Search: Complementarity SAIF GADDAFI

...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...

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...

...news report about a possible deal between Libya and the ICC to try Saif Gaddafi in Libya. Ken Anderson tried to apply to Coase Theorem to the Sudan-South Sudan conflict. Peter Spiro built on last week’s post in another post about the end of “-isms” in International Relations theory, recommending a recent article in AJIL. If you’re looking for further weekend reading, Roger Alford recommended Dean Berman’s new book on Global Legal Pluralism. Deborah Pearlstein posted about Michigan Law Review’s latest Annual Survey of books in the law, featuring her...

...also strange that SOAS would simply replace the original examiners with new ones after two “not pass” results and a subsequent allegation of bias. Why would a student who failed to correct his dissertation twice be given a third bite of the apple with different examiners? Page is hardly the first student to allege bias when he received a failing mark — and it’s not like he’s Saif Gaddafi or anything. Something is seriously wrong here. SOAS is a world-class university with very high academic standards — one I’m proud...

...A drone strike in eastern Yemen has killed at least five people in the first such raid since the army launched an offensive against al-Qaeda-linked fighters last month. At least 40 people have died and 51 have been rescued after a boat carrying migrants sank off Libya’s coast. Libya’s interim interior minister has warned that Tripoli could “facilitate” the passage of those people seeking to get to Europe illegally unless the European Union (EU) helps it combat the problem. Saif al-Islam Gaddafi has appeared via videolink at a court in...

This week on Opinio Juris, Duncan started us off by discussing privileges and immunities for diplomats and posed the question of what the public should know in cases like DWIs. His next post offered a discussion of the Native American mutual defense treaty involving the Tar Sands Projects. Kevin weighed in this week on affairs at the ICC, including this post outlining Libya’s contempt for the Office of Public Counsel for the Defense in the Saif Gaddafi case, and on a related note, with respect to the Al-Senussi case, he...

...Office of Public Counsel for the Defense, has asked the court to report Libya to the U.N. Security Council over its failure to extradite Saif al-Islam Gaddafi to The Hague. ECOWAS has condemned what it called an attempted coup in Guinea-Bissau after reports emerged of soldiers taking control of a central area of the country’s capital ahead of a planned runoff election, slated for April 29th. Mali’s new President has vowed total war against the Tuareg rebels in the north. At the Summit of Americas, taking place this weekend in...

...Saif Gaddafi, and Charles Taylor will be so relieved! (Junger obviously has absolutely no idea what a crime against humanity is — and, apparently, no interest in finding out. Probably because doing so might undermine his claim that the noble thing to do is intervene in a civil war after 100,000 innocent civilians have been murdered. It’s like the Eddie Izzard line: “after a couple of years, we won’t stand for that…”) (And no, it’s not “essentially one person at a time.” Junger might want to read something about the...

...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...

...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...

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...

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...