Search: Complementarity SAIF GADDAFI
24 Jan A Comment on Kevin Jon Heller’s Piece by Darryl Robinson
is addressed by other provisions of the Statute, and they address it better than Article 17 could. I would like to contribute four points to this discussion. First, Article 17 does not exhaust the principle of complementarity. Article 17 is an important but technical admissibility rule, which renders cases inadmissible before the ICC if they are genuinely addressed by states. Article 17 is certainly a centerpiece of complementarity, and it is understandable that it is often the focus of complementarity discussion. However, insofar as ‘complementarity’ refers to the broader interplay...03 Jun A Sentence-Based Theory of Complementarity
nevertheless insist that states should prosecute international crimes as international crimes whenever possible, because such prosecutions better serve the goals of the Rome Statute. I challenge both theses in the essay and defend an alternative theory of complementarity that focuses exclusively on sentence. In particular, I argue that any national prosecution of an ordinary crime should satisfy the principle of complementarity as long as it results in a sentence equal to, or longer than, the sentence the perpetrator would receive from the ICC. As always, comments and criticisms most welcome!...
09 Jul Never Two Without Three: On the – To Be Reopened – ICC Preliminary Examination in Iraq
...of the ICC practice in relation to the complementarity assessment are evident. Therefore, judicial review is required in view of the dramatic impact of the adopted complementarity assessment, on the present situation and beyond it, as the overly restrictive approach adopted by the Prosecutor in this situation may have grave consequences for other preliminary examinations and investigations. In light of the above, a new determination on the issue will only reinforce the Court and enhance confidence in the ICC Prosecutor’s independence, as the request notes referring also to the strong...13 Jan Making Libya an ICC Priority Situation: Fake Promises to a Difficult Customer?
Gaddafi being the main object of this paragraph. This clear from Resolution 2238: “Recalling its decision in resolution 1970 (2011) to refer the situation in Libya to the Prosecutor of the International Criminal Court (ICC), noting the decision of the Pre-Trial Chamber dated 10 December 2014, and also noting the request of the Prosecutor to the Pre-Trial Chamber dated 30 July 2015 that Libya immediately surrender Saif Al-Islam Gaddafi to the Court”. Indeed, compliance with the request to surrender Gaddafi is what the SC is confirming. Interestingly on the same...26 Nov Dapo Akande on Surrendering Saif — and a Brief Reply
Dapo Akande has a typically excellent discussion of the surrender issue today at EJIL: Talk!, in which he agrees with Jens Ohlin and disagrees with me. In his view, Libya is entitled to challenge the admissibility of the case against Saif without having to first surrender him to the ICC. I find much of Dapo’s argument convincing, but I am skeptical of the way in which he distinguishes Article 89(2), which he admits is critical to the issue. Here is what he says (emphasis mine): One of the strongest arguments...01 Jun Appeals Chamber Fails To See the Forest — Complementarity Edition
...Instead of states getting “the first bite at the apple,” the Court essentially dictates the charges domestic authorities must bring in order to prevent an ICC prosecution. Judge Usacka noted as much in her Gaddafi admissibility dissent. John Bolton also (very happily) picked up on the issue, contrasting the “untested ‘complementarity’ theory” and its claim of deference to national authorities with Libya’s admissibility challenge, asking whether countries are “sovereign only if the ICC allows it.” As for the test being fundamentally inconsistent with the ICC being a court of last...20 Jun Foreign Minister Bob Carr Goes Shopping in the Department of Bad Ideas
identify what Taylor supposedly did wrong — all we get are vague generalities about deficient “protocols” and “conventions” and “procedures.” That’s a pretty significant omission, particularly given Libya’s consistent refusal to provide Saif with any kind of legal representation and its previous refusal to let the OPCD talk to Saif about the conditions of his confinement in private. (And recall that, in the few moments during the OPCD’s previous visit where the Libyan government official left the room, Saif quickly implied that he had been mistreated by his captors.) I...
01 Sep Symposium on Myanmar and International Indifference: A Deeper Dive Into International Criminal Liability for Internet Shutdowns – The Case of Myanmar (Part 1)
...particularly useful in guiding our understanding of how internet shutdowns could be tried as part of crimes against humanity: “Decision on the Prosecutor’s Application Pursuant to Article 58 as to Muammar Mohammed Abu Minyar GADDAFI, Saif Al-Islam GADDAFI and Abdullah AL- SENUSSI.” By way of reminder, a crime—such as murder or persecution—may qualify as a crime against humanity if it was committed as part of a widespread or systematic attack directed against the civilian population, in furtherance of a State or organizational policy to commit such an attack. On 27...