Search: Complementarity SAIF GADDAFI

...to replace the murderous Assad regime. Regime change is not the same thing as regime improvement. Moreover, even if a new regime would be generally better than the Assad regime, that does not mean it would not do terrible things to certain disfavored groups. That is a lesson we should have learned in Libya: although no one is shedding tears for the Gaddafi regime, the new Libyan government has proven all too willing to commit atrocities against groups such as the Tawerghans. Indeed, as I discuss in this essay, there...

When I wrote my account of Melinda Taylor and her team’s detention, I somehow missed this gem in the OPCD’s response: 381. The inability of the particular prosecution authorities assigned to the case of Mr. Gaddafi to conduct credible or effective investigations and prosecutions is amply demonstrated by the fact that these same prosecution authorities claimed that an ordinary swatch watch worn by the ICC interpreter, was in fact a ‘spy watch’ (with video or GPS capabilities so hidden that even she and the swatch makers were unaware of them),...

...have been paid to shill for delisting — supporting “good” terrorists is, of course, one of the few bipartisan acts still possible in the U.S. — are guilty of providing material support to terrorists, a felony punishable by life in prison. They will never be prosecuted, of course; now that MEK’s history of violence (all of six months old) has been consigned to the memory hole, Obama’s hypocritical “look forward, not backward” mantra automatically applies. BONUS TRIVIA: The MEK’s lobbying firm, Brown Lloyd James, has also worked for Gaddafi and...

...on after – or perhaps result from – the disappearance of the organisational structure of one or more of the fighting parties. Take, for example, the situation in Libya in the period after the defeat of the Gaddafi regime and the forming of the new government by the rebels. My submission that NIACs end when the level of violence and/or organisation drops below a certain lower threshold, has consequences for the application of IHL and consequently for the protection afforded by IHL. It may be feared that it would lead...

...the summit instead. Fourteen years before, the ICC issued the first arrest warrant against a sitting head of state, Omar Al Bashir of Sudan. A second arrest warrant against Al Bashir was issued a year later. Al Bashir was the first President ever indicted by the lCC, while Muammar Gaddafi is the second, and Putin is the third. The essay will discuss the various responses of states and regional bodies to the indictments of Al Bashir and Putin including comparing the global south vs global north responses. Are these two...

...there was room to discuss rebuilding in the Libyan context through the prism of R2P’s Pillar 2, namely, through providing assistance and capacity-building to post-Gaddafi Libya to ensure safeguarding from the resurgence of mass atrocity crimes. Reflecting more globally, Peake draws attention to an emerging trend on the international scene that seemingly counteracts the post-Charter move towards multilateralism that I describe in the book, namely, ‘shrinking multilateralism and the mounting nationalism’. Peake is spot on that emerging nationalist rhetoric threatens to unravel decades of work in which community interests such...

...sea, something that has led to the kind of tragedy described above by 28-year-old Emmanuel. In 2014-2018, Human Rights Watch reported that Italy and the EU committed at least 12 million euros to the migration detention centres despite numerous reports of grave human rights violations. Arrangements of this nature reportedly date back to the Gaddafi era, an endeavour the Global Detention Project described as a  ”multi-million-Euro ‘migration management’ project”. Detention centres are not the solution, let alone in the way in which they currently operate. The fact that Carola Rackete’s...

...the CIA black site outside of Warsaw allegedly used for the extraordinary rendition of detainees in the “war on terror.” The UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Christof Heyns, has urged the United States to stop the execution of two people with disabilities. Happy 94th birthday to Nelson Mandela! Parties seen as liberal have won the most seats in the first Libyan elections since the overthrow of Gaddafi. An Australian woman has won a multi-million dollar settlement against the Australian distributors of Thalidomide in the 1950s and...

...this week including information about the Kenyan MauMau uprising, the Maylayan Emergency and the evacuation of the Chagos islands, among other things. The former UK Foreign Secretary, Jack Straw, is facing a lawsuit by a Libyan dissident claiming to have been taken to Gaddafi’s Libya under a rendition operation facilitated by MI6. Aung San Suu Kyi will visit Norway and Britain in June this year, in her first foreign trip since 1988. French President Nicholas Sarkozy denies allegations of having sold a nuclear reactor to Muammar Gadaffi’s regime in 2010....

...no reason to believe, however, that the warrant for al-Werfalli will be any more successful than the ones for Gaddafi and al-Senussi: the LNA has already made clear they will not surrender him to the ICC, and the GNA has zero prospect at present of capturing him. On Wednesday, Rodrigo Duterte, the President of the Philippines, instructed his police to shoot human-rights activists who are “obstructing justice” by investigating his war against (alleged) drug dealers. That war has involved at least 7,000 extrajudicial killings in the past 13 months and...

Reacting to the still-imminent fall of the Gaddafi regime in Libya, U.S. presidential candidate (and likely future president if you believe these polls) Mitt Romney has called for the extradition of the mastermind of Lockerbie bombing, Abdelbaset Mohmed Ali al-Megrahi, to the United States. The demand raises an interesting dilemma. Megrahi was tried and convicted in a special Scottish tribunal set up specifically for the Lockerbie case. He was serving time, and then released in the belief he was terminally ill. He miraculously recovered, however. In any event, is there...

This week on Opinio Juris, Kevin Jon Heller wrote about Niger’s offer to extradite Saadi Gaddafi to the ICC, should this be requested. Kevin also discussed the conditions attached by the UK for a vote in favour of Palestine’s “non-member state” bid in the UN General Assembly. The requirement that the Palestinian authority does not apply for ICC or ICJ membership most likely proved to be a dealbreaker, as the UK ultimately abstained. Following the vote, Kevin argued that Palestine can accept the ICC’s jurisdiction retroactively by making a simple...