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Search: Complementarity SAIF GADDAFI

21 Oct

that the documents recently found in the office of Musa Kusa, Gaddafi’s former intelligence chief, contained anything about the Pan Am 103 case. After he switched sides in February 2011, Gaddafi’s former Minister of Justice, Mohamed Abud Al Jeleil, did state that Gaddafi ordered the Pan Am bombing, but that could have just been an effort to enlist international support for anti-Gaddafi forces. Had Gaddafi lived and been brought to trial, it is unlikely that the charges would have included his involvement in the Pan Am 103 bombing. The ICC...
21.10.11 | |

01 Dec

...perpetrators accountable through domestic prosecutions in European countries. It is a sad reality that the ICC investigation in the situation in Libya has not been very successful so far, with three warrants of arrest for five individuals not executed (see list of warrants here) and a case declared inadmissible. The fact that Saif Gaddafi, targeted by an arrest warrant by the ICC since 2011, is a candidate for the next elections in Libya is telling. Under the current Prosecutor’s renewed efforts and a stronger commitment from the UNSC and the...
01.12.21 | |

28 Nov

...to the ICC OTP so that Islamic law could be listened to, understood, and involved. Under such an assumption, it would be prudent to see what Islamic jurisprudence has to say regarding the problem of different opinions. Perhaps this would provide insight when dealing with cases where alleged war crimes might have an actual basis in Islamic jurisprudence because this can be a question of complementarity. Ijtihad and Ikhtilaf In short, ijtihad here is the process of deriving legal rulings regarding matters not explicitly touched in the Qur’an and Sunnah...
28.11.22 | |

04 Oct

...and cooperation with, domestic institutions), and practice of distance (which insists on the ICC’s insulation from the domestic terrain to ensure its neutrality). He claims that my argument in this respect is fundamentally inconsistent, calling for deference while highlighting numerous flaws in domestic institutions (see my earlier reply to Maunganidze). Agirre’s response reinforces a running theme throughout Distant Justice that many senior ICC actors have, over time, diluted the spirit of complementarity, skewing it heavily in favour of ICC intervention. As mentioned above, nothing in the principle of complementarity depends...
04.10.19 | |

21 Mar

...jurisdiction and criticize how, in my view, it comes dangerously close to universal jurisdiction. In this context, I elaborate on the potential problems with the ICC adopting this broad view on jurisdiction. Second, I turn to the contradiction between the broad approach to territorial jurisdiction but the limited approach in terms of inadmissibility. Considering that the ICC has embraced the doctrine of positive complementarity, I wonder whether there have been sufficient efforts to point domestic authorities to international crimes being committed on their territories before turning to the ICC. And...
21.03.23 | |

12 Sep

...the ICC Afghanistan inquiry and that is to conduct "complementarity”—that is, to prosecute any cases itself, thereby divesting the ICC of jurisdiction." This is another example of the heads-I-win tails-you-lose system of ICC prosecution. The US military does not enjoy immunity from prosecution, and where there is sufficient evidence, the US has prosecuted service members for crimes against civilians in Afghanistan, most famously Robert Bales. There is no doubt that the US has conducted good-faith investigations into any purported "war crimes," so complementarity is in full effect - or would...
12.09.18 | |

07 Jul

Thomas "it will be impossible for Mr Gaddafi to be tried in an independent and impartial manner in Libyan courts" I was wondering if the ICC under the "complementarity regime" has the authority to take over cases if there are indications (as there are in the present case) that the rights of the accused are not ensured, or if the "complementarity" is blind to human rights issues as long as the State is willing and able to prosecute. I'm not quite sure if this issue had not been already discussed...
07.07.12 | |

08 Aug

team would assassinate or poison Saif Al-Islam. [snip] What did the ICC team say when they were confronted with this evidence? M: they confessed to these accusations, in detail and in the presence of a French lawyer that was appointed by the ICC. So, the Libyan government now claims not only that Melinda Taylor and her team were in Libya to kill Saif Gaddafi, but also that they confessed to wanting to kill him. Yep, that’s convincing. After all, who would want Saif dead more than his formally-appointed OPCD attorneys?...
08.08.12 | |

05 Apr

The ICC’s Pre-Trial Chamber I (PTC) has rejected Libya’s request to postpone the surrender of Saif Gaddafi so that he can be prosecuted domestically for other crimes. That request was based on Article 95, which reads: Where there is an admissibility challenge under consideration by the Court pursuant to article 18 or 19, the requested State may postpone the execution of a request under this Part pending a determination by the Court, unless the Court has specifically ordered that the Prosecutor may pursue the collection of such evidence pursuant to...
05.04.12 | |

09 May

...President to the ICC. Instead, exercising its right under Art. 17 of the Rome Statute, it prosecutes him for genocide itself. I see nothing in the Jordan appeal decision that rules out S3. If the ICC arrest warrant entitled Beta to arrest and surrender the President of Alpha to the ICC despite his HoS immunity, surely it entitled Beta to arrest the President and prosecute him itself. The principle of complementarity is a foundational part of the ICC’s jurisdictional regime. Beta has thus managed to evade HoS immunity simply by...
09.05.19 | |

05 Jul

which can be read here. Kevin Heller Tobias' comment raises an interesting question: does Article 17's complementarity regime apply to Security Council referrals? The authors of the ICC-commissioned Informal Expert Paper on complementarity unanimously concluded that it does -- but divided over the related question of whether the Security Council has the power to order member States not to assert their primary jurisdiction over a case or set of cases. The relevant paragraphs are as follows:68. Complementarity regime applies: As a matter of principle, the complementarity regime applies even in...
05.07.06 | |

04 Dec

...to not understand how complementarity works. Here is what the OTP says in its report (pp. 2-3): Complementarity involves an examination of the existence of relevant national proceedings in relation to the potential cases being considered for investigation by the Office. This will be done bearing in mind its prosecutorial strategy of investigating and prosecuting those most responsible for the most serious crime. Where relevant domestic investigations or prosecutions exist, the Office will assess their genuineness. There are two things to note here. First, the OTP’s complementarity analysis focuses on...
04.12.14 | |