Search: Complementarity SAIF GADDAFI
03 Jan Four Quick Thoughts on Justice in Libya
are conducted with full respect for the fundamental rights of the accused. Fourth, and finally, Ruti argues that it would be inappropriate for Libya to try Saif for “ordinary” domestic crimes, as opposed to crimes against humanity. As she says, “one needs to take into account the nature of the offense for which Saif was wanted. The warrant for Saif lists crimes against humanity—not ordinary offenses—and these are the misdeeds that motivated Security Council action on Libya in the first place… Will Libya bringing case against Saif under ordinary criminal...05 Aug The Primary Reason Why Libya’s Admissibility Challenge Must Fail
In my earlier post on Libya’s admissibility challenge, I explained how the Libyan government’s failure to provide Saif with due process could be relevant to the admissibility of the case against him. There is, however, a far stronger argument against Libya’s admissibility challenge, one that I’ve discussed before: namely, that Article 17(3) deems a case admissible if “the State is unable to obtain the accused,” and Libya is unable to obtain Saif from the Zintan militia that has him in custody. The OPCD’s response makes the argument at length, with...23 Nov Does Libya Have to Surrender Saif to the ICC? (Answer: Yes)
Most commentators have assumed — Julian included — that Libya has an obligation under the Rome Statute to surrender Saif Gaddafi to the ICC before it can challenge the admissibility of the case against him. At The Multilateralist today, David Bosco quotes a UN diplomat who believes that Libya can challenge admissibility without first surrendering Saif: [Y]esterday, an extremely well informed diplomat at the UN got in touch to point me to a provision in the statute that appears to anticipate the possibility a country holding onto the subject of...05 Aug Saif Gaddafi’s Statement About the Possibility of Justice in Libya
In my post on the detention of Melinda Taylor and her team, I mentioned that the “guard” planted by the Libyan government to spy on the OPCD’s official meeting with Saif first intervened when Saif tried to sign a statement describing his attitude toward the Libyan criminal-justice system. I thought readers might be interested in the statement itself: Unsigned statement/sentiments from Mr, Saif Al Islam Gaddafi 7 June 2012, Zintan 1. I want to face justice. 2. I want to do so because I believe that Libya, the victims in...25 Sep An Arab Fling: The West and International Justice in Libya
up the Gaddafi regime and were complicit in systemic and systematic human rights violations. It doesn’t take much research to discover the extent to which Western states and Libya developed a remarkably cozy political, military and economic relationship. Virtually every major Western state had significant dealings with Gaddafi and his regime. Despite protestations from human rights groups and Gaddafi’s victims, he was no longer the “criminal” tyrant who presided over a “reign of terror”, as described by Ronald Reagan. Instead, he was convinced to take responsibility for Lockerbie, renounce sponsorship...20 Apr Saif Gaddafi Gets a New Lawyer (For Now)
OPCD’s rationale for withdrawing should give us all pause: The OPCD submits that an imminent depletion in staffing will disrupt the continuity of Mr Gaddafi’s representation and will significantly affect its ability to fulfil its mandate in a timely and effective manner. The OPCD suggests that replacement of counsel for Mr Gaddafi at this juncture would facilitate a smooth transition in representation and would ensure that new counsel has sufficient time to acquaint themselves with the case in advance of potential appellate proceedings. Reading between the lines, it seems clear...25 Feb Will Anyone Publish Saif Gaddafi’s Book on Civil Society?
We already knew that Muammar scion Saif Gaddafi had written a dissertation at LSE entitled “The Role of Civil Society in the Democratisation of Global Governance Institutions: From Soft Power to Collective Decision Making?” But I didn’t know that it was slated to be published by Oxford University Press. This at HuffPo from Ben Barber (who, ahem, knows something about the Gaddafis): If the father is deposed, there is little chance the son can go back to being a reformer and human rights advocate. And Oxford University Press, which contracted...
12 Mar Amnesties, The Gaddafi Admissibility Appeal Decision and the Minsk Agreements
human rights violations. As regards the International Criminal Court, the question of amnesties was addressed for the first time in ICC history only recently by Pre-Trial Chamber I in its April 2019 Gaddafi Admissibility decision. There, Pre-Trial Chamber I had to deal with a defence claim that the case against Mr. Gaddafi had been finally settled following his conviction and subsequent amnesty by Libyan Law No 6/2015. The defence argued that because of his trial and subsequent amnesty, his case had already been ‘tried’ for the purposes of art. 20(3) ICC Statute...25 May Guest Post: Five Questions on the Colombian Sentencing Practice and the Principle of Complementarity under the Rome Statue
...the crime is widely accepted in international criminal law. In the Lubanga sentencing decision (para. 36), the ICC held that the ‘gravity of the crime’ is one of the principal factors to be considered in the determination of sentence, which should be in proportion to the offence and reflect the culpability of the convicted person. How will this consideration play out in the complementarity analysis? Will a sentence of 5 to 8 years of imprisonment for crimes against humanity and war crimes be considered grossly disproportionate? The principle of complementarity...
07 Jun Complementarity in the Palestine Situation at the ICC: Could Article 70 Conduct Render Israel “Unwilling” to Investigate Genuinely?
...political, military and intelligence structures. The Principle of Complementarity What is the impact of Israel’s alleged Article 70 conduct in relation to the Prosecutor’s ongoing investigations in the Palestine Situation? The so-called “principle of complementarity” is reflected in Article 17(1) of the Rome Statute: the Court shall determine that a case is inadmissible where: (a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution. This entails that an ICC...