This website uses cookies to ensure you have the best experience. Learn more

Re: International Criminal Court Proceeding Towards Abdullah Al Senussi And Saif Al Islam Gaddafi Prosecution

983 words - 4 pages

BACKGROUND
After a coup d’état in 1969, Libya lived under Gaddafi’s authoritarian government for more than four decades. His regime was characterized by brutal repression against opposition through torture, massacres and public hangings or mutilations. This level of political repression was the government’s mean to maintain control over military and general population. Any kind of political association was forbidden, the media was controlled, and the population was closely surveillance for the government in order to avoid coup attempts. The Libyan Intelligence Service, whose chief was Abdullah Al-Senussi, was in charge of the security in and outside the country. The violence of Gaddafi’s ...view middle of the document...

Despite of the fact that Libya has not subscribed the Rome Statute, according to the Art. 13, literal b) of the mentioned Statute, the Security Council can refer to the ICC Prosecutor a situation in which appears that one or more crimes against humanity have been committed so the court could exercise its jurisdiction. Saif Al-Islam Gaddafi is allegedly responsible as indirect co-perpetrator and Abdullah Al-Senussi is allegedly responsible as indirect perpetrator of murder and persecution within the Art. 7 of the Statute.
OPTIONS FOR CONSIDERATION
1. Considering that the nature of the court is complementary to national criminal jurisdictions which implies that it is preferable that a country perform its domestic trials, Libya has the right to prosecute both criminals. Actually it is considered that crimes against humanity that are executed domestically are benefited from cultural factors and will have a deep impact in society therefore victims could closely participate along the process and the felling of justice could be strengthened.
Under this scope, the first option would be to allow Libya to carry out the trial, so the preferable figure of domestic trial would be accomplished, letting the national jurisdiction to perform a judgment regarding national laws and penalties. In addition, to proceed with a domestic trial it is necessary that the extent of the crime is completely covered by the national law so there is not option to presume a trace of impunity.
However it is necessary to recognized that the Libyan judicial system is dealing with problems such as delays in trials and investigations and difficulties to obtain evidence. Judicial institutions are in process of consolidation thought they could not be ready enough to warrant a fair trial. Human organizations claim that Libya in unable to warrant not only a fair trial but even to comply with its obligations to assure the due process of the accused.
2. The second options derives from the apparent lack of capacity of the Libyan judicial system to effectively...

Find Another Essay On RE: INTERNATIONAL CRIMINAL COURT PROCEEDING TOWARDS ABDULLAH AL-SENUSSI AND SAIF AL-ISLAM GADDAFI PROSECUTION

Strategic marketing and international marketing for Burj Al Arab hotel in Dubai

5212 words - 21 pages south by sultanate of Oman and Saudi and to the west by Qatar and Saudi Arabia. It is a predominant Muslim country with Islam as its main religion. The country has a large dependence on oil and natural gas exports where business also follows. This has encouraged the flourishing of a large number of hotels in Dubai, which has created a lot of tourists visiting the country over a long period of time.Burj AL Arab is referred to as the "Arabian tower

Music and Singing in the Light of the Islam, Quran and Sunnah by Abu Bilal Mustafa Al-Kanadi (Part 1)

3264 words - 13 pages living in the west-that Dawood (peace be upon him) composed the Psalms and sang them to the accompaniment of music. There are even some commentators of English translations of the Quraan who fall prey to the same error. For example, Abdullah Yusuf Ali comments on this verse saying, "The spiritual gifts with which the prophets came, may themselves, take different forms according to the needs of the world and the times in which they lived, as judged

The Effectiveness of the International Criminal Court

2978 words - 12 pages criminal requirements: criminalization in primary legislation, interpretation of criminal law, prosecution policy, form of prosecution, availability of investigative measures, classification by the courts of the conduct being punished, sentencing and execution of sentence. Universality and National Jurisdiction The International Criminal Court allows for a universal standard of acceptable and unacceptable behaviour as well as transcends and

Overview of the International Criminal Court

2602 words - 10 pages cases or are fugitive. From the examples given above, it can be concluded that although the court has had jurisdiction over war crimes since its inception, the activeness of the court to persecute this cases is somewhat recent. Works Cited • Cryer et al, 2010, pg. 153, Friman, Robinson, Wilmshurston An Introduction to International Criminal Law and Procedure, 2nd Edition, (London: Cambridge University Press) • International Committee of Red

Supreme Court Case Analysis American Express Company, et al. vs. Italian Color

1311 words - 6 pages Supreme Court granted the petition and remanded to the Second Circuit for reconsideration in light of Stolt-Nielsen v. Animal Feeds International (2010), which held that a party may not be compelled to submit to class arbitration absent a contractual basis for concluding that the party agreed to do so. But on remand the Second Circuit stood by its original ruling. (Hogan Lovells) The antitrust law is the ground on which the plaintiff in this

The International Criminal Court (ICC) and the Protection of Human Rights in Africa

1589 words - 6 pages analyse the emerging role played by the International Criminal Court in Africa when it comes to prosecuting crimes in the continent. This mini dissertation will examine the successes and challenges that have been encountered by the ICC in prosecuting crimes since 2002. It will also assess the jurisdictional powers of the ICC in successfully prosecuting these crimes, analysing immunity of state officials in the prosecution of international crimes

The United States Lends Credibility to the International Criminal Court

1683 words - 7 pages seemingly endless cycle of support and opposition has damaged the International Criminal Court’s reputation. Due to the fact the United States’ membership in the ICC could subject Americans to investigations and prosecution of a higher court, the sovereignty issue is one of the most documented arguments against membership. According to Atilla Bogdan (2008), “Despite the international nature of the Court, the ICC is not a substitute for national

The United States Lends Credibility to the International Criminal Court

1607 words - 6 pages ICC could subject Americans to investigations and prosecution of a higher court, the sovereignty issue is the most documented argument against membership. “Despite the international nature of the Court, the ICC is not a substitute for national criminal jurisdictions, nor does is displace them – rather it is complementary to them,” and therefore does “not infringe upon national sovereignty.” (Bogdan 2008) However, when one takes into account the

The Effects of the Purposed International Criminal Court

1318 words - 5 pages Rome, 160 nations decided to establish a permanent Inter-national Criminal Court to try individuals for the most serious offences of global concern, such as genocide, war crimes and crimes against humanity. Many feel the agreement is no less important than the adoption of the United Nations Charter itself and it was hailed by United Nations Secretary-General Kofi Annan as "a giant step forward in the march towards universal human rights and the rule

Subject: Negotiations Title: The US Opposition to the Establishment of International Criminal Court

2345 words - 9 pages IntroductionThe International Criminal Court is the very important institution, which should become the mean of struggling with such crimes as genocide, war crimes and crimes against humanity, and many countries supported that idea, but the US took position against it. The aim of this paper is the application of several concepts from the course of the negotiation to the situation with the establishment of the International Criminal Court and the

An essay on the International Criminal Court, with a mark of 18.75/20. Including- Overview, History, Jurisdiction, Structure, Rights of the accused and Current Cases

1026 words - 4 pages The International Criminal Court (ICC) was established on July 1 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes and the crime of aggression, but it cannot exercise jurisdiction over the crime of aggression, as the Rome Statute of the international criminal court stipulates that the ICC cannot exercise its jurisdiction over the crime of aggression until such time as the states parties agree

Similar Essays

International Criminal Court Essay

1779 words - 7 pages International Criminal Court Allegations of war crimes, genocide, and crimes against humanity have undoubtedly received unprecedented press coverage in recent years – more than at any time since Nuremberg. This is not because the incidences of such barbarities have increased, but simply because those crimes are brought to us more rapidly these days by the electronic media. Since the early 1990’s the international

International Criminal Court Essay

3688 words - 15 pages surrounding the ICC (reasons for such hatred towards it). The idea of an international criminal court first arose after the atrocities of World War II. The beginning point for the formation of the International Criminal Court “is usually described as the Nuremburg and Tokyo Trials [that] followed World War II.” The United Nations first saw, the future of international justice when the draft of the statute was submitted to the UN in1953; however

A Radical Islamic Group In Iraqi Kurdistan: Ansar Al Islam

2111 words - 9 pages Introduction Ansar al-Islam (AAI) issue titled the magazine and TV in September 2001, when it killed forty-two Patriotic Union of Kurdistan (PUK) fighters. This was awakened up the Kurds, who rapidly built up a conventional defensive front. It was very clearly apparent that the Kurdish was the main objective as priority of the new jihadist war, (Schanzer 2004: 43). The group was established in Kurdistan region in 2001 as a Salafist Islamist

The United States And The International Criminal Court (Icc)

4664 words - 19 pages The United States and the International Criminal Court (ICC) Statement of Purpose This paper will clearly lay out the Unites States concerns with the International Criminal Court and will attempt to resolve them. I will then argue that no country has the right to be above international law, including the United States and that it is in the best interest of America and the world community for the united states to join the efforts of the ICC