Press Clippings, 27 July 2012
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
12 February 2013 PRE-TRIAL CHAMBER I Before
ICC-01/11-01/11-276-Red2 12-02-2013 1/20 FB PT Original: English No.: ICC-01/11-01/11 Date: 12 February 2013 PRE-TRIAL CHAMBER I Before: Judge Silvia Fernández de Gurmendi, Presiding Judge Judge Hans-Peter Kaul Judge Christine Van den Wyngaert SITUATION IN LIBYA IN THE CASE OF THE PROSECUTOR v. SAIF AL-ISLAM GADDAFI and ABDULLAH AL-SENUSSI Public Redacted version With Public Annexes A and B and Confidential – Ex Parte, Prosecution, Defence and OPCV only Annex C Prosecution’s Response to “Libyan Government’s further submissions on issues related to the admissibility of the case against Saif Al-Islam Gaddafi” Source: Office of the Prosecutor ICC-01/11-01/11 1/20 PURL: https://www.legal-tools.org/doc/b75381/12 February 2013 ICC-01/11-01/11-276-Red2 12-02-2013 2/20 FB PT Document to be notified in accordance with regulation 31 of the Regulations of the Court to: The Office of the Prosecutor Counsel for Saif Al-Islam Gaddafi Xavier-Jean Keita Melinda Taylor Counsel for Abdullah Al-Senussi Benedict Emmerson Rodney Dixon Legal Representatives of Victims Legal Representatives of Applicants Unrepresented Victims Unrepresented Applicants for Participation/Reparation The Office of Public Counsel for Victims The Office of Public Counsel for the Paolina Massidda Defence Sarah Pellet Mohamed Abdou States Representatives Amicus Curiae Philippe Sands Payam Akhavan Michelle Butler REGISTRY Registrar Counsel Support Section Ms Silvana Arbia Deputy Registrar Mr Didier Preira Victims and Witnesses Unit Detention Section Victims Participation and Reparations Other Section ICC-01/11-01/11 2/20 PURL: https://www.legal-tools.org/doc/b75381/12 February 2013 ICC-01/11-01/11-276-Red2 12-02-2013 3/20 FB PT Introduction 1. -
ICC-01/11-01/11 Date: 18 February 2013 PRE-TRIAL CHAMBER I Before
ICC-01/11-01/11-281-Red2 19-02-2013 1/72 FB PT Original: English No.: ICC-01/11-01/11 Date: 18 February 2013 PRE-TRIAL CHAMBER I Before: Judge Silvia Fernández de Gurmendi, Presiding Judge Judge Hans-Peter Kaul Judge Christine Van den Wyngaert SITUATION IN LIBYA IN THE CASE OF THE PROSECUTOR v. SAIF AL-ISLAM GADDAFI and ABDULLAH AL- SENUSSI Public with Public Annexes 1, 2, 3, 5, 7, 8, 9, 10, and 12, Confidential Annexes 4 and 13, and Annexes 6 and 11 confidential ex parte only available to the Representatives of the Libyan Government, the Prosecution, the OPCV, and the Defence for Mr. Saif Al-Islam Gaddafi Public Redacted Version of the “Response to the “Libyan Government’s further submissions on issues related to admissibility of the case against Saif Al-Islam Gaddafi”” Source: Defence of Mr. Saif Al Islam Gaddafi No. ICC-01/11-01/11 1/72 18 February 2013 ICC-01/11-01/11-281-Red2 19-02-2013 2/72 FB PT Document to be notified in accordance with regulation 31 of the Regulations of the Court to: The Office of the Prosecutor Counsel for the Defence Ms. Fatou Bensouda Counsel for Saif Al-Islam Gaddafi: Mr. Xavier-Jean Keïta Ms. Melinda Taylor Counsel for Abdullah Al-Senussi: Mr. Ben Emmerson QC Mr. Rodney Dixon Legal Representatives of the Victims Legal Representatives of the Applicants Unrepresented Victims Unrepresented Applicants (Participation/Reparation) The Office of Public Counsel for The Office of Public Counsel for the Victims Defence Ms. Paolina Massidda Ms. -
Chapter 2: Systemic Effect I: the Flaws of Complementarity
Cover Page The handle http://hdl.handle.net/1887/68230 holds various files of this Leiden University dissertation. Author: Wierda, M.I. Title: The local impact of a global court : assessing the impact of the International Criminal Court in situation countries Issue Date: 2019-01-09 Chapter 2: Systemic Effect I: The Flaws of Complementarity “Courts are built to do justice, but to insist on trials in The Hague is to use justice to build a court.” Timothy Waters422 I. Introduction “Systemic effect” refers to the impact of the Rome Statute and the International Criminal Court on domestic legal systems. Systemic effect is closely related to, but not synonymous with complementarity. The Rome Statute does not refer directly to complementarity or the Court’s intended effect on domestic legal systems, but it does refer to national proceedings within its admissibility framework in Articles 17- 19. “Complementarity” is often used as shorthand for a principle that encourages national systems to conduct their own investigations and trials. Legally the term means exactly the opposite, i.e. the complementarity regime allows the Court to conduct investigations and trials in situation where national systems are unwilling or unable genuinely to conduct investigations or prosecutions.423 However, “positive” complementarity, in the sense of strengthening domestic legal systems, assumed such prominence amongst the ASP and supporters of the ICC that it was retroactively coined as one of the main intended effects of the Rome Statute.424 In the words of Burke-White: “encouraging national prosecutions within the “Rome System of Justice” and shifting burdens back to national governments offers the best and perhaps the only way for the ICC to meet its mandate and help end impunity.”425 Thus the Rome Statute was retrospectively re-interpreted by the mandate-providers to put the onus of investigation and prosecution firmly on domestic systems. -
ICC-01/11-01/11 Date: 05 March 2012 PRE-TRIAL CHAMBER I Before
ICC-01/11-01/11-70-Red2 10-04-2012 1/12 RH PT Original: English No.: ICC‐01/11‐01/11 Date: 05 March 2012 PRE‐TRIAL CHAMBER I Before: Judge Sanji Mmasenono Monageng, Presiding Judge Judge Sylvia Steiner Judge Cuno Tarfusser SITUATION IN LIBYA IN THE CASE OF THE PROSECUTOR v. SAIF AL‐ISLAM GADDAFI and ABDULLAH AL‐ SENUSSI Public Second Public Redacted Version of the “Addendum to the Urgent Report Concerning the Visit to Libya” (ICC‐01/11‐01/11‐70‐Conf‐Exp) Source: The Office of Public Counsel for the Defence No. ICC‐01/11‐01/11 1/12 05 March 2012 ICC-01/11-01/11-70-Red2 10-04-2012 2/12 RH PT Document to be notified in accordance with regulation 31 of the Regulations of the Court to: The Office of the Prosecutor Counsel for the Defence Mr. Luis Moreno‐Ocampo, Prosecutor Ms. Fatou Bensouda, Deputy Prosecutor Legal Representatives of the Victims Legal Representatives of the Applicants Unrepresented Victims Unrepresented Applicants (Participation/Reparation) The Office of Public Counsel for The Office of Public Counsel for the Victims Defence Mr. Xavier‐Jean Keïta, Principal Counsel Ms. Melinda Taylor, Counsel States’ Representatives Amicus Curiae REGISTRY Registrar Counsel Support Section Ms. Silvana Arbia, Registrar Deputy Registrar Mr. Didier Daniel Preira, Deputy Registrar Victims and Witnesses Unit Detention Section Victims Participation and Reparations Other Section No. ICC‐01/11‐01/11 2/12 05 March 2012 ICC-01/11-01/11-70-Red2 10-04-2012 3/12 RH PT 1. Introduction 1. On 2 March 2012, the Office of Public Counsel for the Defence (OPCD) filed a report to the Pre-Trial Chamber, which explained that the Libyan authorities had cancelled the visit to Mr. -
The International Criminal Court and Libya: Complementarity in Conflict
International Law Programme Meeting Summary The International Criminal Court and Libya: Complementarity in Conflict Carla Ferstman Director, REDRESS Professor Kevin Jon Heller Professor of Criminal Law, School of Oriental and African Studies Melinda Taylor Counsel, International Criminal Law and Human Rights Chair: Elizabeth Wilmshurst Associate Fellow, International Law Programme, Chatham House 22 September 2014 The views expressed in this document are the sole responsibility of the speaker(s) and participants and do not necessarily reflect the view of Chatham House, its staff, associates or Council. Chatham House is independent and owes no allegiance to any government or to any political body. It does not take institutional positions on policy issues. This document is issued on the understanding that if any extract is used, the author(s)/ speaker(s) and Chatham House should be credited, preferably with the date of the publication or details of the event. Where this document refers to or reports statements made by speakers at an event every effort has been made to provide a fair representation of their views and opinions. The published text of speeches and presentations may differ from delivery. 10 St James’s Square, London SW1Y 4LE T +44 (0)20 7957 5700 F +44 (0)20 7957 5710 www.chathamhouse.org Patron: Her Majesty The Queen Chairman: Stuart Popham QC Director: Dr Robin Niblett Charity Registration Number: 208223 2 The International Criminal Court and Libya: Complementarity in Conflict Introduction This is a summary of an event held by the International Law Programme at Chatham House.1 The meeting was convened in order to analyse the recent decisions of the International Criminal Court (ICC) in the cases concerning the former intelligence chief Abdullah al-Senussi and Saif al-Islam Gaddafi, son of the late Libyan leader, and to discuss the complex legal and policy issues arising from the on-going violence and political unrest in Libya. -
Justice and Realpolitik in Libya
THE CLASH OF THE TITANS: JUSTICE AND REALPOLITIK IN LIBYA ANNA F. TRIPONEL* PAUL R. WILLIAMS** I. INTRODUCTION ........................................................................ 776 II. THE RISE AND PERSEVERANCE OF INTERNATIONAL JUSTICE .................................................................................... 782 III. DEPLOYING JUSTICE ............................................................ 791 A. ACTIVATING THE ICC ............................................................ 792 1. State Party Referral .......................................................... 792 2. Initiation by the Prosecutor Relating to a State Party ...... 795 3. Non-State Party Referrals ................................................ 797 4. UN Security Council Referral ......................................... 798 B. UN SECURITY COUNCIL REFERRAL OF LIBYA TO THE ICC .... 799 C. SYRIA CONFLICT NOT REFERRED TO THE ICC ....................... 801 D. IMPACT OF SYRIAN AND LIBYAN CONFLICTS ON REFERRAL POLITICS ............................................................................... 803 E. FUTURE OF ICC REFERRALS: TOWARD AN APOLITICAL SYSTEM? .............................................................................. 804 IV. MANAGING JUSTICE ............................................................ 805 A. POLITICAL CONSTRAINTS ON THE COURT’S OPERATION ........ 806 B. POLICY MAKERS AND THE OPERATION OF THE COURT .......... 807 C. OPERATION OF THE COURT IN LIBYA ..................................... 810 * Anna F. Triponel is Senior Counsel -
Lawyering Peace: Infusing Accountability Into the Peace Negotiations Process
Case Western Reserve Journal of International Law Volume 52 Issue 1 Article 23 2020 Lawyering Peace: Infusing Accountability into the Peace Negotiations Process Dr. Paul R. Williams Follow this and additional works at: https://scholarlycommons.law.case.edu/jil Part of the International Law Commons Recommended Citation Dr. Paul R. Williams, Lawyering Peace: Infusing Accountability into the Peace Negotiations Process, 52 Case W. Res. J. Int'l L. 491 (2020) Available at: https://scholarlycommons.law.case.edu/jil/vol52/iss1/23 This Speech is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Journal of International Law by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. Case Western Reserve Journal of International Law 52 (2020) Lawyering Peace: Infusing Accountability into the Peace Negotiations Process Dr. Paul R. Williams1 Table of Contents Table of Contents .......................................................................... 491 Era of Impunity .............................................................................. 493 Stepping Stones: Building a Path Towards Justice ...................... 498 The Future of Accountability....................................................... 505 Thank you to Case Western Reserve University School of Law, and in particular Dean Michael Scharf, for providing me with the privilege of delivering the Klatsky -
Infusing Accountability Into the Peace Negotiations Process
American University Washington College of Law Digital Commons @ American University Washington College of Law Articles in Law Reviews & Other Academic Journals Scholarship & Research 2020 Lawyering Peace: Infusing Accountability into the Peace Negotiations Process Paul Williams Follow this and additional works at: https://digitalcommons.wcl.american.edu/facsch_lawrev Part of the Human Rights Law Commons, International Humanitarian Law Commons, International Law Commons, Legal Profession Commons, and the Military, War, and Peace Commons Case Western Reserve Journal of International Law 52 (2020) Lawyering Peace: Infusing Accountability into the Peace Negotiations Process Dr. Paul R. Williams1 Table of Contents Table of Contents .......................................................................... 491 Era of Impunity .............................................................................. 493 Stepping Stones: Building a Path Towards Justice ...................... 498 The Future of Accountability....................................................... 505 Thank you to Case Western Reserve University School of Law, and in particular Dean Michael Scharf, for providing me with the privilege of delivering the Klatsky Endowed Lecture on Human Rights. Thank you, Milena Sterio, for your wonderful introduction. It is my honor to receive the Cox International Law Center’s Humanitarian Award for Advancing Global Justice and join the inspiring array of international law scholars and practitioners who have received it in years prior. I am also pleased to have the opportunity to speak today to such an engaged audience of students, professors, lawyers, and members of the Case Western community about the interplay of human rights and accountability in peace processes. 1. Dr. Paul R. Williams is the Rebecca I. Grazier Professor of Law and International Relations at American University. Professor Williams teaches at the School of International Service and the Washington College of Law and also directs the joint JD/MA program in International Relations. -
Pandoras+Box+2015.Pdf
Editors Michael Potts & Wendy Pei Pandora’s Box © 2015 ISSN: 1835-8624 Published by: The Justice and the Law Society T.C. Beirne School of Law The University of Queensland Printed by: St Lucia QLD 4072 Worldwide Printing www.jatl.org Fortitude Valley SPONSORS This edition of Pandora’s Box would not have been possible without the generous support of the Queensland Law Society and the fundraising efforts of the 2015 JATL Executive. Special thanks must go to Erin Bray and Bianca Jacobi for their patience and kindness. TABLE OF CONTENTS Foreword v Professor Simon Bronitt A Note from the Editors viii About Pandora’s Box ix About the Contributors x An Interview with Professor Heather Douglas 1 The Jury Box and the Urn: Containing Our Expectations 9 Professor Jane Goodman-Delahunty Criminal Justice Research and How I Realised I Know Nothing 17 Associate Professor Tamara Walsh Enforceable Rights for Victims of Crime: Shifting the State/Offender 25 Paradigm in Adversarial Systems of Criminal Law and Justice Dr Tyrone Kirchengast Addressing Indigenous Over-Representation in the Australian Criminal 37 Justice System: Some Thoughts about the Role of Legal Institutions as Stewards of a Complex System Rebecca Wallis and April Chrzanowski An Interview with Soraya Ryan QC 49 Lord Bingham’s Rule of Law and Australia’s Anti-Terror Legislation 59 Greg Barns Fighting to the Death: Thoughts for Anti-Death Penalty Activists to 65 make Further Progress towards the Goal of an End to Judicial and Extra-Judicial Executions Stephen Keim SC and Bridget Armstrong For Whom the Bell Tolls: Reflections on the International Criminal Court 79 and the Death Penalty Melinda Taylor A Critical Examination of the Defence of Dwelling in Queensland 93 Simon Lamb Book Review: Michael P. -
'Legitimate' International Criminal Court for Post-Gaddafi Libya
Conflicts of Legitimacy A ‘legitimate’ International Criminal Court for post-Gaddafi Libya Utrecht University Megan Tollitt, 5603714 A Thesis submitted to the Board of Examiners in partial fulfilment of the requirements of the degree of Master of Arts in Conflict Studies & Human Rights. 1 Supervisor: Lauren Gould Date of Submission: 3 August 2016 Trajectory: Research and Thesis Writing (30 ECTS) Word Count: 24, 232 Word Count (including footnotes): 26, 719 “Order Libya to Surrender Gaddafi to the ICC” (Dr Meddy, Cartoon Movement, 25 August 2015) 2 Abbreviations CSO Civil Society Organization HRW Human Rights Watch ICC International Criminal Court ICCPR International Covenant on Civil and Political Rights ICTY International Criminal Tribunal for the former Yugoslavia IS, ISIS Islamic State of Iraq and Syria; Islamic State of Iraq and the Levant; Daesh LFJL Lawyers for Justice in Libya NGO Non-Governmental Organization NTC Libyan National Transitional Council OPCD ICC Office of Public Counsel for the Defence OTP ICC Office of the Prosecutor PIDS ICC Public Information and Documentation Section P-TC Pre-Trial Chamber Rome Statute Rome Statute of the International Criminal Court 1998 Thuwar Libyan revolutionaries or rebels1 UDHR Universal Declaration of Human Rights UNSC United Nations Security Council UN Charter Charter of the United Nations 1945 1 Friedman (2011) 3 Contents 1. Introduction 5 1.1. Research design and method 7 2. The Analytical Concept of Legitimacy 12 2.1. Procedural legitimacy 12 2.2. Normative legitimacy 14 2.3. Sociological legitimacy 19 2.4. Mapping legitimacy 24 3. The Cases Before the Court: Saif Gaddafi and Abdullah Al-Senussi 28 3.1. -
Cour Pénale Internationale International Criminal Court
ICC-01/11-01/11-163 01-06-2012 1/16 FB PT Cour Pénale Internationale ^1 International Criminal Court Original: English No.: ICC-01/11-01/11 Date: 1 June 2012 PRE-TRIAL CHAMBER I Before: Judge Silvia Fernandez de Gurmendi, Presiding Judge Judge Hans-Peter Kaul Judge Christine Van den Wyngaert SITUATION IN LIBYA IN THE CASE OF THE PROSECUTOR v. SAIF AL-ISLAM GADDAFI and ABDULLAH AL-SENUSSI Public Document Decision on the postponement of the execution of the request for surrender of Saif Al-Islam Gaddafi pursuant to article 95 of the Rome Statute No. ICC-01/11-01/11 1/16 PURL: https://www.legal-tools.org/doc/ae7c48/1 June 2012 ICC-01/11-01/11-163 01-06-2012 2/16 FB PT Decision to be notified, in accordance with Regulation 31 of the Regulations ofthe Court, to: The Office of the Prosecutor Counsel for the Defence Luis Moreno-Ocampo Xavier-Jean Keïta Fatou Bensouda Melinda Taylor Legal Representatives of Victims Legal Representatives of Applicants Unrepresented Victims Unrepresented Applicants for Participation/Reparation The Office of Public Counsel for The Office of Public Counsel for the Victims Defence Paolina Massidda States Representatives Amicus Curiae Philippe Sands Payam Akhavan Michelle Butler REGISTRY Registrar Deputy Registrar Silvana Arbia Didier Preira Victims and Witnesses Unit Detention Section Victims Participation and Reparations Others Section No. ICC-01/11-01/11 2/16 1 June 2012 PURL: https://www.legal-tools.org/doc/ae7c48/ ICC-01/11-01/11-163 01-06-2012 3/16 FB PT Pre-Trial Chamber I ("Chamber'") of the International Criminal Court ("Court'') issues the following decision on the postponement of the execution of the request for surrender of Saif Al-Islam Gaddafi ("Mr Gaddafi") pursuant to article 95 of the Rome Statute ("Statute").