Search: Complementarity SAIF GADDAFI
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...
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...01 Dec The OTP’s Remarkable Slow-Walking of the Afghanistan Examination
...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”),...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...