Search: Complementarity SAIF GADDAFI
23 Feb Is Libya “Able” to Obtain Saif?
the ICC that arrangements were being made to transfer Mr. Gaddafi to Tripoli. At the beginning of March 2012, the ICC focal point assured the OPCD that Mr. Gaddafi would be transferred from Zintan to Tripoli in a matter of two weeks. In the May 2012 admissibility challenge, the Government indicated that it was “focused on negotiating the safe and orderly transfer of Mr. Gaddafi from a secret location to a specially constructed prison facility in Tripoli”. 271. During the October admissibility hearings, the Government expressed its view that it...21 Apr Registry Report on Gaddafi’s Situation in Libya
to Mr. Gaddafi. Upon his return, the Coordinator indicated that Mr, Gaddafi wanted to talk to him about the Libyan procedures against him and about the possibility to have a lawyer. He mentioned that Mr. Gaddafi had requested to have an interview with him as a condition to speak to the Court. Dr. El Gehani added that he advised him to appoint a lawyer… 17. Saif Al-Islam Gaddafi appeared smiling and willing to talk to the Court. It was difficult to assess whether he had lost a lot of weight...02 Jan The ICC and Saif: After International Intervention, Avoiding Victor’s Justice
...Now, after the capture of Saif Ghadaffi, the meaning of this obligation is being put to the test. Saif is wanted by the ICC for war crimes; but the Libyan authorities want to prosecute him in the country’s own courts. The ICC prosecutor, Luis Moreno Ocampo, takes the view that Libya has a right handle on Saif’s trial, provided its courts are up to the task. Ocampo is relying on a principle of the ICC’s Statute, known as “complementarity”—the principle which allows for a challenge to ICC jurisdiction on the...04 Sep Guest Post: A Complementarity Challenge Gone Awry– The ICC and the Libya Warrants
[Jennifer Trahan is an Associate Clinical Professor, The Center for Global Affairs, NYU-SPS, and Chair, International Criminal Court Committee, American Branch of the International Law Association.] On July 28, 2015, a domestic court in Libya announced death sentences against Saif al-Islam Gaddafi, the son of former Libyan leader Muammar Gaddafi, and Abdullah al Senussi, who served as intelligence chief. In total, 32 former Gaddafi-era officials were convicted, including 9 who were sentenced to death. Yet, observer accounts suggest the trials were deeply flawed, lacking key fair trial protections. The possibility...22 Apr OPCD Report on Gaddafi’s Situation in Libya
position to select counsel himself He does not know any lawyers, his family did not have any retained lawyers to his knowledge, and he does not have the ability to call lawyers to interview them or ascertain their availability. 41. Mr. Gaddafi requested the OPCD to either select counsel or help him in this matter. [Redacted]. Mr. Gaddafi is also willing for the OPCD to continue to represent him before the ICC, until a counsel is appointed. Saif’s statements about the status of the investigation into his actions obviously need...03 May Is Libya “Able” to Prosecute Saif and Al-Senussi?
(para. 96): Libya is clearly “able to obtain the accused or the necessary evidence and testimony”. Mr. Gaddafi is under custody in Libya and an extradition request to Mauritania for Mr. Al-Senussi is pending. I’m less confident than the authors of the motion. Saif is indeed “under custody in Libya” — but he is not under the custody of the NTC. On the contrary, as the Registry’s report notes, Saif is being held by a Zintani militia that is not loyal to the NTC (para. 11): The city of Zintan...08 May OPCD Moves to Disqualify Moreno-Ocampo
Things are getting ugly at the ICC. The Office of Public Counsel for the Defence, which has been appointed to protect Saif Gaddafi’s interests at the Court, has now moved to disqualify Moreno-Ocampo from Saif’s case on the ground that he “lacks the requisite impartiality to direct the investigations and prosecutions” because of his “repeated failure to respect the presumption of innocence and rights of the defendant under the Statute, and an objective appearance that [he] is affiliated with both the political cause and legal positions of the NTC government”...