header-logo header-logo

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

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

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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll