The International Criminal Court (ICC) on July 18 rejected Libya’s request to suspend the order to hand over Saif al-Islam Qaddafi, son of the late Moammar Qaddafi. It also ruled that its forum is more appropriate than the Libyan forum because of the accused’s stated preference, genuine fear of bias, and the scope of crimes alleged by each prosecutor. The scope of the ICC’s allegations is broader than that stated in the Libyan charges, allowing for a wider spectrum of evidence. The ICC ruled that the Libyan government failed to show how his appearance in the ICC would create an irreversible situation, as is required for the court to order such relief in a request to suspend appearance.
Saif-Al Islam made his second appearance in a Libyan court in early May, but the trial was postponed at that time to allow for more preparation. The Libyan government accused Saif-Al Islam in January of crimes against the state for transferring information related to Libya’s national security to an ICC delegation, insulting Libya’s new flag and attempting to escape from prison. The ICC issued a warrant for his arrest in June of 2011 for crimes against humanity including murder and persecution.
From Jurist, July 19. Used with permission.
There is a similar confrontation over Qaddafi’s ex-spy chief, Abdullah al-Senussi.