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Search: Complementarity SAIF GADDAFI

17 Sep

...of Saif violates the state’s domestic criminal law. In my view, that treatment renders Saif’s case admissible before the ICC, because it significantly increases the likelihood that a Libyan court will suspend or terminate Saif’s prosecution on due process grounds. I received a number of critical comments on that claim, most of which argued that no Libyan court would ever have the temerity to enforce Libyan criminal procedure against the government if it meant “helping” Saif avoid conviction. That may well be true — but consider what has happened in...
17.09.12 | |

03 Feb

We know what is stake at in Libya’s admissibility challenge regarding Saif Gaddafi: either a fair trial at the ICC that will likely result in a lengthy prison sentence or an unfair trial in Libya that will almost certainly result in execution. Libya has done nothing to disguise the unfairness of its national proceedings, but it has generally pretended to be concerned with Saif’s right to a fair trial in its many filings at the ICC. So I was very surprised to find Libya argue in its most recent motion...
03.02.13 | |

24 Mar

For quite some time I zealously followed all of the various filings in the Libya cases — by Libya, al-Senussi and Gaddafi, the Registry, the OPCV, everyone. I also regularly blogged about those filings. But I haven’t lately, as consistent readers will know. The reason? The ICC judges seem to have lost all interest in actually making decisions. The record is quite shocking. Take the admissibility challenges. The Pre-Trial Chamber rejected Libya’s admissibility challenge to the case against Saif Gaddafi on 31 May 2013, nearly ten months ago. And it...
24.03.14 | |

05 Aug

in which states have objected to ICC proceedings (Sudan, Kenya and Libya), the nature of the admissibility dispute between those states and the Prosecutor, and rules establishing the burden and standard of proof in those disputes, have not been addressed methodically. The issue did arise recently, however, when Libya challenged the admissibility of the cases brought by the Prosecutor against Saif Al-Islam Gaddafi and Abdullah Al-Senussi, claiming that its national judicial system was actively investigating those cases. On May 31st, the Pre-Trial Chamber rejected Libya’s admissibility challenge with regard to...
05.08.13 | |

02 Jul

...pressure mechanism towards accountability for senior army officials. However, these benchmarks should not remain limited to prosecutorial strategies: their conceptualization presents an important opportunity for the OTP to give a more central role to victims’ rights to the truth, participation, reparations, and protective measures in its complementarity analysis. Victims’ rights and complementarity In accordance with Article 17 of the Rome Statute, the ICC may move towards the opening of an investigation if the case is of sufficient gravity and if the country in question is ‘’unwilling’’ or ‘’unable’’ to genuinely...
02.07.20 | |

21 Aug

...“unwillingness” standard that proves the Colombian situation infringes the complementarity model regulating the OTP’s oversight over Member State’s domestic judicial processes. A new category for the “unwillingness” standard? To preserve national sovereignty, complementarity means the ICC, pursuant to Article 17, functions as a court of last instance. Unless Member States fail to take the appropriate steps to criminally process individuals accused of crimes that fall under ICC jurisdiction, the OTP cannot conduct an investigation. And yet, this limits its scope since it relies on two scenarios for successful admissibility: (i)...
21.08.19 | |

06 Aug

...of complementarity has changed, in turn, what the ICC itself seeks to accomplish as it tries “to accommodate this more expansive understanding of complementarity” (14). In other words, it is not only that the ICC spurs civil society into action in pursuit of pre-established accountability goals; it is also that civil society reshapes what goals the ICC seeks, and in so doing reshapes the ICC itself.    These complex multi-directional interactions are richly described in De Vos’ case studies. However, the framing apparatus obscures them. The metaphor of catalysis is...
06.08.20 | |

20 Dec

...based on information she receives. ‘Complementarity principle’ is also helpful here to enhancing this contextual interpretation. Article 18 is meant to bolster the complementarity principle. During the preliminary examination, the Prosecutor, according to Article 53, should examine the admissibility of a situation by taking into account the complementarity requirement, in addition to the gravity of the situation. Adopting a teleological interpretation by giving considerations to the complementarity principle as a cornerstone of the Court enhances the approach that sees the Article 18 mechanism as a part of the ‘phase three’...
20.12.17 | |

24 Jan

in his words – “the complementarity regime ‘pressures’ states to prosecute international crimes under an international label, pointing out that “[t]he Statute does not per se oblige States to investigate and prosecute” international crimes. As I hope I made clear in the Article, I completely agree with Carsten’s description of the Rome Statute itself. My problem is with how scholars and human-rights organizations have used the Rome Statute – in particular the principle of complementarity – to pressure states into incorporating international crimes into their domestic legislation. I do not...
24.01.12 | |

25 Nov

Okay, not Saif Gaddafi. Saadi: Niger’s President Mahamadou Issofou has said his government is ready to hand Saadi Qaddafi over to the International Criminal Court should the body request it to do so. To date, the ICC has not issued a warrant for Saadi’s arrest, and will not request his extradition unless that position changes. On 7 November, however, the ICC’s Chief Prosecutor Fatou Bensouda revealed that the court was investigating crimes allegedly committed by both Qaddafi regime members and revolutionaries during last year’s revolution, and may bring a new...
25.11.12 | |

10 Jun

...to write. My new essay, which deals with the relationship between the Rome Statute’s complementarity principle and national due process, is now posted on SSRN. Here’s the abstract: According to the principle of complementarity, the ICC can exercise jurisdiction over a serious international crime only if no State is willing and able to prosecute the crime itself. This principle, which finds its most specific expression in Article 17 of the Rome Statute, is based on two important considerations: the recognition that States have the primary obligation under the Statute to...
10.06.06 | |

04 Aug

...compared to the ones handed down by the ad-hoc tribunals. So I don't see any attempt to "shield from criminal liability". The remaining point would be that the law was specifically drafted to 'exploit' the complementarity threshold of Article 17. But that is precisely what positive complementarity is about: setting a minimum standard for States to build from it. The job of the ICC Prosecutor is to encourage national prosecutions through the threat of ICC prosecutions, and it's working in Colombia. Finally, no self-referral by Colombia will be forthcoming. The...
04.08.10 | |