Search: Complementarity SAIF GADDAFI
07 Nov Mapping Asian States’ Position on Crimes Against Humanity Convention Through AALCO Records
...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...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...
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...
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...
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...
18 Jun Symposium on the 1951 Refugee Convention at 75: Resilience in Times of Contestation: The Turbulent Destiny of the Refugee Convention
...country and ask for the substitute protection of another state.” It has become “a remedial or palliative branch of human rights law.” This integrated approach is not confined to human rights. It is grounded in the principle of systemic integration under Article 31(3)(c) of the Vienna Convention of the Law of Treaties and the complementarity model as an alternative to lex specialis. From this stance, the 1951 Convention is not a self-contained instrument; it is a constitutional node in the architecture of public international law. Virtually every branch of the...16 Oct Behavioral International Law: What Is It Good For?
...reference to the work of other colleagues. But it is not difficult to think of other areas of application. Do international and domestic courts, when faced with competing jurisdiction, consider their authority as an endowment? How could this bear on the positive/negative construction of complementarity in the International Criminal Court? Following on the discussion of proportionality – how do decision-makers consider similar concepts under human rights law – e.g., if an offsetting consideration is phrased as a derogation, a limitation or in terms of proportionality? Does the availability bias skew...
29 Oct Trafficking in Persons – the Forgotten International Crime? – Part 1
...example by the US State Department, Human Rights Watch, and the U.N. Panel of Experts on Libya. It remains to be seen if these investigative efforts will lead to concrete charges in the form of an arrest warrant. Yet, trafficking in persons may be more readily prosecuted as an international crime domestically, in states that have the legal machinery to do so. One such state is Uganda – a state that has been to the forefront of complementarity initiatives. It has domesticated the Rome Statute and created a specialized International...23 Sep Sexism in Reporting on the ICC
...her dissenting opinion yesterday. She thought that too much weight was placed on expeditiousness of the proceedings to the expense of Kenya’s sovereign rights and principle of complementarity. She said despite Kenya’s plea for a few months to show additional proof of ongoing investigations, the pre-trial chamber judges led by Judge Ekaterina Trendafilova overlooked these and went on to issue a final decision on the matter within eight weeks of the filing. She said Ekaterina‘s assertions that the proceedings needed to go ahead quickly were misplaced as suspects were neither...