ICC expects Libya assistance on Saif trial

2012-11-08 21:14
Saif al-Islam Gaddafi (AFP, File)

Saif al-Islam Gaddafi (AFP, File)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

United Nations - The International Criminal Court's chief prosecutor said on Wednesday she expects the Libyan government's support and co-operation if judges rule that the son and one-time heir-apparent of late Libyan dictator Muammar Gaddafi must be tried by the war crimes tribunal - not by a Libyan court.

On the other hand, Fatou Bensouda told the UN Security Council that if the judges decide that Saif al-Islam Gaddafi should be tried by a Libyan court "my office will monitor those proceedings and cooperate with Libya to the extent my mandate allows".

Gaddafi was indicted last year by ICC prosecutors on charges of murdering and persecuting protesters in the early days of the popular uprising that ultimately toppled his father's regime.

He is being detained by an armed militia in the Libyan town of Zintan, and Libya's new rulers have challenged the ICC saying they want to move him to Tripoli and put him on trial.

Last resort

The 10-year-old ICC based in The Hague, Netherlands, is a court of last resort, meaning it only takes on cases from countries where authorities are unwilling or unable to prosecute defendants for war crimes, crimes against humanity and genocide.

The pre-trial judges have to weigh the desire of Libya's new government to prosecute Gaddafi against their ability to do so in a nation still in post-conflict turmoil where the rule of law is being slowly rebuilt after more than four decades of neglect under his father's regime.

Bensouda told the Security Council that the judges will make a decision "in due course".

Libyan authorities have taken note of criticism from human rights organizations and Security Council members, Dabbashi said, and "are firmly determined to install the rule of law and establish a comprehensive and effective legal system".

At a hearing in The Hague in October, however, a lawyer for Saif al-Islam Gaddafi from the ICC Office of Public Counsel for Defence warned the judges that the international court's reputation will be damaged if it allows Libya to put him on trial.

Revenge

Melinda Taylor said trial in Libya will be "not motivated by a desire for justice but a desire for revenge and there is no right for revenge under international law".

Bensouda cited a Libyan law granting amnesty to those who committed crimes necessitated by the revolution and encouraged the new Libyan government due to be sworn in shortly "to ensure that there is no amnesty for international crime, and no impunity for crimes regardless of who the perpetrator is and who is the victim".

Richard Dicker, international justice director at Human Rights Watch, said the amnesty law and others "are in effect spitting in the face Libya's obligation to prosecute those responsible for horrific crimes, regardless of whose side they were on".

- AP
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
3 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News

Jobs in Cape Town [change area]

Jobs in Western Cape region

Corporate Librarian Assistant (EE Only)

Cape Town
SET Recruitment Consultants
R250 000 - R280 000 Per Year

Structural Draughtsman

Cape Town
Communicate Cape Town Engineering
R180 000 - R250 000 Per Year

Java Developer

Cape Town
Communicate Cape Town IT
R20 000 - R55 000 Per Month

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

20% off all TV Series!

Want to have a chilled day at home? Get 20% off TV series, the perfect excuse to "veg out". Shop now!

Save R700 on the Hisense LED TV Now R2499

Get the Hisense 32” HD ready LED TV for only R2499. Offer valid while stocks last. Shop now!

Up to 40% off fashion accessories

Save up to 40% on selected handbags, purses, watches, jewellery and more. Offer valid while stocks last. Shop now!

Save up to R2000 on top electronics

Get every day mind bowing savings on top electronics. Offer valid while stocks last. Shop now!

As seen on TV - New book releases at only R199 each

Get mind blowing book savings on new titles. Offer valid while stocks last. Shop now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

Today is one of those days where the more positive and optimistic you are the more opportunities you seem to attract....read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.