The International Criminal Court could be called upon to address human rights abuses, including recent killing of 7 internally displaced persons (IDPs) and ongoing factional fighting. The UN mission for Libya this week had voiced serious concern over the killings of the IDPs, including 3 children and 2 women. It urged authorities to investigate the crime and bring those responsible to justice. UN Security Council Referral to ICC Jurisdiction: However, it is not evident to what degree authorities are either in position bring culprits to justice or perhaps investigate/prosecute impartially. ICC continues to have jurisdiction over such grave violations of international humanitarian law in Libya, and would be in theory called upon to act and assume primary jurisdiction. The recent precedent of the ICC proceeding with cases over former/current Kenyan officials/political candidates can be also applicable in Libya for similar reasons – capacity, timeliness and objectivity in carrying through with the demands of justice. The ICC referral from the UN Security Council in theory was not just about Colonel Gaddafi or even the former regime. Rather it stands for all violations committed on the territory related to the conflict. Ironically, the resolution of the case by the new Libyan authorities with respect to the Colonel’s son Saif Gaddafi, who has been formally indicted by the ICC, but who Libya also wants to prosecute in country, may define the ICC’s perspective of rule of law and justice for the current period in Libya.Further, the killing of Colonel Gaddafi and his son Mutassim Gaddafi (Photo Above) also may impact the ICC’s perspective on the rule of law in the new Libya. Read: “Does Manner of Gaddafi’s Killing Matter?” diplomaticallyincorrect.org/films/blog_post/does-manner-of-gaddafis-killing-matter-by-ambassador-mo/37685. UN Mission to Libya: The attacks upon the IDP’s apparently took place on February 6, 2012 took place at Janzur Marine Academy near Tripoli, where three of the victims were killed, the UN Support Mission for Libya (UNSMIL) said. Four other IDPs – all from the town of Tawerga – were murdered during a street demonstration. UNSMIL called for an investigation and welcomed initial Libyan steps. UN mission in Libya was established by the Security Council last September to support the National Transitional Council (NTC) in its reconstruction efforts, including restoring the rule of law, drafting a new constitution, promoting reconciliation and preparing for elections. By Ambassador Muhamed Sacirbey – Follow @MuhamedSacirbey Facebook = Become a Fan at “Diplomatically Incorrect” Twitter – Follow us at DiplomaticallyX War Crimes Justice Channel - diplomaticallyincorrect.org/c/war-crimes-justice
Will ICC Assume More Libya Responsibility?
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