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...