Search: Complementarity SAIF GADDAFI

...pointed out, the ICC has nothing to gain by considering Libya’s admissibility challenge regarding Saif, because Libya has indicated that it has no intention of complying with an adverse decision. The same problem exists even more acutely in situations in which multiple states challenge admissibility, as permitted by Article 19. It makes no sense for the ICC to risk alienating member-states by resolving competing admissibility challenges when the custodial state will simply refuse to extradite the suspect should the ICC give the other state priority to prosecute. That is not...

...hearings. On the US-ICC relationship, Julian ventured that a cultural change is required if it is to blossom into a love affair. More news from the ICC came from Kevin, who worried that a funding crisis was behind the OPCD’s request to withdraw from the Saif Gaddafi case, and the Pre-Trial Chamber’s approval of a new lawyer. Finally, Kevin corrected an old post on whether Bill Keller of the NYTimes can be charged with aiding and abetting the enemy like Bradley Manning. As always, we listed events and announcements that...

The trial against Ratko Mladic at the ICTY continued today, with testimony today covering the systematic execution of 8,000 Muslim men and boys. However, due to prosecutorial error, Judge Orie has suspended the presentation of evidence indefinitely, originally to begin May 29. Foreign Policy takes us back to the early days of the tribunal with this graphic representation. In Libya, Saif al-Islam Gaddafi is refusing to appoint a defense lawyer for domestic charges against him in that country. ICC Prosecutor Luis Moreno-Ocampo said yesterday that he would not oppose a...

The Falkland Islands are set to hold a referendum about sovereignty. IntLawGrrls points to interesting issues arising around citizenship and globalization. The ICC Prosecutor seeks a 30-year sentence for Thomas Lubanga Dyilo, convicted of conscripting child soldiers in the Democratic Republic of the Congo. In other ICC news, a team from the Court has visited the four detained staff members in Libya, accused of smuggling documents to Saif al-Islam Gaddafi. The International Criminal Tribunal for Rwanda has transferred its fifth case to domestic authorities. The UN Security Council has passed...

...motivation, fearing that the US would use intervention in Syria to target them as well. Foreign Policy has a piece about the limits of acting in Syria for the US, citing limited options, limited interests and limited reasons for getting involved Muammar Gaddafi’s son Saif al-Islam and spy chief Abdullah el-Senussi will stand trial in Libya beginning September 19th, according to the Prosecutor General. Two attacks by suspected Boko Haram fighters have killed 24 people in Nigeria’s northeast in the latest violence believed to be in revenge against vigilantes. Iran...

...Beijing had called off human rights talks. Japan and Australia have clinched a bilateral trade deal. Middle East and Northern Africa The trials have begun in Tripoli against Saif al-Islam Gaddafi and his younger brother, Saadi, on charges including murder and plundering state coffers. Their co-accused include the former intelligence chief, Abdullah al-Senussi and former prime ministers, al-Baghdadi al-Mahmudi and Bouzid Dorda. Israel is holding secret talks with some Arab states that do not recognize it, looking to establish diplomatic ties based on a common fear of Iran according Israeli...

Saif al-Islam Gaddafi has appeared in a court for the first time since his capture last year, in the western town of Zintan, where he is facing charges related to a visit by an ICC lawyer last year. Jurist has more here. US and ECOWAS troops will support France’s mission in Mali. Armed Groups in International Law has an insightful post on the French intervention in Mali and Additional Protocol II. African Union peacekeepers trying to dislodge Islamist rebels from Somalia’s Lower Shabelle region shot dead at least seven civilians...

Libya will challenge the jurisdiction of the International Criminal Court over Saif al-Islam Gaddafi in order to try him on Libyan soil. Mark Kersten at Justice in Conflict has more analysis about the battle of where the trial will be held. Police in Sierra Leone have arrested an investigator employed by former Liberian President Charles Taylor’s defense team on charges he attempted to bribe prosecution witnesses to recant their testimony during Taylor’s war crimes trial. Nigerian soldiers have shot more than 30 civilians dead in the northeastern Nigerian city of...

A four-member delegation from the ICC in Libya, who went to meet with Saif al-Islam Gaddafi, has been detained by Libyan authorities after one of the lawyers, Melinda Taylor, was found allegedly carrying suspicious documents. Syrian government forces renewed their attacks on Homs, killing at least 35. Protesters in Chile rallied against a documentary honoring Augusto Pinochet. The world’s newest country, South Sudan, struggles to open embassies, with only about a dozen open to this point. After a blast that killed women and children over the weekend, NATO has vowed...

This week on Opinio Juris, Julian noticed the apparent truce between the American right and the ICC, but didn’t go as far as calling it peace. Further on the ICC, Kevin pointed out a flagrant mistake at the Washington Times, and argued that the OTP was wrong in concluding that Libya is able to try Saif Gaddafi, because the Rome Statute does not consider a trial in absentia to meet that standard. Talking about criminal prosecutions, Peggy asked whether Pope Benedict XVI could be sued in the child sex abuse...

...say, has one of the world’s best international-law practices. (And excels in many other areas, such as criminal law.) Its roster of barristers includes such luminaries as: Geoffrey Robertson QC — one of the founders of the set, who needs no introduction to OJ readers. Sir Keir Starmer, KCB, QC — the former Director of Public Prosecutions and Head of the Crown Prosecution Service, currently serving as Croatia’s counsel at the ICJ in Croatia v Serbia. John R.W.D. Jones QC — counsel for Saif Gaddafi at the ICC and Mustafa...

...the ICC’s Pre-Trial Chamber’s decision that article 95 of the ICC Statute applies to requests for surrender, and it was not only because they did not agree with him on this point. Later in the week, he was more positive about the OTP’s response to Libya’s challenge to the admissibility of the cases against Saif Gaddafi and Abdullah al-Senussi. Further on international criminal law issues, Marina Aksenova argued in a guest post why Charles Taylor’s sentence is adequate. Kevin congratulated the Chief International Co-Prosecutor of the ECCC, Andrew Cayley, on...