International Justice

CJ354 Endicott College

Son of Gaddafi to be Tried in Libya

Libya’s Justice Minister has chosen to forgo sending Saif al-Islam Gaddafi to the ICC upon their request.  Libya seeks instead to try him on charges of financial corruption, mureder and rape with his trial commencing as early as this month.  They seek a verdict as early as mid June, saying ” ‘It’s a priority to try him under the Libyan law by Libyan judges on Libyan soil,’ adding that authorities are taking necessary measures to ensure a fair trial.”  This comes in the wake of the ICC, on Wednesday, ordering the Libyan government to comply with their arrest warrant and surrender Gaddafi.

The denial of request for trial by the Libyan government has been met with defiance as Ashour elaborates, “there is no intention to hand him [Saif al-Islam] over to the ICC, and Libyan law is the right system to be used to try Saif Gaddafi”.  It will be interesting to see how the Security council and ICC react to this.


3 responses to “Son of Gaddafi to be Tried in Libya

  1. brianumass April 11, 2012 at 11:28 am

    Unfortunately the ICC has little to no power to reprimand Libya for its lack of compliance. The Security Council could intervene with political and economic pressure but it would seem unlikely at this time. Given the turmultous nature of Libya it would seem unfair and even unjust for the UNSC to punish them further for lack of compliance with the ICC.

    Ultimately the goal for the ICC is for justice, and if the Libyan government is sincere with its pursuit of establishing a functioning judicial presense, that progress should not be stripped away because the international community is upset that Libya has not met its short term requirements. Allowing Libya to create a legitimate judicial system would go a long way in the countries rehabilitation, and no better way for it to do so then through a fair domestic trial of Saif Gaddafi.

  2. michaelbasumass April 11, 2012 at 6:53 pm

    Although the ICC is claiming jusisdiction to try Saif al-Islam because of the warants it issued last year, we must keep in mind that the ICC is a court of last resort . A state must be proven to be either unable or unwilling to administer justice in order for a case to be a viable option for the ICC.
    This will be a major test for Libya to show the international community that their justice system is viable and legitimate. The Libyan judicial committee that is responsible for the trial had not yet been created, so it is necessary for advancement on the case to made promptly in order to display a functional justice process.

  3. skmonroe707 April 18, 2012 at 11:48 pm

    An update on the subject–
    Today Ocampo made an announcement that stressed the fact that it would be ICC judges that would try Saif. He also went on to make the statement that the ICC wanted justice against Saif, and the Libyans wanted justice against Saif so ultimately there was no doubt that “there would be justice on Saif”.
    A lawyer in charge of the case also said how he believed Ocampo’s upcoming visit to Libya would actually help CONVINCE judges to allow Saif to be tried in a Libyan court where, it was then mentioned, Libya has the death penalty.

%d bloggers like this: