#ICC AL-SENUSSI Today, 24 July 2014, the Appeals Chamber of the International Criminal Court (ICC) unanimously confirmed Pre-Trial Chamber I’s decision which declared the case against Abdullah Al-Senussi inadmissible before the ICC. On 2 April 2013, the Libyan authorities filed a challenge to the admissibility of the case with regard to Abdullah Al Senussi before Pre-Trial Chamber I of the ICC. On 11 October 2013, Pre-Trial Chamber I decided that the case against Mr Al-Senussi was inadmissible before the Court as it was subject to on-going domestic proceedings conducted by the competent Libyan authorities and that Libya was willing and able genuinely to carry out such investigation. On 17 October 2013, the Defence appealed this decision. In an open session today, the Presiding Judge in this appeal, Judge Akua Kuenyehia, read a summary of the Judgment of the Appeals Chamber and of the separate opinions by Judges Sang-Hyun Song and Judge Anita Ušacka. The Presiding Judge indicated that the Appeals Chamber examined thoroughly the three grounds of appeal submitted by the Defence of Mr Senussi. The Appeals Chamber concluded that there were no errors in the findings of the Pre-Trial Chamber that Libya is not unwilling or unable to genuinely prosecute Mr Al-Senussi, or in the exercise of its discretion in the conduct of the proceedings and in the evaluation of the evidence. In accordance with the Rome Statute, the ICC does not replace national criminal justice systems; rather, it complements them. The ICC can investigate and, where warranted, prosecute and try individuals only if the State concerned does not, cannot or is unwilling genuinely to do so. Today’s judgment has no bearing on the case against Saif Al-Islam Gaddafi. On 31 May 2013, Pre-Trial Chamber I rejected Libya’s challenge to the admissibility of the case against Saif Al Islam Gaddafi and reminded Libya of its obligation to surrender the suspect to the Court. On 21 May 2014, the ICC Appeals Chamber confirmed the Pre-Trial Chamber I’s decision.
Posted on: Thu, 24 Jul 2014 21:39:28 +0000
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