Naslov
Gaddafi Admissibility Judgment

Autori
Becker, Steven W. ; Sokanović, Lucija

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
Annotated Leading Cases of International Criminal Tribunals: Judgment on the appeal of Mr Bosco Ntaganda against the Decision of Pre- Trial Chamber II of 18 November 2013 entitled „Decision on the Defence's Application for Interim Release“, Prosecutor v. Ntaganda, Case No. ICC-01/04-02/06 OA, A. Ch., 5 March 2014

Urednik/ci
Klip, André ; Freeland, Steven

Izdavač
Intersentia

Grad
Cambridge

Godina
2020

Raspon stranica
169-176

ISBN
978-1-83970-028-6

Ključne riječi
International Criminal Court, primacy of jurisdiction, the principle of complementarity, “same person/(substantially) same conduct” test, dissenting opinion

Sažetak
The authors analyze Judgment on the Appeal of Libya against the Decision of Pre-Trial Chamber 1 of 31 May 2013 entitled “Decision on the Admissibility of the Case against Saif Al-Islam Gaddafi”, Prosecutor v. Gaddafi and Al-Senussi, Case No. ICC-01/11-01/11 OA 4, A. Ch., 21 May 2014 ; Separate Opinion of Judge Song and Dissenting Opinion of Judge Ušacka. On the one hand, the Appeals Chamber majority’s opinion, which affirmed the admissibility decision of Pre-Trial Chamber I, further refined what has become known as the “same person/(substantially) same conduct” test, which has clearly favored the retention of jurisdiction by the ICC. By contrast, Judge Ušacka, in her dissenting opinion, explicitly criticized the majority’s test and indeed emphasized the pre-eminence of the principle of complementarity, which, if adhered to, would likely result in much greater participation by domestic nations. Authors emphasize that justice should not only be done but, where possible, should be seen to be done at the national level. The principle of complementarity calls for subsidiarity, not paternalism.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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