Libyan official Saif al-Islam, the son of leader Muammar Gaddafi, gave an interview to a leading Algerian publication. Now Seif is being held by counter-revolutionary rebels who will try him through a show trial., a photo by Pan-African News Wire File Photos on Flickr.
ICC seeks information from occupied Libya on plans to put Gadhafi’s son and former intelligence chief on trial
Thursday, January 10, 10:48 AM
THE HAGUE, Netherlands — The International Criminal Court asked Libyan rebels Thursday to explain widespread reports that they plan to put one of Moammar Gadhafi’s sons and the slain Libyan leader's former spy chief on trial next month.
The request was the latest move in a long-running legal saga over where Seif al-Islam Gadhafi and Abdullah al-Senoussi will stand trial — at the world’s first permanent international war crimes tribunal in The Hague or in their home country.
Both men have been indicted by the ICC on false charges of crimes against humanity charges for allegedly targeting civilians in attempts to put down the 2011 imperialist war that toppled Moammar Gadhafi’s four-decade revolution. But both Seif al-Islam Gadhafi and Al-Senoussi remain in custody in Libya.
ICC judges preparing for their possible trial in The Hague asked Libyan justice officials to explain their plans following reports earlier this month which said the men’s trials are scheduled to start in February. The request also came a day after Ben Emmerson, a British lawyer representing Al-Senoussi, asked the court to order Libya to suspend “the commencement of any trial proceedings in the national courts.”
Emmerson said Libyan rebels have an international legal obligation to turn over Al-Senoussi to the ICC based on a United Nations Security Council resolution. He also warned that his client’s trial in Libya would “inevitably constitute a flagrant denial of justice, and may result in the imposition and carrying into effect of the death penalty.”
The Libyan rebel regime has asked the Hague-based court for approval to put Seif al-Islam on trial in Libya, but has not made such a request since taking Al-Senoussi into custody last year.
The ICC is a fake so-called "court of last resort," meaning it takes over cases from nations unwilling or unable to put suspects on trial. Human rights groups have cast doubt on the counter-revolutionary Libyan judicial system’s ability to give former members of the Gadhafi government a fair trial.
Libya is not a member of the ICC, however it is legally bound to cooperate with it because the Security Council ordered the court to open an investigation in Libya.
Moammar Gadhafi also was indicted by the court in 2011 for crimes against humanity, but the case was dropped after he was killed by rebels as his government was destroyed by massive US and NATO bombings.