ICC rules Al-Senussi can be put on trial in Libya

BRUSSELS, July 24 (KUNA) -- The Appeals Chamber of the International Criminal Court (ICC) Thursday unanimously confirmed the Pre-Trial Chamber decision which declared the case against the former Libyan intelligence chief Abdullah Al-Senussi inadmissible before the ICC.
On 2 April 2013, the Libyan authorities filed a challenge to the admissibility of the case with regard to Abdullah Al Senussi before Pre-Trial Chamber of the ICC, noted the Hague-based court in a press release.
On 11 October 2013, the Pre-Trial Chamber decided that the case against Al-Senussi was inadmissible before the Court as it was subject to on-going domestic proceedings conducted by the competent Libyan authorities and that Libya was willing and able genuinely to carry out such investigation.
On 17 October 2013, Al-Senussi's Defence appealed this decision.
In an open session today, the Presiding Judge, Akua Kuenyehia, indicated that the Appeals Chamber examined thoroughly the three grounds of appeal submitted by the Defence of Senussi. The Appeals Chamber concluded that there were no errors in the findings of the Pre-Trial Chamber that Libya is not unwilling or unable to genuinely prosecute Al-Senussi, or in the exercise of its discretion in the conduct of the proceedings and in the evaluation of the evidence.
In accordance with the Rome Statute, the ICC does not replace national criminal justice systems; rather, it complements them. The ICC can investigate and, where warranted, prosecute and try individuals only if the State concerned does not, cannot or is unwilling genuinely to do so.
The ICC, however, clarified that today's judgment has no bearing on the case against Saif Al-Islam Gaddafi. On 31 May 2013, the ICC rejected Libya's challenge to the admissibility of the case against Saif Al Islam Gaddafi and reminded Libya of its obligation to surrender the suspect to the Court. The situation in Libya was referred to the ICC Prosecutor by the United Nations Security Council, through Resolution 1970 on 26 February 2011. On 27 June 2011, the ICC issued warrants of arrest for Muammar Gaddafi, his son Saif Al-Islam Gaddafi and Abdullah Al-Senussi for crimes against humanity allegedly committed across Libya from 15 February 2011 until at least 28 February 2011.
On 22 November 2011, the ICC terminated the case against Muammar Gaddafi due to his death. Al Senussi, brother-in-law of Muammar al-Gaddafi, was arrested in Mauritania in March 2012. (end) nk.tg