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Human rights: Libyan perspective - Essay Example

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HUMAN RIGHTS: LIBYAN PERSPECTIVE Your name Name of Professor Name of Institution Question 1 A: Approaches to Tackling Past Human Rights Abuses in Libya According to Clark (2011, p 249), countries which emerge from national conflicts must find their own direction or path of pursuing justice for the crimes committed during the period of the conflict…
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Download file to see previous pages The Libyan people need justice and therefore an approach of tackling the abuses of human rights in Libya by the former regime becomes necessary. If the Libyan people reject the Truth Justice and Reconciliation Commission, there are alternatives which would be used to ensure that justice is done for the Libyan people. The national conflict in Libya results from the discounted of the people on the violations of human rights by the former Gaddafi regime. This conflict began with the Benghazi protectors who were apparently opposed to the Gaddafi governance. The protests grew wider and spread throughout the country with the opponents of the Gaddafi regime forming the National Transition Council (NTC). As demonstrated by the work of Nada Ammar, a fellow student, there were extrajudicial killings in Libya during the Gaddafi rule in addition to torture, excessive use of force against the opponents of the government. This was reported by the Amnesty International and therefore shows the urgency for justice for the Libyan people. Emphasis on the atrocities committed in Libya is given by the work of another colleague; Noor Kurdi by illustrating those forces loyal to Muammar Gaddafi committed crimes against human rights in large scale. These crimes included rape, forced displacement, murder and torture which have caused immeasurable mental and physical injuries against the Libyan citizens. If a TJC is rejected by the Libyan people, various legal and non legal alternatives which are based on national, international or regional are proposed as a way of ensuring justice for the Libyan people. The International Criminal Court (ICC) is described by the work of Kat James, a fellow student as the most suitable alternative for the pursuit of justice for Libyans. James argues that the ICC which is based on international law and the Rome Statute because the crimes committed in Libya are within the jurisdiction this international court. According to Scheffer & Cox (2008, p 983), the International Criminal Court as provided by the Rome Statute has jurisdiction on crimes against humanity. Murder, torture, enslavement, forced displacement and rape are among the crimes under which the jurisdiction of ICC falls as provided by Article 7 of the Rome Statute. Since such crimes were committed in Libya, the ICC is therefore justifiable as the best alternative for ensuring justice for Libyan people in case they reject the TJC. Non-legal means through which Libyans would seek justice if they reject the use of TJC includes the role of NGOs such as the Libyan League for Human Rights. These organizations will intervene to ensure that justice is provided for the victims of human right violations in Libya during the Gaddafi regime. Therefore human rights NGOs which are linked to the International Federation of Human Rights (FIDH) are appropriate alternatives in the pursuit of justice in Libya. According to Western & Goldstein, 2011, p. 48), humanitarian interventions of NGOs help to resolve disputes and hence facilitate justice in societies where human rights have been violated by governing regimes. Reparation which is the compensation paid to individuals for wrongdoings is described by McEvoy (2007, p. 417) as a suitable non legal method of ensuring transitional justice in countries where human ri ...Download file to see next pagesRead More
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