TRIPOLI – The International Criminal Court (ICC) has asked Libya to explain reports that it plans to commence the trials of Saif Al-Islam Gaddafi and Abdullah Senussi as early as next month. Last week, Justice Minister Salah Margani announced on television that “Saif Al-Islam Gaddafi, former prime minister Al-Baghdadi Al-Mahmoudi and Gaddafi's former spy chief Abdullah Senussi will be put on trial as soon as questioning is completed within the next month, as expected.” Both Saif and Senussi are wanted for trial by the ICC on charges of crimes against humanity. Mahmoudi's trial commenced on Nov. 12 but has twice been adjourned, with the former prime minister next due to appear in court on Jan. 14. Libya's dispute with the ICC over where the trial of Saif and Senussi should be held has been ongoing since the end of the revolution. As a court of last resort, the ICC is only mandated to take on cases from countries deemed either unable or unwilling to give suspects a fair trial. The ICC took on the cases of Saif and Senussi (together with Muammar Gaddafi before his demise) during last year's revolution, when Libya was clearly neither willing nor able to give the men a proper trial. With the new government now in place, the question is not whether Libya is willing, but able to ensure due process. The ICC is currently considering that question regarding the Saif trial and has yet to reach a verdict. Should the ICC rule that Libya is not competent, and the government decides to proceed anyway, there is very little in practice that the court could do about it. Over the past 12 months, both the NTC and the government have repeatedly insisted that any trial for these men will be free and fair, a point made all the more important owing to the potentially adverse impact on Libya's international reputation. – Libya Herald
