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13 January 2012 / Sir Geoffrey Bindman KC
Issue: 7496 / Categories: Opinion , Public , Human rights
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Bringing tyrants to book

Geoffrey Bindman identifies the roadblocks to international justice

The arrest of Saif al-Islam Gaddafi, son of the now deceased Colonel, prompts the question: where should his trial take place? The arrest warrant was issued by the International Criminal Court (ICC) for crimes against humanity but, assuming the crimes of which he is accused also violate the domestic law of Libya, he could be tried either in Libya or by the ICC in the Hague. By contrast, Gaddafi’s daughters’ plea that the ICC prosecute the killers of her father seems unlikely to be accepted.

Those choices of venue may be enough but suppose he had been able to flee to another country—to Britain, for example, where he had been a student at the London School of Economics—could he have been tried here? Could his father or Saddam Hussein have been tried here? Universal jurisdiction is necessary to ensure that there is no hiding place for the world’s most brutal criminals.

Amnesty International has defined universal jurisdiction as “the ability of the

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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