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...

...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...

This week on Opinio Juris, Kevin welcomed the new international criminal law blog Beyond The Hague to the blogosphere and sparked much debate with his post based on Judge Harhoff’s recent comments about the ICTY Appeals Chamber’s Perisic adoption of the specific-direction requirement and followed-up with a second post on the topic clarifying what the specific-direction requirement entails. Kevin also questioned the latest in the Libya and Saif Gaddafi situation, with Libya’s statement that they aren’t able to surrender him, but they could, in fact, prosecute him. Kristen pointed to...

...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...

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...

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%...

...is trying to enter the United States for the upcoming UN General Assembly meetings, despite the arrest warrant for him from the ICC. Kevin also weighed in here on that subject, and Kristen argued that travel sanctions should be used against Bashir. Kevin also pointed out the erroneous Al-Jazeera news report from Thursday that reported Saif al-Islam Gaddafi would appear in Tripoli, and pointed out that he appeared in Zintan instead (with his trial being adjourned until December in order to allow other defendants to be present). Kevin additionally discussed...

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...

...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...

...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...