Libya and the ICC: Courting chaos and confusion Any process of justice must be aimed at establishing stability and reconciliation among the affected communities. (Last updated: 23 Apr 2014 05:42 ) By Toby Cadman - is an international criminal law specialist. He is a partner at Omnia Strategy LLP, a Barrister member at Nine Bedford Row International Chambers in London and a member of the International Criminal Bureau in The Hague. Saif is effectively being held incommunicado, with no access to lawyers, for the past 30 months, writes Cadman [EPA] -The current jurisdictional stalemate concerning the on-going criminal proceedings against Saif al-Islam Gaddafi and his younger brother, Saadi, has once again called into question the authority of the International Criminal Court (ICC) in The Hague. The current position is certainly not that envisaged following the popular uprising in Libya, but the lack of cohesion and indecisiveness of the international community once again demonstrates that a major rethinking is required. Justice following conflict requires a measured approach. Any process of justice and accountability must be aimed at establishing long-term stability and true reconciliation among the affected communities. It is not about revenge or retribution however powerful the desire may be. The US Chief Prosecutor Robert H Jackson, at the first Nuremberg trial, encapsulated this in his opening address on November 20, 1945. He stated that […]it [is] hard to distinguish between the demand for a just and measured retribution, and the unthinking cry for vengeance which arises from the anguish of war. aljazeera/indepth/opinion/2014/04/libya-icc-courting-chaos-confus-201442282259133416.html
Posted on: Wed, 23 Apr 2014 08:12:59 +0000
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