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| The son of former Libyan leader Colonel Gaddafi is suspected of crimes against humanity (Photo credit: Reuters) |
On
Friday, the Pre-Trial Chamber I of the International
Criminal Court (ICC) rejected the challenge to the admissibility
of the case against Saif Al Islam Gaddafi.
The
son of former Libyan leader Colonel Gaddafi is suspected of crimes against
humanity – including murder and persecution of protestors, allegedly committed
in Libya from February 15-28, 2011.
“The
Chamber reminded Libya of its
obligation to surrender the suspect to the Court. The Libyan authorities may
appeal this decision or submit another challenge to the admissibility in accordance
with article 19(4) of the Rome Statute,” ICC said on May 31, 2013.
A
challenge to the admissibility of the case is granted if the case is being
investigated by a State which has jurisdiction over it, unless the State is
unwilling or unable genuinely to carry out the investigation or prosecution,
the ICC explains.
One
year ago, May 2012, Libya submitted the challenge to the admissibility of the
case against Mr. Gaddafi.
The
ICC noted that the Chamber conducted an assessment of the evidence presented by
the parties and the participants, and concluded that it has
not been sufficiently demonstrated that the domestic investigation cover the
same case that is before the Court.
Though
the Chamber recognized Libya’s significant efforts to rebuild institutions and
to restore the rule of law, however, it stressed that the Libyan State
continues to face substantial difficulties in exercising fully its judicial
powers across the entire territory.
The
Hague-based United Nations-backed ICC said the Libyan authorities have not been
able to secure the transfer of Mr Gaddafi into State custody. “Impediments
remain to obtain the necessary evidence, and secure legal representation for Mr
Gaddafi,” the Chamber added.
Meanwhile,
the Libyan Government did not state whether it will appeal against the ICC’s
Friday decision, file another challenge to the admissibility of the case, or
fulfill its obligation to surrender Gaddafi to the ICC.
The
North African country said it will examine the decision and put up a legal
response, according to media reports.
The
Pre-Trial Chamber I of the ICC is composed of three Judges, Silvia Fernandez de
Gurmendi, Presiding, Hans-Peter Kaul, and Christine Van den Wyngaert.
Written by Modou S. Joof
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