Stahn on Libya and the ICC

by Kevin Jon Heller

My friend and PhD supervisor Carsten Stahn has posted a very interesting discussion of Libya and the ICC at the Hague Justice Portal.  Here is a taste:

One possible option to reconcile domestic jurisdiction with accountability before the ICC may be a division of labor based on temporal jurisdiction. In line with the Council referral, the ICC enjoys jurisdiction as of 15 February 2011.  There is no conflict of jurisdiction with respect to crimes committed prior to that date. To frame accountability in light of this distinction may, however, pose significant challenges in practice. If proceedings go ahead first with respect to atrocity crimes before the ICC, and if defendants are sentenced, chances of a subsequent trial in Libya are remote. The ICC will have to enter into an arrangement with respect to the enforcement of a possible sentence in a ‘State designated by the Court’ which indicated its ‘willingness to accept sentenced persons’. An enforcement of sentence in Libya would be unlikely, given its status as non-State Party, its detention regime and its current penalty provisions.This would complicate a second domestic trial for conduct other than that adjudicated by the ICC.

You can read the entire post here.

http://opiniojuris.org/2011/11/25/stahn-on-libya-and-the-icc/

Comments are closed.