Search: Complementarity SAIF GADDAFI
21 Jun Unwilling or Unable? The International Community’s Failure to Hold Israel Accountable for the Ongoing Apartheid in Occupied Palestine
...in the title of this piece. Indeed, it concerns the ICC complementarity principle which entails that states have priority in proceeding with cases within their jurisdiction, and a case is only admissible if a state is unwilling or unable to investigate crimes within the jurisdiction of the Court. By analogy, if the international community as a whole is unable (due to the US veto) or unwilling (considering the blatant double-standard positions of Western States) to hold Israel to account for its ongoing CAH, where can the Palestinians recourse to seek...23 Jun Events and Announcements: 23 June 2024
...(SOAS, University of London), Professor Andrew Williams (University of Warwick, UK) and Dr Dominika Uckiewicz (Pilecki Institute, Warsaw). Such items to be addressed include: lessons learned from the limitations and barriers faced by the UNWCC; the legal treatment of questions of immunity in the work and trials under the UNWCC; the prosecution of international crimes under the UNWCC framework; the right to a fair trial in UNWCC practice; the UNWCC as an early example of complementarity. To register for this event, please click here. For further information, please contact amina.adanan@mu.ie....
05 Mar International Courts and the Ouroboros: Legitimacy in the Age of Populism
...principle of complementarity by disregarding Kenya’s own national investigations. This legal critique of violating the principle of non-intervention helped fuel broader political opposition, with the ICC increasingly depicted as an instrument of Western intervention disproportionately targeting African states. While a motion for mass withdrawal from the Rome Statute ultimately failed within the African Union, the populist reframing of the issue garnered significant domestic support. Formalist legal grievances, therefore, often drive and sustain populist resistance to international courts. For example, the European Court of Human Rights has been criticized for overfitting...
18 May At Best, Some U.S. House and Senate Members Lack Even an Elementary Understanding of the International Criminal Court
...states: “ICC rules prohibit it from prosecuting cases against a country that has a robust judicial system willing and able to prosecute war crimes of its personnel. Therefore, the ICC’s mandate should not supersede Israel’s robust judicial system, including its military justice system.” (emphasis added). The House letter contains similar language claiming that Israel and the US “are both able and willing to carry out investigations and prosecute offenders.” These assertions misstate the Rome Statute’s “complementarity” regime. The ICC does not cede jurisdiction simply because a country “has a robust...13 Oct Libya’s Magic Security Situation and al-Senussi’s Right to Counsel
...if it attributes al-Senussi’s lack of counsel to the “security situation,” therefore, PTC I has absolutely no reason to accept Libya’s assertions that it will be able to provide al-Senussi with counsel prior to trial. And that, of course, is the problem with PTC I’s new “at the time of the admissibility decision” test for complementarity, which I criticized in my previous post. Al-Senussi’s lack of counsel may not threaten his prosecution right now — but it eventually will. And that is true regardless of whether al-Senussi’s lack of counsel...