header-logo header-logo

Bringing tyrants to book

13 January 2012 / Sir Geoffrey Bindman KC
Issue: 7496 / Categories: Opinion , Public , Human rights
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Muckle LLP—Ella Johnson

Muckle LLP—Ella Johnson

Real estate dispute resolution team welcomes newly qualified solicitor

Morr & Co—Dennis Phillips

Morr & Co—Dennis Phillips

International private client team appoints expert in Spanish law

NLJ Career Profile: Stefan Borson, McCarthy Denning

NLJ Career Profile: Stefan Borson, McCarthy Denning

Stefan Borson, football finance expert head of sport at McCarthy Denning, discusses returning to the law digging into the stories behind the scenes

NEWS
Lawyers have expressed dismay at the Chancellor Rachel Reeve’s decision to impose a £2,000 cap on salary sacrifice contributions
NLJ is inviting its readers to take part in this year’s annual reader research, a short survey designed to help shape the future direction of the magazine. The questionnaire consists of just eight quick questions and offers an opportunity for legal professionals to share their views on the content, coverage and issues that matter most to them.
The Law Society has urged regulators not to ban the term ‘no win no fee’, as the profession contemplates measures to prevent a disaster like the SSB Group collapse from happening again
The legal profession's leaders have mounted a robust defence of trial by jury, following reports that Justice Secretary David Lammy is considering restricting it to rape, murder, manslaughter and other cases that are in the public interest
CILEX (the Chartered Institute of Legal Executives) has been granted permission to appeal Mazur, a decision which has caused consternation among litigation firms
back-to-top-scroll