from the Commission on Human Rights, was a voluntary one with only limited human and material resources made available by the UN. Although governments had requested him to undertake a...
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...