Monday, 21 November 2011

Justice - and local law !

An interesting tug of war is developing over the fate of Saif Al-Islam, heir apparent to slain Libyan leader Muammar Gaddafi.    The rebels who overthrew the dictatorship insist that he be tried in a Libyan court in Tripoli, are facing demands from the International Criminal court that he be surrendered for trial in the Hague.

It seems a clear jurisdiction divide.   The rebels fought long and hard to defeat a regime that delivered tyranny to the Libyan people.   They suffered the death of thousands - many innocent women and children - and when Muammar Gaddafi was captured emotions ran high and he was apparently executed on the spot.   That same fate did not happen many days later when tempers had cooled - and his son was captured.

The International Criminal court bases it's demand that Saif Al-Islam be handed over to them on the magnitude of the crimes committed by his family.   It puts " crimes against humanity " higher on the list than mere " murder " .

The sticking point for most Libyan people will be the scale of punishment available to the International Criminal court.    Execution is not an option - and if Saif Al Islam is convicted the most he will serve will be life imprisonment - in a gaol that meets the standards imposed by the " civilized " countries of the world.

The mood is Libya is to see those who imposed death and terror - and looted the Treasury to indulge in personal luxury - punished by a death sentence.   The scale of punishment is surely a matter for each individual free country -  and the people of Libya have  suffered greatly to achieve just that status.

This seems to be a case where " local law " takes precedence over the International Criminal court !

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