Friday, March 04, 2011

JuridicsInternational: International Criminal Court: ICC takes up Libya case

Recent developments demonstrates the International Criminal Court's willingness to act in a timely way in stress-laden way, while crimes of genocide may be taking place.  The Court's previous effort to bring the alleged genocidist President of Sudan (Bashir) to the justice have been thwarted by the principal accused himself, and also various countries of Africa and Arabia (not, to my knowledge, Saudi Arabia, while the latter country has given refuge to the former tyrant of Tunisia).  -- Lawt

This video image taken from Libyan state television broadcast Wednesday March 2, 2011 shows Libyan leader Moammar Gadhafi addressing supporters and foreign media on Wednesday in a conference hall in the capital Tripoli, Libya. Libyan leader Moammar Gadhafi has vowed to fight to the "last man and last woman" to defend his country. (AP Photo/Libyan state television via APTN) LIBYA OUT, TV OUT (AP /March 2, 2011)

Libya case a new challenge for International Court

The court's first trial has been a shambles, it cannot apprehend its most wanted suspects and it has been criticized for focusing too much on Africa.
Yet the order by the U.N. Security Council to investigate Libya marks an achievement for the court, which is still struggling for global acceptance.
The 15 Security Council members unanimously approved the decision Saturday, even though five of them — including permanent members China, Russia and the United States — themselves refuse to recognize the court's jurisdiction and have not signed its founding treaty.
"It is very positive that the ICC is being looked to by the Security Council as a possible tool for accountability," Elizabeth Evenson of Human Rights Watch said Sunday.
Chief Prosecutor Luis Moreno-Ocampo was instructed to report back to the council in two months on his investigation whether Libyan leader Moammar Gadhafi's violent crackdown on anti-government protests featured crimes against humanity.
U.N. Secretary General Ban Ki-moon cited reports perhaps 1,000 have died amid a popular uprising and the government's violent crackdown on Gadhafi critics.
The Security Council move sends "a very strong message to Gadhafi and Gadhafi's henchmen that the violence against civilians that has been reported needs to stop," Evenson added.
The investigation marks another step toward holding authoritarian leaders accountable for the criminal activities of their regimes, a process that started with Yugoslavia's Slobodan Milosevic, who died before his trial could finish. It continues now through the war crimes trials of Liberia's Charles Taylor and Bosnian Serb strongman Radovan Karadzic, whose cases are under way at other international courts in The Hague.
Prosecutors at the ICC will first carry out a preliminary probe to establish if crimes falling within the court's jurisdiction have been committed in Libya. That assessment will include the seriousness of the allegations and whether Gadhafi is likely to face justice in Libya.
-- Associated Press material posted by Lawt

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