Tuesday, June 28, 2011

THE I.C.C. AND GADHAFI.

The International Criminal Court has issued warrants for the arrest of Moammar Gadhafi and two of his closest allies; Saif al-Islam Gadhafi, his son and Abdullah al-Sanussi, his brother-in-law.

"The warrants are "for crimes against humanity," including murder and persecution, "allegedly committed across Libya" from February 15 through "at least" February 28, "through the state apparatus and security forces," the court said in a news release." (CNN Report).

The decision seems to be a noble one; however, the court's jurisdiction does not extend to Libya, because that country is not one of the signatories of the Rome Statute; the International legal instrument that gives the ICC its powers.

That being the case, it will be more than impossible for the warrants to be executed, to put these three men on trial and to bring them to justice.

There are also ramblings of Gadhafi himself engaging in private, but serious talks of finding an escape route, and therefore a way out of his problems; and that he is seeking a safe haven somewhere outside Libya.

The African Union is playing a vital role in getting a kind of political asylum for him. Yet, the question arises as to what country is ready to accept him, even if it (country) is outside the ICC's powers? There seems to be none presently.

He has become a "pariah", and no one will receive him, even if the discussion of finding him somewhere to go to succeeds.

Wherever he goes now, and whatever he does, will get him into a more entangled situation; and so, it will be better off for him to remain in the rebellion against him, until whether the opposition reaches his compound and arrests him, or he decides to give himself up to the authorities, which may be the rebels themselves, or NATO or the United Nations officials on the ground.

At least, that is how some leaders of the Transitional National Council of Libya wants it to happen. The idea is to have his (Gadhafi's) own countrymen directly dealing with him, instead of leaving him in the hands of the ICC.

As Gadhafi's crimes against humanity have been established, will he be declared competent to stand trial? He is quite an eccentric, and he does not even know whether he is a dictator or not. In fact, he does not accept the notion of being one. "My people love me,"; he continues to say in the midst of a war against his regime.

So, how does the ICC intends to put a person in that state of mind on trial?

Also, in addition to crimes against humanity, does he know that he has caused the world to be a more dangerous place in recent months than ever before; and how does he respond to that?

He might be incapable to think that is part of the overall charge; but is it? He really is confused; and if so, how does he handle himself against the onslaught of the law?

There must be defense lawyers there at his behest; yet, some answers must come from Gadhafi himself.

The question still boils down to, "how do you put a crazy person on trial in a court of law?"; even if the ICC can lay its hands on him.

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