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Search: Complementarity SAIF GADDAFI

23 Jan

...fully supported by the language of relevant treaties or, it seems, actual state practice. Again, reasonable minds may differ, and it is best to keep an open mind. Having a sound theoretical reason for filling lacunae with a given body of law (either IHL or IHRL) is not the same as establishing that it applies by resort to the actual sources of that law. Because the relevant treaties don't fully resolve the issue, I think state practice is extremely relevant to the IHL/IHRL complementarity issue. Finally, the Deeks article (and...
23.01.12 | |

03 Feb

...so a pity not to use it. But honestly, I'm guessing the major "sin" from the perspective of those objecting to agreements called "Article 98 agreements" as counter to the project of the ICC is the agreements themselves, not subsequent references to them. And I think as a practical matter, the certification isn't really misleading, albeit potentially confusing - US servicemembers are essentially without risk from an assertion of the ICC's jurisdiction - complementarity, prosecutorial discretion, and judicial discretion (or politics, if you prefer) should more than adequately patch up...
03.02.14 | |

24 May

...convention and draft a treaty creating such a tribunal and recommend that states ratify, but the legal authority of the tribunal would derive from the treaty and not the decision of UNGA. In the end, the US would likely be more hesitant to endorse a treaty-created entity that is not bound by complementarity, as the treaty would not need 2/3 of states to adopt for it to have effect and would not want to set this precedent where a handful of states could then use it in the iraq/Afghanistan context....
24.05.14 | |

19 Oct

...unlikely to take the step that the Spanish court has taken. It likely would be a violation of the complementarity doctrine under the Rome Statute. Spain is seeking to domesticate an alleged international violation that occurred in Iraq. On the national level, the normal route in a case such as this would be to have the territorial state (Iraq) prosecute the soldiers, or a court martial by the military justice system of the state in which the soldiers serve. There is some room to argue for Spanish jurisdition under principles...
19.10.05 | |