Nobody downloaded yet

Addressing Libya's Past Injustices - Essay Example

Comments (1) Cite this document
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…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.1% of users find it useful
Addressing Libyas Past Injustices
Read TextPreview

Extract of sample "Addressing Libya's Past Injustices"

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 pagesRead More
Cite this document
  • APA
  • MLA
(“Addressing Libya's Past Injustices Essay Example | Topics and Well Written Essays - 1500 words”, n.d.)
Retrieved from
(Addressing Libya'S Past Injustices Essay Example | Topics and Well Written Essays - 1500 Words)
“Addressing Libya'S Past Injustices Essay Example | Topics and Well Written Essays - 1500 Words”, n.d.
  • Cited: 0 times
Comments (1)
Click to create a comment or rate a document
cheaney added comment 6 months ago
Student rated this paper as
The topic of "Addressing Libya's Past Injustices" was hard to find. I spent hours to find it. Here at StudentShare, I got the best example. Many thanks!

CHECK THESE SAMPLES OF Addressing Libya's Past Injustices

Addressing human rights abuses in post Gaddafi Libya

...with the responsibility of discovering, investigating, and revealing the past atrocities, injustices, and any other kind of wrongdoing by actors, with an aim of addressing the injuries caused by those acts, hence resolving the conflict that may be within the conflicting parties. The actors can be the government or non- state actors depending on the circumstances. The main aim of TRC is to ensure that the conflicting (or that conflicted) parties are able to co- exist peaceful, and that there will be no recurrence of such acts in the future (p. 4). In the case of Libya, there is no guarantee that the Libyans will accept TRC due to varying reasons. Assuming that they have...
10 Pages(2500 words)Essay

Addressing Challenges

...? Addressing Challenges ID Lecturer The best mechanism to train individuals within organizations is to tell them in an outright way what the organizations wants them to deliver and how it will go about making things easy for them in the long run. The organization chosen for is a hypothetical one here. The definition of a group stems from the rationale that individual efforts are combined for the wholesome effect to attain a particular goal or task. Indeed a group would not be able to survive in essence if the singular entities within it are unable to perform at their best possible levels. This is true as one discusses about the different teams and groups which are formed under the ranks of the organizational regimes...
1 Pages(250 words)Research Paper

Foreign Policy in Libya

...?Foreign policy of the Obama administration in Libya Following the uprising of some civilians in Libya against the Colonel Muammar Gaddafi-led Libyangovernment and the use of force by the Libyan government to suppress the uprising, the United Nations Security Council supported by the Arab League authorized a no-fly zone in Libya to protect the civilian population. A joint operation organized by a coalition of the United States, United Kingdom, France, Italy, Canada, Qater, Belgium, Denmark, and Norway assumed the responsibility of implementing the no-fly zone restriction authorized by the United Nations Security Council. So far, the United States has engaged her Air and Naval Forces in...
2 Pages(500 words)Assignment

Injustices against Slaves in America

... Injustices against Slaves in America Sojourner Truth was a black slave and she spoke of inequalities faced by blacks andwomen in America. In her speech she uses several rhetoric techniques to attract the emotional response of her audience during the women’s convention in 1851. In her speech she used repetition and biblical references to invoke a feeling of power to fight against race and gender inequality. She explains how she faced prejudice as a black woman to establish a sense of identity to attract women who face various forms of discrimination. To invoke resentment, she uses hypocrisy shown by men. Men know how to treat women and help them in various situations, but none of them has ever treated her nicely. Douglass argues... ....
4 Pages(1000 words)Essay

Addressing Inequality

...? Addressing Inequality of Learning Explain How the Problem of Inequality Can Be Addressed Society is considered to be a system which is based on a hierarchy of prestige, privilege, and power. It leads to social inequity which is usually related to gender, class, race, income, education etc. Being controversial issues, inequity and inequality are closely connected as inequity is the result of inequality. Inequality indicates the distribution of resources across society giving an idea of the difference between what rich and poor people can earn, average income, and redistribution of the county’s income. Countries characterized by high levels of inequality have high levels of poverty showing the fact that...
3 Pages(750 words)Essay

Libya: Country Briefing

...Although political instability and the change of governance is oftentimes a key determinant in many firms seeking to establish themselves elsewhere for fear of losing key investments, there is also a strong impetus on the part of the would-be investor to seek to capitalize on such a situation to gain key resources that would otherwise be priced far out of reach of the would-be investor due to the pricing structure that a more secure and stabile political structure would provide (Northouse, 2010). For this very reason, this brief analysis will consider the case of Libya approximately 1 year after the death of longtime leader Muammar Gaddafi and the end of the Libyan Civil War that lasted from February of 2011 to October of 2011... . ...
8 Pages(2000 words)Essay

Unites States Department of Health and Human Services

10 Pages(2500 words)Essay

Economic Injustices

...Economic injustices: Introduction: This paper discusses three broad categories of economic injustices and they include child labor, sweatshop and misleading advertisements. The paper defines each form of injustice and provides examples of injustices. The paper also highlights efforts that are aimed at eliminating each of the mentioned injustices. The following is a discussion of these injustices. Child labor: Child labor refers to the act of engaging underage individuals in economic activities whereby children are forced to undertake activities with little or no pay. This is an injustice given that it involves...
3 Pages(750 words)Essay

Human rights in libya

...human rights injustices that were present in the previous regimes are now being manifested in the new regime (Galtung, 2011). Issues of Transitional Justice: The Intervention Due to the nature of the Gaddafi administration as well as the nature of the transition, there are various things that must be addressed for human rights to prevail in the new Libya. Since there were numerous human rights abuses that took place during the Gaddafi rule from 1969-2011, as well as during the revolution period from February 2011 to October 2011, and consequently after the change of power, there is a great need for intermediary justice in this nation. Steps must be taken so that human rights are...
9 Pages(2250 words)Essay

Racism and Injustices

...&lr=&id=r1ddnQsj3r0C&oi=fnd&pg=PR1&dq=racism+and+social+injustice+in+1950s+in+America&ots=wVl_yzwshC&sig=WtA3Z7b3t92EG7r_28i_ly0OVd4 Feagin, J. R. (2014). Racist America: Roots, current realities, and future reparations. Routledge. Retrieved from López, I. F. H. (2010). Post-racial racism: Racial stratification and mass incarceration in the age of Obama. California Law Review, 1023–1074. Omi, M., & Winant, H. (2014). Racial formation in the United States. Routledge. Retrieved from...
2 Pages(500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Addressing Libya's Past Injustices for FREE!

Contact Us