The Judges Strike Back
by David Bosco, for The Multilateralist blog on Foreign Policy on 29 Nov 2011 | Comments
The International Criminal Court is attempting to make clear that its judges—not the Libyans (and not the ICC prosecutor)—will have the final say on where Saif Gaddafi will be tried:
In accordance with Resolution 1970, adopted unanimously by the United Nations Security Council on 26 February 2011, the Libyan authorities have the obligation to cooperate fully with the Court. On 5 July 2011, a request for cooperation with regard to the surrender of the suspect was notified, together with the warrant of arrest, to the Libyan authorities.
Should the Libyan authorities wish to conduct national prosecutions against the suspect, they shall submit a challenge to the admissibility of the case before Pre-Trial Chamber I, pursuant to articles 17 and 19 of the Rome Statute of the ICC. Any decision on the admissibility of a case is under the sole competence of the Judges of the ICC.
Therefore, contrary to what has been reported in the media, Pre-Trial Chamber I of the ICC remains seized of the case and the Libyan obligation to fully cooperate with the Court remains in force.
But note that the court’s statement is studiously silent on whether Libya can make that admissibility challenge while holding Saif or whether it must turn him over first.
More: If the ICC judges are looking for documentary evidence that Libya is currently unable to conduct a trial of Saif on its own, they can turn to the UN Secretary General’s new report (h/t Denis Fitzgerald):
While political prisoners held by the Qadhafi regime have been released, an estimated 7,000 detainees are currently held in prisons and makeshift detention centres, most of which are under the control of revolutionary brigades, with no access to due process in the absence of a functioning police and judiciary. Sub- Saharan Africans, in some cases accused or suspected of being mercenaries, constitute a large number of the detainees. Some detainees have reportedly been subjected to torture and ill treatment. Cases of individuals being targeted because of the colour of their skin have been reported. There have also been reports of women held in detention in the absence of female guards and under male supervision, and of children detained alongside adults.
Original article:
http://bosco.foreignpolicy.com/posts/2011/11/28/the_judges_strike_back?utm_source=dlvr.it&utm_medium=twitter?page=full
