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Search: Complementarity SAIF GADDAFI

14 May

...I think this serves as one example which shows such how poorly constructed this entire document is. The ICC might have jurisdiction to investigate this alleged 'situation', but there is absolutely no question that it should not commence such an investigation, based primarily on gravity and complementarity arguments. As a side note only quoting IHH and Human Rights Council reports while completely ignoring the Turkel Commission report and the United Nations Palmer Report, shows too just how misguided and politcally-driven this referral really is. Kevin Jon Heller Asaf, I'm not...
14.05.13 | |

02 Aug

...the current limited focus on the Ituri cases but the original self-referral should cover it (of course the ICC would have to mind its Art. 17/18 admissibility p's and q's with respect to complementarity -- especially in light of Congo's intitial indictment in the case). Jacqueline Its never ceases to amaze me how the "pink elephant" in the room is never mentioned! So which legal-latin-lingo should describe the murderous, raping, remorseless thugs that macheted a million people in 1994? Nkunda did not fall out of the sky folks - and...
02.08.09 | |

20 Feb

...whitewash no matter where it occurs. Perhaps the most unfortunate effect of this American-exceptionalism-in-action is that it reduces the prosecutions of lawyers at the Neuremberg tribunals after WWII to a case of victor's justice. Fortunately, however, complementarity principles underlying Spanish universal jurisdiction suggest that the result of Margolis' memo is exactly the opposite of what you suggest: now that the whitewash of high-level torture enablers is near complete, Spanish jurisdictional hurdles have been resolved and international & European arrest warrants may follow. No more vacations on the French Riviera, London...
20.02.10 | |

09 Apr

...in light of complementarity. At the national level, the argument against amnesties for most international crimes is based on the international treaty obligation (Torture Convention, Geneva, Genocide...) to prosecute. I personally feel that we are faced with a certain dose of wishful thinking in this field, especially in the Human Rights case law. I'm working on a draft on this topic, on the issue of fragmentation on the approach to amnesties. Comments welcome. IR Student William Burke-White wrote about the legality of amnesties in relation to human rights abuses back...
09.04.10 | |

24 May

...(?) O'Connell - on the point of national unity and solidarity - thanks for expressing with far more eloquence than I could ever muster those points you made. I had been thinking along those lines, but was failing to put it into words so to speak. Prof Paust - although the US may well be failing in it's aut dedere obligations under international law, when the trend in international criminal justice seems to be the promotion of a culture of accountability at the domestic level, pace the ICC's 'complementarity' doctrine,...
24.05.11 | |

10 Oct

...outreach mechanisms being symptomatic of this. But I really believe it should institutionalize political assessment of its work as part of its work. I certainly know there would be many people willing to take part! Jonathan Tobin I noted in my response to the prompt that much of the work of the ICC needs to center on building legitimacy - perhaps that can be done via complementarity, perhaps not. But the point is that much of the strength of the court will come from deft management of the political dimension....
10.10.11 | |

15 Jun

...complicate matters? The principle of complementarity in this instance seems to have been tactically employed by the Sudanese government to forestall inevitable involvement of the ICC. Do you agree with that assessment? (If an affirmative answer, Professor Heller's latest paper is all the more apposite.) Thank you for whatever time and attention you can devote to these questions. Seamus typo: 'principle of complementarity' (Athough we might find a function for a 'principle of complimentarity' [in the sense of 'given free as a courtesy or favor'] in international law as well!)...
15.06.06 | |

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 | |