UNITED NATIONS (AP) – The International Criminal Court’s chief prosecutor said Wednesday she expects the Libyan government’s support and cooperation if judges rule that the son and one-time heir-apparent of late Libyan dictator Moammar Gadhafi must be tried by the war crimes tribunal _ not by a Libyan court.
On the other hand, Fatou Bensouda told the U.N. Security Council that if the judges decide that Seif al-Islam Gadhafi should be tried by a Libyan court “my office will monitor those proceedings and cooperate with Libya to the extent my mandate allows.”
Gadhafi 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.
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 Gadhafi 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 Seif al-Islam Gadhafi from the ICC Office of Public Counsel for Defense warned the judges that the international court’s reputation will be damaged if it allows Libya to put him on trial.
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.”
(Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)
- 7 common ways to get sued by your employees
- Why it might be time to upgrade your toilet
- Arizona teachers are building a better future by using technology in the classroom
- How to make summer reading fun for the whole family
- How to find relief for chronic joint pain
- Can the NBA Lottery save the Suns?
- Skip Urgent Care: 5 ailments you can treat with telemedicine
- Skin Cancer in Arizona: Stats, facts and new immunotherapy drugs making strides
- Distracted walking injuries end up not so funny
- Scary situations: 5 quick tips before you let a contractor in your home
- Four ways telemedicine is changing the health care industry
- 5 mistakes homeowners make in the spring
- Three rivers run through it: Exploring Arizona's waterways
- Smart home basics: things you need to know to get started
- 5 Surprising things causing back pain
- Arizona agriculture is a $17.1B industry
- Timeline: Arizona's roots in brewing history
- 5 reasons to love the D-backs this season
- Tips for taking your home entertainment experience to the backyard
- Tech-related injuries your parents never experienced
- Workers comp: Signs your co-worker could be a fraud
- Who's the real founder of America's pastime?
- Epidemic rising? What you need to know about Alzheimer's in Arizona
- 5 unforgettable Wooden Award winners
- Family and hard work are keys to success of modern dairy farmers
- Genetic testing could hold answers for colon cancer survival
- Cold beers and baseball: A beer lover's guide to Spring Training
- Telecommuting: 5 tips to make it work for employers and employees
- See how top CFOs feel about economic growth in the Valley
- Migraine myths that keep patients from effective treatments