Monthly Archives: June 2017

ICC Prosecutor Calls for Immediate Arrest of Saif Al-Islam Gaddafi

Posted on by

Saif al IslamThe Prosecutor of the International Criminal Court (ICC) yesterday called on the Libyan authorities and all other states who are in a position to do so, to immediately arrest and surrender Mr. Saif Al-Islam Gaddafi, the son of former Libyan leader Muammar Gaddafi, to the ICC.

She noted that she was aware of the latest media reports alleging that on 9 June 2017, Mr. Gaddafi was released from the custody of the Abu-Bakr al-Siddiq Brigade of the eastern Libyan town of Zintan, where he had been held since November 2011. The Prosecutor stated that her office is currently verifying these reports and is taking all necessary steps to determine Mr Gaddafi’s whereabouts.

The Prosecutor, Ms. Fatou Bensouda, stressed that the arrest warrant issued by the ICC against Mr Gaddafi on 27 June 2011 for the crimes against humanity of murder and persecution, allegedly committed in Libya during the uprising that ousted his father in 2011, remains valid.

According to Ms. Bensouda, the purported amnesty law, under which Mr. Gaddafi has said to been freed, does not relieve Libya of its obligation to immediately arrest and surrender Mr. Gaddafi to the ICC.

In the same statement, the Prosecutor called for the immediate arrest and surrender of Mr Al-Tuhamy Mohamed Khaled, who is also the subject of an ICC arrest warrant in the Libya situation, made public on 24 April 2017.

Mr. Al-Tuhamy is Muammar Gaddafi’s former security chief and is alleged to be responsible for the crimes against humanity of imprisonment, torture, other inhumane acts, and persecution, as well as for the war crimes of torture, cruel treatment and outrages upon personal dignity, committed in Libya in 2011.

Media outlets report that the release of Saif Al-Islam Gaddafi could fuel further instability in the country, which has been under the rule of three different governments since Muammar Gaddafi’s fall in 2011. The UN-backed Tripoli government condemned the release.

In July 2015, Saif al-Islam Gaddafi was sentenced to death in absentia by a court in Tripoli in a mass trial of former Gaddafi government officials. The verdict had drawn condemnation abroad, with Human Rights Watch saying the trial was riddled with legal flaws and carried out amid widespread lawlessness undermining the credibility of the judiciary.

Gaddafi’s Son Saif al Islam Released from Prison in Libya

Posted on by

Saif Al-Islam GaddafiSaif al-Islam Gaddafi, the son of fomer Libyan leader Muammar Gaddafi, has been released. He had been in custody since November 2011 in the town of Zintan, in Libya.

The Abu Bakr al-Sadiq Brigade, a militia of former rebels that controls Zintan, where Gaddafi was detained since November 2011, said he was freed under an amnesty law promulgated by the parliament based in the eastern city of Tobruk.

The north African country has rival administrations, with the authorities in the east not recognising the UN-backed government of national accord (GNA) based in the capital.

Gaddafi’s lawyer also said he had been released but would not say which city Saif al-Islam had travelled to for security reasons.

The commander of the Abu Bakr al-Sadiq Brigade was set to release a video statement explaining the details of the release.

Saif al-Islam Gaddafi was captured in 2011 as he was fleeing to neighbouring Niger after opposition fighters seized Tripoli.

He was sentenced to death in absentia by a court in Tripoli in July 2015 in a mass trial of former Gaddafi government officials. The verdict had drawn condemnation abroad, with Human Rights Watch saying the trial was riddled with legal flaws and carried out amid widespread lawlessness undermining the credibility of the judiciary.

Saif al-Islam is also wanted by the International Criminal Court in The Hague, which issued an arrest warrant in 2011 on preliminary charges of crimes against humanity, murder and persecution for being part of the inner circle of his father’s regime.

The International Criminal Court at 15: Battling the Acceptance Challenges

Posted on by

By Francis Dusabe*

International Criminal Court New PremisesIn its 15 years of existence, the International Criminal Court is undergoing an acceptance crisis especially on the African Continent. Political narratives have significantly shaken the Court’s legitimacy and has led to the questioning of its relevance in today’s world.

This paper examines Acceptance challenges faced by the court as of 2017 and explores prospects for change to enhance its social impact.

Introduction

On 17th July 2017, the international Criminal Court will clock 15 years of existence with only 26 cases across 10 situations. To reach where it is, it underwent a series of political condemnations, many of which were based on its operational and political flaws that pushed various State parties to consider quitting.

Whereas its existence symbolizes the global consensus that crimes of concerns to humanity as whole should not go unpunished, the court suffers from strategic flaws which, once unaddressed, will eventually become a turndown to the morale behind the whole project of International Criminal Justice.

This paper looks into the challenges faced by the court as of 2017 and explores prospects for change to ensure that the ICC, once a beacon of hope for Victims of international crimes, remain in existence with tangible social impact. More specifically, it explores the drives behind state acceptance of international criminal justice and the impact of Narratives on the Court’s perception. This paper ends with proposals on how to improve its image as a Court not only for Rome statute State Parties, but as an important arm for maintenance of world peace and security.

State Acceptance of international justice

State’s acceptance of International justice may be looked at on various aspects and may be investigated through various dimensions and factors namely the people concerned, how justice is defined in local context and the Victims’ expectation of what International Criminal Justice can bring. Continue reading →