Libya rejects claims it cannot try Abdullah al-Senussi

“We expect diplomats and government officials to convince all parties of
the need to try Senussi in Libya.”

The ICC is only meant to try cases in which member states are unwilling or
unable to prosecute them themselves.

Libya’s willingness is not in question but the uncertain fate surrounding Saif
al-Islam Gaddafi, who was captured last November, is unlikely to encourage
confidence in Libya among lawyers at the court’s headquarters in The Hague.

The militia which seized Col Gaddafi’s heir apparent has refused requests to
transfer their captive to Tripoli and is instead holding him at its
headquarters in the town of Zintan. Militia leaders say they will stage
their own trial.

The prospect of Senussi standing trial at the notoriously slow ICC, which only
secured its first conviction in 10 years last week, will horrify his many
victims.

As Col Gaddafi’s most trusted acolyte, Senussi is accused of presiding over a
system of torture and extra-judicial execution that became the mainstay of a
culture of terror in Libya that spanned decades. Among the most serious
charges laid against him is the Abu Salim prison massacre of 1996, when some
1,200 mainly Islamist inmates were shot, bludgeoned or hacked to death.

France also had a claim on the suspect, after a French court sentenced him in
absentia to life imprisonment in 1999 after ruling that he was responsible
for a bomb attack on a passenger plane over Niger 10 years earlier. Most of
the 170 who died were French citizens.

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