Tag Archive | "Saif al-Islam el-Gadhafi"

Seif al-Islam Gadhafi

News Post: ICC orders Libya to hand over Gaddafi’s son

On April 4th, the International Criminal Court (“ICC”) ordered Libyan authorities to surrender Moammar Gadhafi’s son, Seif al-Islam Gadhafi after the Libyan transitional government requested a second postponement in surrendering him.  Libyan rebel fighters arrested Seif al-Islam Gadhafi in November 2011 when he was attempting to flee to Niger and the country means to try him in their own court system first.  In its ruling, the ICC requested that Libya “proceed immediately with the surrender,” but Libyan authorities intend to challenge the jurisdiction of the court.

Seif al-Islam Gadhafi

Seif al-Islam Gadhafi

The Pre-Trial Chamber of the ICC issued an arrest warrant against Mr. Gadhafi for crimes against humanity on June 27, 2011. The Libyan National Transitional Council confirmed the arrest of Mr. Gadhafi in November 2011, but requested a postponement of the Surrender Request until they could complete national proceedings regarding crimes charged against Mr. Gadhafi. In March, the Pre-Trial Chamber dismissed the postponement request.  Later in the month, Libya filed another postponement request.  The Court rejected this postponement request as well, holding that it had jurisdiction over Libya and needed to “start making arrangements in preparation for the surrender of Mr. Gadhafi to the Court without further ado.”

Libyan authorities are currently building a special prison in Tripoli where Gadhafi will be held while the militia is holding him in the western town of Zintan.  Once the prison is complete and Gadhafi has been moved, his trial will begin.  However, many people fear that Gadhafi will not receive a fair and safe trial in Libya.  In addition to the anger felt by Libyan citizens against Gadhafi, a Libyan court could sentence Gadhafi to death for persecuting and killing protestors during the uprising, while an ICC conviction could only result in a prison term.

While Libyans want to see justice in their own country for their citizens, Liz Evenson, senior counsel with Human Rights Watch’s International Justice Program has stated that it is “imperative that Libyan authorities start preparing to surrender Seif al-Islam … This is what cooperation with the court means.”  If Libyan authorities do not hand Gadhafi over to the ICC, it is possible that the matter will be brought before the Security Council, as a Security Council Resolution has ordered Libya to cooperate with the ICC.

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Saif el-Islam al-Gadhafi

News Post: Which Court Should Try Seif-al-Islam el-Qaddafi?

By: Brandi Joffrion

Saif el-Islam al-Gadhafi

Saif el-Islam al-Gadhafi

Libyan rebels captured Seif al-Islam el-Qaddafi, Moammar Gadhafi’s son, this past Saturday.  Within hours after his capture, the International Criminal Court’s (“ICC”) prosecutor, Luis Moreno-Ocampo, announced that he would be traveling to Libya becaus Seif-al-Islam is wanted by the ICC for charges of crimes against humanity.  However, Libya is not a member of the ICC Rome Statute, and it is arguable that Libya may not have an obligation under the U.N. Security Council Resolution 1970 to cooperate with the ICC’s regulations.  If Libya were to cooperate, it would have to hand over Seif-al-Islam or, at the very least, recognize that Libya is within the ICC’s jurisdiction to determine whether Seif-al-Islam can, and should, be tried in Libya’s domestic courts.

The rebels from the town of Zintan, who captured Seif-al-Islam, and the unelected interim government of Libya want him tried in Libya, where he would face the death penalty.  This is assuming, of course, that he is not murdered before trial, as occurred to his father.  The ICC, on the other hand, forbids capital punishment and would therefore not seek the death penalty against Seif-al-Islam.  Additionally, concerns have been raised that if Seif-al-Islam is not tried in Libya, Libyan citizens would be denied due justice.

Despite these concerns, it is argued that Seif-al-Islam should be tried in the ICC in order to prevent a repeat of the depraved proceedings that were brought against the Iraqi leaders.  In those cases, the leaders never received due process since they were never tried for their crimes of genocide due to the United States’ insistence that Saddam receive the death penalty.  According to the ICC’s statute, a sovereign nation is to be given priority to try its own citizens and the ICC is only to act as a court of last resort in the instance that the local justice system is in a state of “substantial collapse” or unable to operate in an impartial manner.  Currently, Libya has no working court system that will satisfy international standards and it plans to enforce the death penalty without regard to ICC standards.  Moreover, the Libyan people have demonstrated their willingness to take justice into their own hands without resorting to the justice system, as exemplified through Gadhafi’s death last month at the whim of his captors.

However, Libyan citizens could acquire justice through the ICC if it were to try Seif-al-Islam.  It is mandated that all ICC trials be televised, and either part or all of Seif-al-Islam’s trial proceedings could be held in Libya even if tried by the ICC.  Furthermore, it is possible to hold two trials: one trial in the ICC, in which the ICC would charge Seif-al-Islam with crimes against humanity, and a second trial in Libya’s domestic courts, in which Seif-al-Islam could be tried for a wider scope of crimes, which could include anything from corruption and abuse of state funds to murder and torture.

Trying Seif-al-Islam within the ICC would also set precedent for future Libyan officials who are in violation of international law and who are indicted for crimes against humanity.  As one of the “most serious crimes of concern to the international community as a whole,” it is argued that crimes against humanity should take precedence over any individual charges of murder or corruption that could be alleged within domestic courts.  In addition, the ICC provides for a fair and transparent process within the international criminal justice system by permitting the accused to raise defenses and summon witnesses, and by empanelling impartial judges, as well as requiring the heightened burden of proof  of proof beyond a reasonable doubt for any individual who may be convicted by the ICC.

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