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Search: Complementarity SAIF GADDAFI

08 Feb

...avoids prosecuting its own officials and soldier for anything of consequence. It also undermines what is, I think, one of the few legitimate US concerns about the ICC -- namely, that although the Rome Statute is based on the principle of complementarity, the Court has the final say over whether a state is "willing" to prosecute its own nationals. Given how evidently unwilling the US is to do so, the US position seems -- wrongly -- like little more than a demand for the right to act (or not act)...
08.02.08 | |

26 Jun

...judge will assert jurisdiction over something that should be left to the domestic political process of another country" True enough. But in the Spanish example the Courts will only act when no action has been taken by a more appropriate forum (essentially an application of the complementarity principle) and the fact is that, certainly in the China example, no action has been taken at home - not even a "domestic political process/bargain" such as an amnesty or a TRC. That being the case I wonder if exercises of universal jurisdiction...
26.06.09 | |

29 Nov

...easy one not involving complex questions of Complementarity, proportionality etc.. Aeyal Gross Also by the way one can argue the PA won't care much for Hamas people being at the dock, but that could be politically wrong (or right). Zach I have to agree with André. Article 12(3) can only be utilized by non-states parties. However, Palestine could presumably file a declaration first and then ratify the Statute. I don't believe that ratification would nullify the declaration. Another interesting strategy that the Palestinian government could employ is ratification with an...
29.11.12 | |

08 Aug

...the principle of complementarity, has been favoured publicly by the ICC prosecutor who sees the ICC for state parties as a court of last resort. The ICC prosecutor cannot as such investigate these cases as the UK is willing and able to prosecute crimes falling covered by the ICC statute. Thus the decision has much less to do with pro western policy and number of victims.... Matthew Gross I don't think the evidence would bear any prosecutions of US officials in Operation Condor. Those documents so far obtained show little...
08.08.07 | |

15 Jun

...all, I think the U.S. delegation did a credible job of protecting U.S. interests at the conference. Guy2 "All in all, I think the U.S. delegation did a credible job of protecting U.S. interests at the conference" - if one considers US interests as being the interests of impunity, I agree. Why in the world would the US consider prosecuting these crimes according to the complementarity principle as contrary to its interests?! This is something I will never understand. In the medium term (say, 30 years), the US stands to...
15.06.10 | |

03 Mar

...complementarity principle? (Which the Ugandan courts do not, at least yet.) Problems like these are why the ICC should not allow self-referrals. Matthew Happold Is the ICC blocking peace in northern Uganda? Much of the blame lies with the Ugandan Government, which referred the situation to the ICC (not least to "internationalise" the conflict and put pressure on the LRA) and for some time now has been saying one thing to the Court and external observers, and another to the LRA and its internal constituency. On the other hand, the...
03.03.08 | |

25 May

Erlend Julian I am certainly no expert on ICL, but regarding your comment as to whether the ICC Statute allows for "substitutions like this"... as the ICC hardly owns the conflict, wouldn't this (hypothetically) rather be a question of complementarity or ne bis in idem from an ICC-point of view? Or possibly a problem of dual jurisdiction (and a possibly very interesting case of fragmentation of IL)?...
25.05.10 | |

19 May

...additional fact that the NTC could consent to use of force to aid in regime chainge at a certain point as well as to collective self-defense, see my new article on the Constitutionality of U.S. Participation in the War in Libya-- http://ssrn.com/abstract=2061835 Much to continue thinking and writing about! Dan Might there be a complementarity issue here as well? Wouldn't you also have to look at whether the alleged NATO crimes were investigated by NATO itself? If the prosecutor was satisfied that NATO policed itself satisfactorily, he need not investigate...
19.05.12 | |

15 Feb

...widespread or systematic attack and the requisite state policy. 3. I don't think Australia would ever withdraw from the ICC. The reputational costs would be too great and wouldn't stop prosecutions anyway. Far more likely, Australia would investigate the ICC suspects itself and invoke the principle of complementarity. Thanks for the questions! Patrick S. O'Donnell I am one of those most grateful we have international law scholars (like Kevin) that have abiding and principled concern for questions of due process, human rights, and international criminal law norms. In the U.S....
15.02.17 | |

06 Aug

...the MNF. And keep in mind that ICC jurisdiciton is subject to the principle of complementarity. I have a lot of issues with the idea of a permanent international prosecutorial function. But if Iraq is going to join the community of nations, signing up to the ICC is a relatively low cost way of expressing its commitment to accountability for war crimes and crimes against humanity.Peggy Andreas Paulus Peggy,I would not be so certain that any of your arguments holds. If there is a SOFA at all, it is questionable...
06.08.05 | |

18 Apr

...the ICC could only prosecute crimes in States which have themselves provided for the prosecution of the crime. Hardly the will of the drafters… 2) at the other extreme, it would mean that any State having implemented universal jurisdiction could make a 12(3) declaration. Criminal jurisdiction is only relevant when it comes to complementarity and whoever claims that it is relevant for article 12 needs to show me through what magic the two criteria of 12(2) (territory and nationality) suddenly became three..." http://dovjacobs.com/2010/07/05/palestine-and-the-icc-follow-up-asking-the-right-question-and-giving-the-wrong-answer/ Rob Not getting involved in internal power...
18.04.14 | |

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 | |