Search: Complementarity SAIF GADDAFI
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...
31 Aug Symposium on Myanmar and International Indifference: Rethinking Accountability – Centering Accountability in Asia: Universal Jurisdiction, Grave Breaches, and Cautious Optimism
...crimes likely occurs at the same time or shortly after ratification of the Rome Statute thanks to Parties upholding their end of the bargain regarding complementarity. However, Asia still lags behind in Rome Statute ratification (and notably in Genocide Convention ratification), and therefore we, as a region, are also ‘behind’ in incorporating war crimes, crimes against humanity, and genocide into our domestic criminal codes. Limits Regarding Grave Breaches Instead, where international crimes have not been incorporated, it may be more likely to find criminalization of grave breaches of the 1949...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...04 Jun Events and Announcements: 4 June 2023
...Asia to promote and ensure peace and stability. Drawing and reflecting on the statements delivered by States in the Sixth Committee, the discussion will also explore the complementarity of the CAH Convention with the Rome Statute (ICC) and the proposed Mutual Legal Assistance Treaty. For more information and to register, click here. The Forthcoming ICJ Advisory Opinion and the Question of Palestine: On 14 June 2023 at 5 pm Jerusalem time (UTC+3), the Diakonia IHL Centre will host a webinar titled The Forthcoming ICJ Advisory Opinion and the Question of...14 Jan Fifty-Seven Countries Call for Referral of the Syria Situation to the ICC: analysis of the merits of the referral and concerns as to its implementation
...to consist of an entirely new regime, national trials could become vengeful affairs— overzealous prosecutions lacking due process—such as Saddam Hussein’s trial before the Iraqi High Tribunal. If there actually were to be future credible national trials, the referral would have done no harm (it would not supplant good faith national investigations and prosecutions under the “complementarity” provisions of Rome Statute article 17), and in fact could provide incentive for holding national trials. As in all referrals, the referral would be of the “situation” in Syria , so would not...