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Search: Complementarity SAIF GADDAFI

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 | |