ANSD : The International Criminal Court should be involved in trying Saif al-Islam

FRI 18 - 10 - 2024

Date: Dec 10, 2011
Author: AbdelAziz Karraky
Source: Zawaya Magharebia

The International Criminal Court should be involved in trying Saif al-Islam

Libya is going through a transition phase with a political regime and future ruling institutions that lack clarity. The way the Libyan Colonel was killed and his dead body abused, proves that society is dominated by revenge. The situation is further worsened with the spread of all types of weapons among citizens, the re-emergence of the tribal structure as a determinant of belonging, and – above all – the detention of Saif al-Islam Kadhafi. The rebels probably realized that they rushed to kill Moamer Kadhafi, and that it was a mistake to show the world the horrible pictures of his murder, so they decided to put Saif al-Islam on trial.

However, the question that arises today is: Can Libya ensure a fair trial for the Colonel’s son?

The Universal Declaration of Human Rights states that “everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in determination of his rights and obligations and of any criminal charge against him.” The International Covenant on Civil and Political Rights defines the conditions of a fair trial, but I don’t think that a country emerging from a crisis like Libya can satisfy such conditions, as the desire for revenge will eventually prevail. History has confirmed more than once that the victor’s justice triumphs over everything else in such cases.

Kadhafi had committed unprecedented atrocities against his people and many other nations. By the end of Kadhafi’s rule, his son emerged. Many people thought that the son wouldn’t exactly be like his father, but he proved them wrong. However, that is not an excuse to turn justice into a reprisal machine.

According to the International Covenant on Civil and Political Rights, “all persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law…” Not to mention the guarantee to examine witnesses against him and to obtain the attendance and examination of witnesses on his behalf, and the right to his conviction and sentence being reviewed by a higher tribunal according to law.

Will the Libyan judiciary accept to do that?

A fair trial of Saif al-Islam would be highly beneficial if held under the auspices of the International Criminal Court, which is capable of discussing the facts objectively, and enabling the accused to enjoy all his rights as a human being. Libya did not overthrow Kadhafi on its own; many countries contributed to that, and they perfectly realize that Libya is in dire need for rehabilitating its human resources.

The views and opinions of authors expressed herein do not necessarily state or reflect those of the Arab Network for the Study of Democracy

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