Prosecuting the Gaddafi's: Swift or political justice?

Geert-Jan Knoops

Abstract


In this article the author assesses the legality and legitimacy of the Gaddafi arrest warrant; was the issuance thereof a matter of swift justice or was it merely meant to serve as political pressure in overthrowing a detrimental regime? To this end the available evidence at the time the arrest warrants were issued, political motives behind the arrest warrants and differences – or actually similarities – between the Syrian and the Libyan situation, are discussed. Moreover, the trial prospects of Saif Al Islam Gaddafi, who is facing a trial before either a Libyan court or the International Criminal Court, are analysed. The case review in this article illustrates the dynamics of politics within International Criminal Law.


Keywords


International Criminal Court; international criminal justice; United Nations; human rights

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Copyright (c) 2012 Geert-Jan Knoops

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