In association with the International Commission of Jurists

Search: Complementarity SAIF GADDAFI

07 Nov

...ILC’s work as duplicative and redundant as crimes against humanity is already within the mandate of the ICC. Malaysia based its argument on the understanding that the member States of the Rome Statute have an obligation to domesticate the crimes in their jurisdictions in furtherance of the complementarity principle. Further, the replication of the definition of CAH from the Rome Statute to the Draft Articles was flagged as problematic. (pp. 43 – 44, 129, 2016 Verbatim Record) China questioned the relevance and need for a specialised convention and called out...
07.11.23 | |

01 Dec

...of the Court”; (3) admissibility, which focuses on gravity and complementarity; and (4) interests of justice, whether the OTP should decline to proceed despite jurisdiction and admissibility. The OTP opened its investigation into the situation in Afghanistan in January 2007. Yet only now — nearly seven years later — has the OTP concluded that there is a reasonable basis to believe that crimes were committed there. And what are those crimes? Here is a snippet from the report: 23. Killings: According to the United Nations Assistance Mission in Afghanistan (“UNAMA”),...
01.12.13 | |

25 Aug

...International Law website: Ms Hélène Tigroudja on “Universal and regional systems of protection of human rights: harmonization, complementarity or fragmentation” (in English and French). The Audiovisual Library is also available as a podcast, which can be accessed through the preinstalled applications in Apple or Google devices, through Soundcloud or through the podcast application of your preference by searching “Audiovisual Library of International Law”. If you would like to post an announcement on Opinio Juris, please contact John Heieck at eventsandannouncements [at] gmail [dot] com with a one-paragraph description of your announcement...
25.08.19 | |

21 May

...does not claim the right to intervene when purely internal violence conforms to IHL or human rights law, but may intervene when it doesn't (see Libya, Kosovo, etc.). Is this evidence of some form customary international combatant or equivalent functional immunity for the state's leaders and armed forces engaged in purely internal armed violence? Do Gaddafi's ICC charges effectively indicate the removal of a functional immunity recognized by customary international law? Again, I am not making an argument here. I am thinking out loud and welcome your thoughts. Some have...
21.05.11 | |

11 Feb

...value as the legal arguments of dictators. Whatever Gaddafi or Mubarak said, it was the ultimate legal argument. Joe Response... "Whatever he says is legal." That is a bit much. The book you cited is listed as being published in 1990 on Amazon. The look inside the book backs that up. Is there an earlier edition? Albéniz “If there is anything inconsistent between what I said in a footnote when I was 29 and what I said now" Easy way out. The problem is that many of his inconsistent views...
11.02.12 | |

30 Jun

...a charge, if it has been established by the PTC. Can such a decision even be overruled? In either case, a bit of bad-mouthing from the likes of Gaddafi and indictee Al-Bashir, is not going to be legitimate grounds for an overhaul of a Chamber judgment. Francesco Messineo I think this post conflates individual criminal liability (what the ICC is concerned with) with the finding that a state has committed an internationally wrongful act (something the ICC is not called upon to decide, nor could it be called upon to...
30.06.09 | |

25 Aug

...is this: Since the National Transitional Council has been recognized as the legitimate government of Libya, does or does not this status imply the designated government is legally responsible for the disorder and atrocities around the country? There are numerous reports coming from the field pointing to crimes perpetrated by the "agents of new government" against civilians – such as murders, robberies, rapes, racist hate crimes (against blacks). Who gets the bill for all of those crimes? – now when Gaddafi is off the map of legal considerations. Thank you....
25.08.11 | |

27 Feb

...to make sueing corporations possible. The same is the case of international treaties. There are no such treaties, because powerful states, such as U.S. don't want their corporations to be sued for human rights violations. In short your argument is like saying that Gaddafi should be tried according to the Libyan law, which he dictated himself, stating that whatever he does or say is the law. Jordan Response... AND there are at least 20 Supreme Court cases that have ALREADY decided that corporations and companies can have duties and rights...
27.02.12 | |

13 Aug

...committed by the anti-Gaddafi militias in Libya given that such assistance had a prima facie and "substantial effect on the crime's commission" ? Kevin Jon Heller LO, It's impossible to make a definitive judgment without knowing all the facts, but there is no question the specific-direction would make holding NATO accountable much more difficult. It would not be enough simply to show NATO provided assistance that ended up having a substantial effect on a crime committed by the rebels; you would also have to show that NATO directed the assistance...
13.08.13 | |

11 May

...on other frameworks seems to be a frequent characteristic of government filings - of Kenya previously and of Libya in the Gaddafi and Al Senussi cases. It's not simply a case of bad lawyering - many of these filings are signed by well-established international criminal law and/or public international law figures. Alexander David K charitably commented: "It’s not simply a case of bad lawyering – many of these filings are signed by well-established international criminal law and/or public international law figures." The second part of this assessment is certainly true....
11.05.13 | |

11 Mar

...some brainstorming in reply to Mr Anderson: The recognition by only France shouldn't have an effect on third States, I think. But from Frances point of view, none of Libya's international rights (treaty or customary) can be invoked by Gaddafi's regime any more but instead "the rebels" may raise claims and negotiate with France, render agreements with binding effect on Libya, call upon the ICJ etc. Consequentially, from France's view, providing assistance to the rebells would not amount to a violation of Libya's sovereignty. France might find the arms embargo...
11.03.11 | |

29 Apr

...on the basis of having issued the arrest warrant: http://icc-cpi.int/iccdocs/doc/doc966058.pdf . Another discussion can be found in the decision denying the request of Judge Monageng to be excused in the Gaddafi/Senussi appeals: http://icc-cpi.int/iccdocs/doc/doc1397414.pdf. These decisions concern appeals, so they are admittedly very different from the present case, but the principles are similar. One interesting aside to consider in the present context is article 39 (4): “under no circumstances shall a judge who has participated in the pre-trial phase of a case be eligible to sit on the Trial Chamber hearing...
29.04.13 | |