Comments on: The ICC must consider fair trial concerns in determining Libya’s application to prosecute Saif al-Islam Gaddafi nationally

By: ICC Pre-Trial Chamber Suspends Libya’s Obligation to Surrender Saif Gaddafi and Asserts Application of ICC Statute to Libya « EJIL: Talk!

Sat, 30 Jun 2012 06:42:29 +0000

[...] May, Libya did file a challenge to the admissibility of the proceedings (which has been discussed here on EJIL:Talk!). Earlier this month, the Pre-Trial Chamber held that as a result of Libya’s admissibility [...]

By: John Morss

John Morss — Thu, 21 Jun 2012 03:13:29 +0000

responding to myself [bad habit], but wonder if anyone thinks Julian Assange’s Ecuador asylum bid has any legs? JRM

By: John R Morss

John R Morss — Sun, 17 Jun 2012 23:13:03 +0000

It seems regrettable in many ways but I think KJH is probably correct in his analysis. May I ask if anyone is surprised that Australian lawyer Melinda Taylor [who we all hope is ok] was placed in the position she has been ie by the ICC — why was she sent to Libya? it seems extraordinary for ICC defence counsel to be involved in such a direct geographical ‘outreach’ sense ahead of the person’s release to ICC jurisdiction. How could her mission not undermine or compromise Libya’s own processes, and hence compromise ICC integrity? [and let's hope the Australian govt's correct protective response to Taylor's difficulty reminds it of its obligations to that other Australian in trouble ...]

By: Tomaso Falchetta

Tomaso Falchetta — Wed, 13 Jun 2012 15:13:46 +0000

I cannot agree more with the writers.

Instead I am unable to understand those who claim serious fair trial concerns can be dismissed as simply “regrettable” side effects.

It seems sufficiently plain to me that the test to establish whether national authorities have the intention/capacity to bring the suspect to justice must include an assessment of the fair trial of the national proceedings. Without such fair trial, there would simply be no justice.

Tomaso Falchetta

By: Charles Jalloh

Charles Jalloh — Wed, 13 Jun 2012 04:48:16 +0000

Great post. Put simply, the ICC should not participate in a charade.

Indeed, if anyone needed actual proof that Libya’s legal system is wholly incapable of holding a fair trial that comports with the due processrequirements of the Rome Statute of the International Criminal Court, now you have it in Libya’s unacceptable decision to unlawfully detain, as of June 7, 2012, one of the two Pre-Trial Chamber appointed lawyers for Saif al-Islam Gaddafi from the ICC’s Office of the Public Counsel for Defence.

Ms. Melinda Taylor was directed to represent the interests of Mr. Gaddafi, pending the appointment of his own counsel, but despite her immunity from any form of arrest and legal process for her official acts has apparently been detained either by militia or government forces in the Western Libyan town of Zintan. She was travelling with three other ICC staff, who also appear to have been detained. The ICC President has reminded that the delegation enjoys immunity and should be released forthwith. Libya has refused to budge. So much for Libya’s alleged ability to hold a fair trial!!

For more on this story, go over to International Criminal Law Ferment where I have blogged about this issue: http://iclferment.blogspot.ca/2012/06/melinda-taylor-is-entitled-to-immunity.html.

By: Kevin Jon Heller

Kevin Jon Heller — Fri, 08 Jun 2012 06:54:20 +0000

It’s worth noting that just yesterday the Office of the Prosecutor unequivocally rejected the position taken in this post, as I discuss here:

http://opiniojuris.org/2012/06/07/otp-responds-to-libyas-admissibility-challenge/