In association with the International Commission of Jurists

Search: Complementarity SAIF GADDAFI

13 Dec

...not just for the reasons of lack of investigations and prosecutions, as well as pardons (for which the recent cases in the UK and USA were referenced). In the nod to complementarity, and the willingness and ability to ensure justice in a domestic system, this seemed a more apt argument to try and stave off International Criminal Court proceedings, not this case at the ICJ. Also, good to remember that military justice of the kind meted out in Myanmar would not meet the requirements of ensuring justice. In a volte-face,...
13.12.19 | |

01 Aug

...never implemented. Moreover, inclusion of actors from these Oblasts ought to extend to actors that favour unity and represent minorities, including Russian-speaking groups opposed to Russia’s role in the conflict or to regional autonomy.  Subnational governance arrangements in Ukraine ought to centre around strong decentralization at the municipal level—in complementarity to a ‘weaker’ asymmetrical arrangement at the regional level—to avoid further deepening divisions along regional lines, which would render any future unity-building more challenging and instead encourage other regions to demand similar levels of self-governance. Moreover, this approach would increase...
01.08.22 | |

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 | |

27 Feb

...to make sueing corporations possible. The same is the case of international treaties. There are no such treaties, because powerful states, such as U.S. don't want their corporations to be sued for human rights violations. In short your argument is like saying that Gaddafi should be tried according to the Libyan law, which he dictated himself, stating that whatever he does or say is the law. Jordan Response... AND there are at least 20 Supreme Court cases that have ALREADY decided that corporations and companies can have duties and rights...
27.02.12 | |

21 May

...does not claim the right to intervene when purely internal violence conforms to IHL or human rights law, but may intervene when it doesn't (see Libya, Kosovo, etc.). Is this evidence of some form customary international combatant or equivalent functional immunity for the state's leaders and armed forces engaged in purely internal armed violence? Do Gaddafi's ICC charges effectively indicate the removal of a functional immunity recognized by customary international law? Again, I am not making an argument here. I am thinking out loud and welcome your thoughts. Some have...
21.05.11 | |

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 | |

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 | |

25 Aug

...is this: Since the National Transitional Council has been recognized as the legitimate government of Libya, does or does not this status imply the designated government is legally responsible for the disorder and atrocities around the country? There are numerous reports coming from the field pointing to crimes perpetrated by the "agents of new government" against civilians – such as murders, robberies, rapes, racist hate crimes (against blacks). Who gets the bill for all of those crimes? – now when Gaddafi is off the map of legal considerations. Thank you....
25.08.11 | |

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 | |