Legal future of Gadhafi's son
Queen's University law professor and international war crimes expert Darryl Robinson is available to speak about the legal future of Moammar Gadhafi's son Said al-Islam Gadhafi who was recently captured.
"The new Libyan government is obliged to transfer him to the International Criminal Court to face prosecution," Dr. Robinson said. "However, there is an exception to that obligation: Libya has the right to try Gadhafi in Libya, provided it can conduct a genuine and impartial trial. Accordingly, the choice is an international trial or a genuine national trial. Both have merits. National trials are closer to the affected society and are an incident of self-governance. However, there are some questions whether impartial justice in Libya for this accused is possible right now. The ICC offers a more impartial forum with judges from all regions."
Dr. Robinson helped negotiate the International Criminal Court Statute, and in particular the provision on national versus international prosecutions (“complementarity”). He was also an adviser to the ICC Chief Prosecutor on issues of complementarity between national and international jurisdictions.
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