Topic: Universal Jurisdiction in Crimes against Humanity
Country: Libya
Delegate Name: Rachel Nichols
School: Roeper School
Topic page: background guide and all position papers All Libya position papers GLIMUN 2011 committees
With the National Transitional Council (NTC) recently assuming power, Libya has yet to set up a fully operational legal and court system. As result, the trial of Moammar Gaddafi’s son, Saif al-Islam Gaddafi, is to be run by the International Criminal Court (ICC) due to an obligation from a recent Security Council resolution. The NTC agreed that there is overwhelming evidence of the guilt of Saif al-Islam and that he should be charged with crimes against humanity. In late February 2011 al-Islam took part in the Gaddafi government policies that attacked peaceful protesters. He is also accused of corruption, abuse of state funds, and committing torture. Libya currently has not yet approved trial by the ICC mainly because the new government has not signed onto any claim of a world court. However the NTC feels that it is ready to prosecute other defendants from the Gaddafi regime, having adopted enough legal and judicial procedures to be capable enough to ensure a fair trial.
Several weeks ago, officials from Western governments, such as the United States and Britain, agreed with Libya wanting to try its former leaders at home. This created problems in the international community because Libya faces numerous obstacles: its existent court system does not meet international standards; the death penalty is still part of the legal code; and the questionable death of Gaddafi at the hands of his captors. Because of this, some nations do not feel that Libya is ready to handle the Saif al-Islam Gaddafi trial in its own court.
Libya also faces the problem of pro-Gaddafi forces launching terror attacks against civilians. On November 17, 2011, the Independent Civil Society Mission to Libya began to work. The mission is organized by both the Arab Organization of Human Rights and the Palestinian Centre for Human Rights to examine violations of international law and investigate potential violations of international human rights law, war crimes, and crimes against humanity. The mission consists of a training team that focuses on law enforcement officials and introducing humanitarian law, transitional justice, prosecution of war criminals and universal jurisdiction, the rule of law, separation of powers, guarantees of fair trial, and the role of the lawyers and judiciary. The participants in this program showed interest in the subjects that were relevant to the Arab world as well as crimes against civilians. Libya strongly suggests that other nations follow similar programs to either improve or create an appropriate system to handle crimes against humanity.
Libya’s goal is to work on an international system that will ensure fair trial and prosecution of those who have committed crimes against humanity. This way, countries can have trials at home without the intervention of organizations such as the ICC and be independent. It is a nation’s duty not to ignore crimes against humanity and instead pursue resolutions in order for the criminals are brought to justice. A possible cause in the inaction in the face of crimes against humanity is an inefficient legal system that does not know their own rights and boundaries. By having a set system, nations would be encouraged to take action. Intervention by international organizations should only take place if a nation does not plan to hold a trial on those accused of committing a crime against humanity. This is because sovereignty does not apply when crimes against humanity are not handled. Yet, Libya does not believe that intervention is justified when countries’ legal procedures are automatically assumed to be insufficient and the ICC is called in to replace a country’s legal system. To ensure justice is met, immediate action, fair trials, and appropriate prosecution must take place.
