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| Libya delays trial of Muammar Gaddafi's son to hear from spy chief | Libya delays trial of Muammar Gaddafi's son to hear from spy chief |
| (8 days later) | |
| Libya has said it will delay the trial of Muammar Gaddafi's son Saif al-Islam, to gather evidence against him from the former spy chief who was extradited to Tripoli earlier this week. | Libya has said it will delay the trial of Muammar Gaddafi's son Saif al-Islam, to gather evidence against him from the former spy chief who was extradited to Tripoli earlier this week. |
| Abdullah al-Senussi, Libya's former chief of intelligence, is expected to know the secrets of many former regime figures, including Saif. | Abdullah al-Senussi, Libya's former chief of intelligence, is expected to know the secrets of many former regime figures, including Saif. |
| "We expect the trial of Saif al-Islam to be delayed a little because Abdullah Senussi will be able to provide new information that can be used in Saif's trial," said prosecution spokesman Taha Ba'ara. | "We expect the trial of Saif al-Islam to be delayed a little because Abdullah Senussi will be able to provide new information that can be used in Saif's trial," said prosecution spokesman Taha Ba'ara. |
| The interrogation of Senussi has already begun in the Libyan capital amid tight security, with the prime minister, Abdurrahim El Keib, promising to give him a "fair trial". | The interrogation of Senussi has already begun in the Libyan capital amid tight security, with the prime minister, Abdurrahim El Keib, promising to give him a "fair trial". |
| But his arrival seems likely to deepen a rift between Libya and the international criminal court (ICC). The two have already clashed over the fate of Saif al-Islam. | But his arrival seems likely to deepen a rift between Libya and the international criminal court (ICC). The two have already clashed over the fate of Saif al-Islam. |
| Both Saif and Senussi were charged by the ICC last year with crimes against humanity, but Libya insists both men will be tried not at The Hague but in Tripoli – and will face execution if found guilty. | Both Saif and Senussi were charged by the ICC last year with crimes against humanity, but Libya insists both men will be tried not at The Hague but in Tripoli – and will face execution if found guilty. |
| The ICC said on Thursday that Libya should hand Senussi over to The Hague, prior to any request by the Libyans to stage their own trial. "If the Libyan authorities think they can proceed then they have the judicial channel to challenge this," said ICC spokeswoman Sonia Robla. "This is the principle on which the court was built." | The ICC said on Thursday that Libya should hand Senussi over to The Hague, prior to any request by the Libyans to stage their own trial. "If the Libyan authorities think they can proceed then they have the judicial channel to challenge this," said ICC spokeswoman Sonia Robla. "This is the principle on which the court was built." |
| Libya has embarked on a different strategy: in May it hired human-rights lawyer Philippe Sands to make a formal application to the ICC for permission to hold a trial in Libya. Judges at The Hague are not likely to announce a decision before November, but Libya says it will hold Saif's trial this month without waiting for permission. | Libya has embarked on a different strategy: in May it hired human-rights lawyer Philippe Sands to make a formal application to the ICC for permission to hold a trial in Libya. Judges at The Hague are not likely to announce a decision before November, but Libya says it will hold Saif's trial this month without waiting for permission. |
| Richard Dicker, head of international justice at Human Rights Watch in New York, said Libya's actions over the two suspects would be the litmus test of its commitment to democracy and the rule of law. "It's important for Libya's credibility," he said. "If there was a trial and an execution before the (admissibility) challenge, that would fly in the face of Libya's obligations." | Richard Dicker, head of international justice at Human Rights Watch in New York, said Libya's actions over the two suspects would be the litmus test of its commitment to democracy and the rule of law. "It's important for Libya's credibility," he said. "If there was a trial and an execution before the (admissibility) challenge, that would fly in the face of Libya's obligations." |
| Few tears will be shed in Libya if the country presses ahead with trials and interrogations of Saif and Senussi, who are seen as key players in 40 years of brutal dictatorship. But the ICC is likely to complain to the UN security council, which ordered it into action against the Gaddafi regime last year. | Few tears will be shed in Libya if the country presses ahead with trials and interrogations of Saif and Senussi, who are seen as key players in 40 years of brutal dictatorship. But the ICC is likely to complain to the UN security council, which ordered it into action against the Gaddafi regime last year. |
| "The crisis will come when and if the ICC judges decide that they should retain jurisdiction and the Libyans refuse to hand them [Saif and Senussi] over," said Sir Geoffrey Nice, a war crimes lawyer who prosecuted Serbia's former president, Slobodan Milosevic, "Having no police force of its own, the ICC will throw up its hands in horror and go to the security council." | "The crisis will come when and if the ICC judges decide that they should retain jurisdiction and the Libyans refuse to hand them [Saif and Senussi] over," said Sir Geoffrey Nice, a war crimes lawyer who prosecuted Serbia's former president, Slobodan Milosevic, "Having no police force of its own, the ICC will throw up its hands in horror and go to the security council." |
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