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| Saif Gaddafi in Zintan, Libya. Photo Credit: The Telegraph. |
By: Catherine Mullin
The most recent developments in the
Libya situation at the International Criminal Court reflect its continuing challenges.
A year ago this month, Melinda Taylor, and
International Criminal Court lawyer assigned to Saif Gaddafi, was detained
for three weeks in Libya after visiting her client. Mr. Gaddafi is accused of crimes against
humanity by the ICC. Ms. Taylor, along
with three others on her legal team, was accused of sharing documents with her
client that “compromise the national security of Libya.” It was announced yesterday by Libyan officials
that Ms. Taylor and her interpreter would be tried in absentia, since Ms.
Taylor and her team left Libya after their detainment. The ICC representative in Libya responded by saying
the trial was illegal because ICC legal teams have immunity, and that the ICC
would not participate in the trial.
Libyan authorities also continue to
refuse to hand over Saif Gaddafi. The
ICC most recently requested Mr. Gaddafi’s transfer in early June 2013. After investigating Libya’s admissibility
challenge the Court determined that Libya was unable to conduct neither an adequate
investigation nor a fair trial. This
determination led the Court once again to order that Saif Gaddafi be transferred
to The Hague. Libya quickly appealed
this decision, and also requested a suspension of the order, thus continuing to
resist delivering Gaddafi.
Libyan officials reaffirmed their
position this week when they announced
that Mr. Gaddafi’s trial was set to start in Libya in August 2013. Libyan Prime Minister Ali Zeidan also made a statement to the BBC
that Saif Gaddafi would, in fact, receive a fair trial in his home country. Mr.
Gaddafi remains held in western Libya, where he has been since he was captured
by a militia in 2011.
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