By Ali Al-Bassam
Impunity Watch Reporter, Middle East

TRIPOLI, Libya — Last Wednesday, a lawyer representing Seif Al-Islam Gaddafi, son of slain Libyan leader Muammar Gaddafi, warned the International Criminal Court (ICC) that he would be hanged if he is tried in Libya instead of at The Hague.  Melinda Taylor, a court-appointed lawyer for Gaddafi, said in a public hearing in the Netherlands, that the Libyan courts will “not be motivated by a desire for justice but a desire for revenge, and there is no right for revenge under international law.”  A hearing to determine whether Gaddafi should be tried in Libya or at The Hague convened on Tuesday.

The ICC has wanted to try Gaddafi since June of 2011, but the new Libyan regime has repeatedly refused to hand him over and would rather try him in its own courts.  Libyan lawyers say that they have enough evidence to convict Gaddafi for crimes against humanity.  They also said that although Libya will be committed to granting him a fair trial, a “complicated process” exists in the country that requires “more time.”

Taylor believes that Gaddafi’s right to a fair trial will be violated if he is tried in Libya.  He has been held in isolation in the hilltown of Zintan since November 19, 2011.  Taylor told the ICC that if it allows Libya to try him, there would be a risk of the trial’s being rigged to secure his conviction. She believes that such a decision would risk harming the ICC’s reputation. Taylor also cited a law passed by the Libyan National Transitional Council (NTC) that said that “no child of Gaddafi will ever benefit from leniency.”

The case against Gaddafi tests the principle foundation of the ICC: that it is the court of last resort, to used when a country is unwilling or unable to prosecute defendants.  Judges must weigh the new regime’s desire to try Gaddafi against its ability to do so.  The nation continues to rebuild after more than four decades under Muammar Gaddafi’s rule.  Foreign Policy reports that if the judges are to side with Libya in this matter, it will signify their recognition that the country’s ability to keep Gaddafi in custody also shows that it is willing and able to prosecute him.  Siding with Libya could also be viewed as an implicit endorsement of the death penalty.  Deciding where Gaddafi should be tried could take weeks or months for the judges to determine.

The UN believes that 15,000 people were killed during the revolution, but the new Libyan regime estimates that figure to be as high as 30,000.  The ICC is the only permanent criminal tribunal established to try genocide, crimes against humanity, and war crimes.

For further information, please see:

Al Jazeera — Gaddafi Lawyers fear ‘Revenge’ Trial in Libya — 10 October 2012

BBC News — Libya Trial for Saif Al-Islam Gaddafi ‘Would Damage ICC’ — 10 October 2012

Naharnet — Seif Al-Islam ‘Would be Hanged in Libya’, Defense Tells ICC — 10 October 2012

Foreign Policy — No Winners in ICC – Libya Standoff — 8 October 2012