Search: Complementarity SAIF GADDAFI
21 Aug Saif Arrested! (And Snarky Thoughts on His Dissertation)
CNN is reporting that Libyan rebels have arrested Saif Gaddafi, Muammar’s second-eldest son long thought to be his most likely successor. Saif is one of the three suspects for whom the ICC has issued arrest warrants; the allegations include persecution and murder as crimes against humanity. And it appears that the OTP is already in negotiations with the rebels to turn Saif over to the Court: The International Criminal Court will hold talks Monday with Libyan rebels on transferring Saif al-Islam Gadhafi, one of the two captured sons of embattled...16 Aug Libya’s Says It Can’t Surrender Saif — But It Can Prosecute Him
of Mr. Gaddafi”, at least at the investigative stage of proceedings. Equally, they do not constitute bad faith on the part of Libya in “deliberately refusing” to surrender Mr. Gaddafi as alleged by the Defence. Translated: Libya has enough control over Zintan that it cannot be deemed unable to prosecute Saif, but not enough control over Zintan for it to be found in violation of its obligation to surrender Saif to the Court. Now that’s chutzpah! The next Libyan motion will no doubt claim that the government cannot transfer Saif...21 Apr Ugly Infighting at the ICC
the right under Article 61 of the Rome Statute to withdraw the charges against Saif, because they have not yet been confirmed by the Pre-Trial Chamber. So I don’t see what’s wrong with Moreno-Ocampo trying to work out a deal with the Libyans to prosecute Saif domestically. The real question is what such a deal would look like — and here I definitely have my concerns. As I noted a few days ago, if the OTP withdraws the charges against Saif as part of a deal with the Libyan government,...28 Aug Emerging Voices: Incorporation of Plural Realisations of Justice within the ICC System
to developments, there are multiple discussions on how complementarity should be operationalized. In his critique of Kevin Jon Heller’s sentence-based theory of complementarity, Darryl Robinson proposes an understanding of complementarity that focuses on the quality of the process undertaken by the state. He advocates that in circumstances where the Court would effectively be overriding sovereign decisions, a more holistic and comprehensive analysis is necessary, rather than exclusively relying on technical factors such as the classification of the charges used by the domestic judiciary (charge-based theory), or the adequacy of the...
19 Aug States of Justice Symposium: What If We Took the ‘Unwilling or Unable’ Seriously?
...the conflict of interest or power struggles between states – whose cases are under consideration – and the ICC, the main issues lie in the area of complementarity. How should the ICC cope? Although it is clear that the other points of contention between the Court and states are the result of political and other factors external to the ICC, I remain convinced that it is up to the Court itself to settle the political instrumentalization of the principle of complementarity. There is a need for more ‘proceduralising’ of the...
02 Dec When a Preliminary Examination Closes, a New Era Opens: The OTP’s Innovative Support for Transitional Justice in Colombia
...years, they demonstrate a profound shift in the OTP’s understanding of the principle of complementarity. In particular, they show that a “positive approach to complementarity”, which is flexible and context-specific, may lead to the adoption of transitional justice mechanisms that – despite being empowered to impose non-carceral penalties – could constitute “investigations” within the meaning of Article 17(1)(a) RSt. Ultimately, this means that the OTP could help states satisfy the “traditional” complementarity test through open and creative dialogue at the PE stage. A new era may be upon us: one...23 Mar Can the Coalition Lawfully Target Gaddafi?
Can the coalition forces using force in Libya under the Security Council’s authorizing resolution lawfully target Gaddafi personally? This question has provoked some heated back and forth among political leadership of several coalition countries, including the US and the UK: Yesterday a war of words erupted between the U.S. and Britain after the U.K. government claimed Muammar Gaddafi is a legitimate target for assassination. U.K. government officials said killing the Libyan leader would be legal if it prevented civilian deaths as laid out in a U.N. resolution. But U.S. defence...03 Jul Further Evidence that Libya Is Unable to Prosecute Saif
Now that Taylor is finally free, we can turn our attention again to the ongoing saga of who is going to prosecute Saif Gaddafi — Libya or the ICC. A recent article in the Independent indicates that the correct answer may well be “neither”: Ms Taylor said she was “very happy” to be able to return to her family. The proceedings on a hot and dusty afternoon also reinforced, however, the image of power the Republic of Zintan has projected since the overthrow of Muammar Gaddafi. Ms Taylor had been...13 May Libya and the ICC: In the Pursuit of Justice?
...Security Council (UNSC) Resolution 1970. The Court has to date issued three arrest warrants for Saif Al-Islam Gaddafi, Abdullah Al-Senussi and Muammar Gaddafi. The warrant against Muammar Gaddafi was withdrawn following his death, while Al-Islam Gaddafi is currently detained in Libya and Al-Senussi in Mauritania. Neither has been turned over to the ICC. The Libyan National Transitional Council (NTC) has asserted that it wishes to try these men in Libya, while France has declared its intention to purse Al-Senussi’s extradition for earlier alleged crimes. However, the ICC, along with many...