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Appeals Court Orders Qaddafi Son Tried in Hague, Not Libya Appeals Court Orders Qaddafi Son Tried in Hague, Not Libya
(4 months later)
PARIS — In the extended legal dispute over who has the right to prosecute a son of the former Libyan dictator Muammar el-Qaddafi, an appeals court ruled on Wednesday that the case should be tried, as planned, at the International Criminal Court in The Hague. PARIS — In the extended legal dispute over who has the right to prosecute a son of the former Libyan dictator Muammar el-Qaddafi, an appeals court ruled on Wednesday that the case should be tried, as planned, at the International Criminal Court in The Hague.
The 4-to-1 decision may well find a place in the legal footnotes of postrevolutionary Libya. But lawyers familiar with the case agreed that it would have little bearing on the fate of the son, Seif al-Islam el-Qaddafi.The 4-to-1 decision may well find a place in the legal footnotes of postrevolutionary Libya. But lawyers familiar with the case agreed that it would have little bearing on the fate of the son, Seif al-Islam el-Qaddafi.
The Libyan authorities have always insisted that Mr. Qaddafi, a man of considerable authority as well as his father’s heir apparent, must be tried in his own country by Libyan judges.The Libyan authorities have always insisted that Mr. Qaddafi, a man of considerable authority as well as his father’s heir apparent, must be tried in his own country by Libyan judges.
His case has already been joined to a trial that recently opened in Tripoli, Libya’s capital. More than 30 defendants, most of them former officials in the Qaddafi government, face an array of charges including murder, torture, violence against peaceful demonstrators and economic crimes. Mr. Qaddafi’s younger brother Saadi and the former intelligence chief Abdullah al-Senussi are among the other defendants.His case has already been joined to a trial that recently opened in Tripoli, Libya’s capital. More than 30 defendants, most of them former officials in the Qaddafi government, face an array of charges including murder, torture, violence against peaceful demonstrators and economic crimes. Mr. Qaddafi’s younger brother Saadi and the former intelligence chief Abdullah al-Senussi are among the other defendants.
At issue in Wednesday’s ruling was not whether they would receive a fair trial under the country’s fledgling justice system, something many observers believe is nearly impossible. Security for judges, witnesses and defense lawyers has been further threatened by renewed violence.At issue in Wednesday’s ruling was not whether they would receive a fair trial under the country’s fledgling justice system, something many observers believe is nearly impossible. Security for judges, witnesses and defense lawyers has been further threatened by renewed violence.
The complication that led to the appeals court’s decision was that Seif el-Qaddafi’s dossier remains open at the international court, which the United Nations Security Council granted jurisdiction over the 2011 Libyan conflict. Soon after, the court indicted Mr. Qaddafi and Mr. Senussi for crimes against humanity.The complication that led to the appeals court’s decision was that Seif el-Qaddafi’s dossier remains open at the international court, which the United Nations Security Council granted jurisdiction over the 2011 Libyan conflict. Soon after, the court indicted Mr. Qaddafi and Mr. Senussi for crimes against humanity.
Libya soon hired a team of international lawyers to defend its claim to conduct its own trials. According to the court’s statute, national courts will prevail if they show that they can and will prosecute the international crimes charged in The Hague.Libya soon hired a team of international lawyers to defend its claim to conduct its own trials. According to the court’s statute, national courts will prevail if they show that they can and will prosecute the international crimes charged in The Hague.
In the case of Mr. Senussi, Libya has presented large volumes of its own investigations — enough to convince pretrial judges, who ruled that Libya was free to prosecute him. But when the country put in its application to try Mr. Qaddafi, its investigations were found to be scanty, and the judges ordered that Libya hand Mr. Qaddafi over to The Hague. The appeals court upheld that decision on Wednesday.In the case of Mr. Senussi, Libya has presented large volumes of its own investigations — enough to convince pretrial judges, who ruled that Libya was free to prosecute him. But when the country put in its application to try Mr. Qaddafi, its investigations were found to be scanty, and the judges ordered that Libya hand Mr. Qaddafi over to The Hague. The appeals court upheld that decision on Wednesday.
A lawyer familiar with the Libyan position called the ruling inadequate and outdated. “It was based on the case as it stood 18 months ago,” the lawyer said. “It has not taken into account all the investigations Libya has done since. This will not be the end of the road.”A lawyer familiar with the Libyan position called the ruling inadequate and outdated. “It was based on the case as it stood 18 months ago,” the lawyer said. “It has not taken into account all the investigations Libya has done since. This will not be the end of the road.”
Libya can file another bid to claim jurisdiction with special permission from the court.Libya can file another bid to claim jurisdiction with special permission from the court.
Yet another factor complicating Mr. Qaddafi’s possible extradition or trial is that the Libyan government does not have him in custody. For more than two years, he has been detained by a militia in Zintan, Libya.Yet another factor complicating Mr. Qaddafi’s possible extradition or trial is that the Libyan government does not have him in custody. For more than two years, he has been detained by a militia in Zintan, Libya.
Last month, Mr. Qaddafi answered questions at the Tripoli trial through a video link from a secret location.Last month, Mr. Qaddafi answered questions at the Tripoli trial through a video link from a secret location.