International Justice

CJ354 Endicott College

Lockerbie bombing inquiry- A bit of old news Fall 2013

Is it in the best interest of the case for the Senussi trial to take place in Libya, meaning Senussi will no longer be sent to The Hague to stand trial?

Scottish detectives are due to interview Abdullah alSenussi, Libya’s former intelligence chief, once the right-hand man of Gaddafi. Detectives are hoping he will address the bombing that killed 270 people in December of 1988. Ben Emerson appointed to represent Senussi by the ICC said Libya has refused him the right to visit Senussi his client. If Libya denied the right of Emerson to visit Senussi what does this say about the way the trial will be conducted. Senussi is indicted by the Hague for crimes against humanity and was captured in Mauritania after fleeing to Libya after the 2011 Arab Spring revolution. He was extradited to Libya and last year went on trial, amid tight security accused of crimes committed during the revolution. Emerson is appealing against the ICC’s decision in October that Libya could take the Senussi case, arguing that the country’s turmoil raises doubts about its ability to hold a fair trail. Emerson stated Libya was, “sliding into wide-scale lawlessness where the law of the gun rules and armed militias do as they please” Some are in support that the Libyan government carry out the Senussi case and believe it is proof that the ICC is a complementary system. Others disagree and believe it goes against principle because the Libyan government is in turmoil and its legal system (ie domestic courts) do not render fair trials. Should a countries ability to hold a fair trail be made based upon social infrastructure problems (such as armed militia men capturing the country’s prime minister Ali Zeidan earlier to the announcement that Libya would take the Senussi case).




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