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Addressing Libya's Past Injustices - Essay Example

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The provisions of the ICC laws include prosecution of persons who have committed crimes against humanity.Furthermore,according to article 5 of the Rome Statute,the international tribunal has jurisdiction to crimes of genocide,aggression and war crimes…
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Addressing Libyas Past Injustices
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Download file to see previous pages As demonstrated by Kyriakakis (2009, p. 333), the provisions of the ICC laws include prosecution of persons who have committed crimes against humanity. Furthermore, according to article 5 of the Rome Statute of the International Criminal Court (1998), the international tribunal has jurisdiction to crimes of genocide, aggression and war crimes. BBC News Africa (2011) reported the capture of Gaddafi's son Saif al-Islam with the new prime minister of Libya saying that Saif will get a fair trial in Libya. Because Saif is accused of ordering killings during the regime of his slain father Muammar Gaddafi, it is therefore appropriate that the Libyan authorities hand him to the ICC for trial. Additionally the BBC News Africa, (2011) shows that the chief prosecutor of the International criminal court, Luis Moreno Ocampo promises a fair trial for Saif if he is submitted to the international tribunal. Moreover, Article 7 of the Rome Statute of the International Criminal Court (1998) provides jurisdiction of the court to the crimes of murder and torture which are parallel to the allegations against Saif al-Islam. According to Kyriakakis (2009, p. 336), the universality principle of the International Criminal Court as provided by the international law gives the ICC criminal jurisdiction regardless of country or nationality. Therefore despite the fact that Libya was opposed to the Rome treaty, the allegation that the ICC cannot claim jurisdiction of crimes committed outside the boundaries of the Rome treaty cannot prevent it from prosecuting people who commit crimes against humanity. However, the assertion of the new prime minister of Libya that Saif will be tried locally is not based on ICC jurisdiction. As a result, the ICC should provide the court trial for the Libyan leader. The ICC upholds human rights through its laws and its role is to protect the dignity of people through prosecution and punishment of individuals who commit dehumanizing crimes. The ICC claims that Saif Gaddafi who was presumed to be the successor of his father played a leading role in organizing the killing of Libyan civilians as explained by the Asian News Monitor (2011). This amounts to genocide, which according to the laws of the ICC gives the international tribunal a mandate to prosecute Saif Gaddafi. Moreover, there could be political influence in local hearings of the Saif case, which could compromise the achievement of a fair trial. It should be noted that the ICC must have evidence to support its accusations against the Libyan leader before he is convicted of the alleged crimes. The arrest of Saif al-Islam by the militia force which is allied to NTC should therefore present the leader to the ICC to warrant the beginning of investigation by the international tribunal. This is because the ICC is described by the BBC News Africa (2011) as having reasons to belief that Saif al-Islam was involved in the alleged crimes through evidence material. Further investigation by the court will back the current evidence of the crimes committed by the leader. Moreover, the trial at ICC is more likely to be unbiased and objective as compared to a local tribunal in Libya. Further support for the ICC hearing of the Saif case is demonstrated by the fact that the laws of the ICC provide for confirmation hearings before the actual court cases are heard. This means that if the arrested leader is submitted to the ICC, the international tribunal will thoroughly evaluate the prosecutor’s evidence to pave way for a fair trial. Trial will only occur if the evidence against the Libyan arrested leader meets the minimum threshold of crime beyond which ICC jurisdiction is justified. The need for an ICC trial for Saif al-Islam is ...Download file to see next pages Read More
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