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