Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.


ICC expects Libya assistance on Saif trial

09 November 2012, 08:33

United Nations - The International Criminal Court's chief prosecutor said on Wednesday she expects the Libyan government's support and co-operation if judges rule that the son and one-time heir-apparent of late Libyan dictator Muammar Gaddafi must be tried by the war crimes tribunal - not by a Libyan court.

On the other hand, Fatou Bensouda told the UN Security Council that if the judges decide that Saif al-Islam Gaddafi should be tried by a Libyan court "my office will monitor those proceedings and cooperate with Libya to the extent my mandate allows".

Gaddafi 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.

Last resort

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 Gaddafi 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 Saif al-Islam Gaddafi from the ICC Office of Public Counsel for Defence 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".

- AP


Read News24’s Comments Policy

Comment on this story
Comments have been closed for this article.

Read more from our Users

Nigeria @ 56: Words to my green f...

A leader’s job is not to dictate, but rather to be respected, admired and be a trustee, of the land we love, with so much potential, a land which should be freer than free. Its still a long way to fufilling our destiny! Read more...

Submitted by
Isaac Asabor263
Recession: An opportunity for Nig...

The recession should be seen as an opportunity for the country’s promotion as long as we all collectively conduct ourselves in a patriotic manner, writes Isaac Asabor.  Read more...

Submitted by
Black and White

We want to imitate the whites in everything because we are ignorant of our inherent originality and content. We spend all our Naira to acquire his inventions because we so oblivious of our natural endowments that we allow him have it for free. Read more...

Submitted by
Nate Nat
Adamawa State University Mubi: A ...

ADSU integrity forum has accused the Sunday Joshua Wugira, a lawyer, of adopting unorthodox tactics by abusing his privilege by attacking the integrity of ADSU Vice Chancellor Dr. Moses Zira Zaruwa, writes a News24 reader. Read more...

Submitted by
Abdulsalam Jubril
My Country Nigeria (Part One)

Poetry by Abdulsalam Jubril.

Submitted by
Abdulsalam Jubril
Recession, dearth in leadership a...

Every leader has the opportunity to become great and making himself immortal in the lives and hearts of people for generations to come. Will Mr. President seize this opportunity?, questions Abdulsalam Jubril. Read more...