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Search: Complementarity SAIF GADDAFI

19 May

...justice in Libya. Further on Libya and the ICC, Kevin Heller discussed the contrasting, and counter-intuitive, motions of the ICC’s Office of the Prosecutor and the Office of the Public Counsel for the Defence on the issue whether Libya should surrender Saif Gaddafi to the ICC. Kevin also addressed the question whether the ICC can prosecute NATO forces for war crimes in Libya, and argued that UNSC Resolution 1970 which grants exclusive jurisdiction over the actions in Libya by nationals of non-ICC members to their home state is incompatible with...
19.05.12 | |

28 Apr

...Mohamed Badie, and confirmed the death sentences of 37 of 529 alleged supporters previously condemned. Syrian President Bashar al-Assad declared he will seek re-election in June, defying calls from his opponents to step aside and allow a political solution to the devastating civil war stemming from protests against his rule. US Secretary of State John Kerry has said that Israel risks becoming “an apartheid state” if there is no two-state solution to the Israeli-Palestinian conflict. Saif al-Islam Gaddafi and dozens of former government officials have appeared in a Tripoli court...
28.04.14 | |

15 Mar

...in absentia proceedings by the Ukrainian authorities in relation to the two generals, this does not render the potential cases inadmissible before the ICC. In the Saif Al-Islam Gaddafi case, ICC Appeals Chamber declared that the decision of a national jurisdiction should have acquired res judicata effect in order for the case to be inadmissible before the ICC (Judgment, para. 63). First, it appears that neither of the two cases initiated by the Ukrainian authorities surpassed the pre-trial stage. Second, even if the verdicts had been delivered by the Ukrainian...
15.03.24 | |

01 Aug

Fighting rages on in Syria’s Aleppo, trapping many citizens inside the embattled city. The tens of thousands who have managed to escape have become refugees, many struggling to find shelter and food. Libya’s Saif al-Islam Gaddafi is seeking a trial in The Hague at the ICC, rather than in Lybia. His lawyers say a fair trial in his home country is impossible. Foreign Policy outlines how the Taliban financially benefits from the reopening of NATO supply routes between Afghanistan and Pakistan; estimates from 2010 show $360 million falling into the...
01.08.12 | |

10 Sep

...terrorist organization. Palestinians are looking to amend the economic agreement they have with Israel in the wake of street protests against high prices. The Libyan trial against Saif al-Islam Gaddafi will now be delayed five months in light of the recent extradition of Abdullah al-Senussi from Mauritania to Libya and the relevant information that may come from his interrogation. Though they will not accept the government of Hamid Karzai, some Taliban leaders are ready to negotiate a comprehensive peace plan in Afghanistan. In other Taliban news, the group has threatened...
10.09.12 | |

13 Mar

Like many young, lefty international lawyers, one of my intellectual heroes is Philippe Sands. He is a remarkable scholar and an equally gifted advocate, and he puts both to good use no matter how unpopular the position or client — as his representation of the Libyan government in its challenge to the admissibility of the case against Saif Gaddafi demonstrates. Above all, he has always struck me as a deeply principled person. So I am not surprised in the least that he has decided to quit the Liberal Democrats to...
13.03.13 | |

16 Feb

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...
16.02.13 | |

26 May

...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...
26.05.14 | |

09 Jun

...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...
09.06.12 | |

19 Sep

Saif al-Islam Gaddafi will join 37 former regime members in a pre-trial session in Tripoli over charges of murder and crimes allegedly committed during 2011 civil war. Despite Russia’s claims that the UN report on chemical weapons in Syria is biased, the UN claims the evidence that rockets were used containing sarin gas is indisputable. Syrian President Bashar al-Assad has pledged to destroy his stockpile of chemical arms but said it would take one year to do so and will cost about $1 billion. Police in Singapore have arrested 14...
19.09.13 | |

28 Jun

This is a major development, one that I hope does not get lost in the welter of commentary on the Bemba acquittal. If you recall, in June 2012 the Libyan government detained four ICC officials who were in Zintan on official Court business: Melinda Taylor from the Office of Public Counsel for the Defence (OPCD), who had been provisionally appointed Saif Gaddafi’s defence counsel; two officials from the Registry; and a translator, Helene Assaf. Libya charged all four with various criminal offences and ultimately detained them for 27 days. About...
28.06.18 | |

24 Aug

Libya has set a date for the trial of Saif al-Islam Gaddafi, despite the calls for him to be tried at the International Criminal Court in The Hague. More from Jurist can be found here. Israel claimed that South Africa is acting like an “apartheid state” with its new move to mark goods coming from the West Bank with made in the Israel-Occupied Territories labels. Justice in Conflict covers the best evidence that LRA leader Joseph Kony may be in Darfur. The Taliban can be traced to up to 25%...
24.08.12 | |