To Prosecute Taylor or Not To Prosecute Taylor — That Is the Question

by Kevin Jon Heller

In my previous post, I noted that Libya’s representative to the ICC unequivocally acknowledged that Libyan courts could not prosecute Taylor for the alleged misconduct that led to her detention.  Apparently, not all Libyan officials are on the same page; witness what a “senior member of the Libyan attorney-general’s office” told the BBC earlier today about Taylor and the others:

“They are due to face the courts here in Tripoli for the final ruling” on 23 July, the source said.

“We expect them to come back for the hearing but if they don’t, a ruling will be made in absentia,” the source added.

That doesn’t sound like immunity to me!  It’s very unlikely, of course, that Taylor and the others will be returning to Libya anytime soon.  But Libya has obviously learned nothing from this entire fiasco — other than that detaining ICC employees is a good way to get the Court to do whatever you want.

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