Week 3 Blog Post

The case I chose from the ICC website was that of the violent situation that plagued Libya for decades by then leader Muammar Mohammed Abu Minyar Gaddafi.  This case was referred to the ICC “condemning the violence and use of force against civilians, deploring the gross and systematic violation of human rights, including the repression of peaceful demonstrators, expressing deep concern at the deaths of civilians, and rejecting unequivocally the incitement to hostility and violence against the civilian population made from the highest level of the Libyan government”.  (ICC) Gaddafi and the Libyan leaders were accused of punishing any civilians by “death for anyone who spread theories aiming to change the constitution and life imprisonment for disseminating information that tarnished the country’s reputation”.  (BBC) Torture, lengthy jail terms without a fair trial, exile,  executions, and disappearances were also alleged common practice of Gaddafi’s regime.

     The UNSC referral also ” expressed concern at the plight of refugees forced to flee the violence and at the reports of shortages of medical supplies to treat the wounded. It underlined the need to respect the freedoms of peaceful assembly and of expression, including freedom of the media and stressed the need to hold to account those responsible for attacks, including by forces under their control, on civilians” .  

       In March 2011 originally against three suspects, with charges of crimes against humanity, murder, and prosecution.  Of the original 3 suspects charged: Gaddafi has since been murdered, the charges against  Abdullah Al-Senussi  were dropped in July 2014 after the Appeals chamber declared the case “inadmissible before the ICC”.

I think that the ICC should absolutely have jurisdiction in regards to the  atrocities committed and supported by the Libyan regime led by Gaddaffi.  Gaddaffi may have been killed but there is still justice that needs to be rendered to other significant members of the Libyan regime who were active supporters and carried out the atrocities themselves.  Answering heinous crimes under international jurisdictions will hopefully set the world standard so that future governments understand that magnitude of consequence  and also act as a strong deterrent in regards to crimes against humanity.  By utilizing the international criminal justice system both individual accountability and commanded responsibility will be allocated in “hopes to restore the dignity of the law an insure non-repetition by punishing perpetrators”.

Asser, Martin. 2011. BBC “The Muammar Gaddafi Story” -http://www.bbc.com/news/world-africa-12688033

2016. MSU Anthropology 236 Lecture- “What is Transitional Justice? Tribunals, Truth Commissions, and memorials”

2016. International Criminal Court: “Libya, Situation in Libya 01/11”  – https://www.icc-cpi.int/libya

3 thoughts on “Week 3 Blog Post

  1. I agree with your blog post in regards to ICC jurisdiction over the case of human rights violations in Libya by Gaddafi and other Libyan leaders. When a group of people’s human rights are being violated by the government external jurisdiction of the situation is the only way to ensure justice is restored to the people being harmed. Local jurisdiction of this case is not possible as the local courts are subjected to the influence of the government leaders and their ideals. In this case it is the government leaders of Libya that are undermining human rights therefore local courts would not be beneficial to restoration of theses rights. Even following the death of Gaddaffi the influence of his political ideologies are still being enacted by supporters of him therefore ICC jurisdiction is still needed to ensure that his actions do not become repeated and proper governmental reform is implemented.

  2. I agree that the ICC should take more action in this. The entire regime did not die with the leader, there are still many people in the regime who have committed crimes against humanity who need to be taken to international court for justice. Perhaps there may have been corruption in the Libyan court system that dropped charges against Abdullah Al-Senussi. There is a chance that unless the ICC gets involved, the Libya government will not follow through and prosecute individuals that committed crimes against humanity during Gaddafi’s regime.

  3. I agree that the ICC should take jurisdiction over this case and get justice. Understanding it is so easy to gain a group mentality and become so overcome with power, they should still be held to the same standards as a regular civilian. As citizens there are laws put in place to protect the humanity of the people and the ICC would only be doing the people of Libya a disservice. Oppression does not die with the leader, it will go on and rather it gets stronger and creates mayhem is up to the ICC. It shows a lack of disregard for the respect of the people of Libya to not seek justice against those who committed crimes under the reign of Gaddafi.

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