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Search: Complementarity SAIF GADDAFI

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 | |

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 | |

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 | |

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 | |

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 | |

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 | |

28 Jul

...pardon of accountability in the U.S. domestic setting does not end the discussion. Rather it evidences the failure of complementarity, calling us to seek international tribunals as a solution. I would prefer that the United States not find itself in a situation where it would have its leaders hailed before international criminal tribunals if possible. The United States court system has sufficient independence and neutrality to be able to address criminality at the highest level of the United States in a manner that is both fair and just. Moreover, given...
28.07.08 | |

08 Feb

...avoids prosecuting its own officials and soldier for anything of consequence. It also undermines what is, I think, one of the few legitimate US concerns about the ICC -- namely, that although the Rome Statute is based on the principle of complementarity, the Court has the final say over whether a state is "willing" to prosecute its own nationals. Given how evidently unwilling the US is to do so, the US position seems -- wrongly -- like little more than a demand for the right to act (or not act)...
08.02.08 | |

26 Jun

...judge will assert jurisdiction over something that should be left to the domestic political process of another country" True enough. But in the Spanish example the Courts will only act when no action has been taken by a more appropriate forum (essentially an application of the complementarity principle) and the fact is that, certainly in the China example, no action has been taken at home - not even a "domestic political process/bargain" such as an amnesty or a TRC. That being the case I wonder if exercises of universal jurisdiction...
26.06.09 | |

29 Nov

...easy one not involving complex questions of Complementarity, proportionality etc.. Aeyal Gross Also by the way one can argue the PA won't care much for Hamas people being at the dock, but that could be politically wrong (or right). Zach I have to agree with André. Article 12(3) can only be utilized by non-states parties. However, Palestine could presumably file a declaration first and then ratify the Statute. I don't believe that ratification would nullify the declaration. Another interesting strategy that the Palestinian government could employ is ratification with an...
29.11.12 | |

08 Aug

...the principle of complementarity, has been favoured publicly by the ICC prosecutor who sees the ICC for state parties as a court of last resort. The ICC prosecutor cannot as such investigate these cases as the UK is willing and able to prosecute crimes falling covered by the ICC statute. Thus the decision has much less to do with pro western policy and number of victims.... Matthew Gross I don't think the evidence would bear any prosecutions of US officials in Operation Condor. Those documents so far obtained show little...
08.08.07 | |

15 Jun

...all, I think the U.S. delegation did a credible job of protecting U.S. interests at the conference. Guy2 "All in all, I think the U.S. delegation did a credible job of protecting U.S. interests at the conference" - if one considers US interests as being the interests of impunity, I agree. Why in the world would the US consider prosecuting these crimes according to the complementarity principle as contrary to its interests?! This is something I will never understand. In the medium term (say, 30 years), the US stands to...
15.06.10 | |