Search: Complementarity SAIF GADDAFI
21 Oct Gadaffi’s Death May Obscure Truth about Pan Am 103 Bombing
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...
01 Dec Complementarity Is No Excuse: Why the ICC Investigation in Libya Must Include Crimes Against Migrants and Refugees
...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...
04 Oct Distant Justice Symposium: A Reply by Phil Clark
...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...
28 Nov Islam and International Criminal Law: The Question of Complementarity and Ijtihad
...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...
21 Mar The Turkey Tribunal’s Long Shot: Stretching Territorial Jurisdiction and Disregarding Positive Complementarity Options (Part I)
...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...12 Sep The Fallacy That Attacking a Judicial Institution and its Personnel Protects Americans: A Response to John Bolton’s Speech
...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...07 Jul Melinda Taylor Discusses Her Detention
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...08 Aug How Do You Know the Libyan Government is Lying? Its Lips Are Moving
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?...
06 Aug Symposium on The Principle of ne bis in idem in International Criminal Law: ne bis in idem in the Context of the ICC Cases Arising From the Situations in Africa
...justice. Much like the previously discussed provisions, the ne bis in idem principle enshrined herein requires the prior judicial proceedings to have resulted in a final decision on the person’s criminal responsibility and the author demonstrates this using the case of Prosecutor v. Saif Al-Islam Gaddafi. The author argues that this provision uses “conduct” to bar ICC trials for acts previously tried domestically and allowed the ICC to assess the genuineness of Libya’s domestic trial of Saif Al-Islam Gaddafi. The ICC’s evaluation focused on whether Libya’s judicial proceedings had resulted...05 Apr ICC Ducks the Article 95 Issue Regarding Gaddafi
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...