Access the full text.
Sign up today, get DeepDyve free for 14 days.
References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.
The icc’s Libya cases raise interesting questions about the icc’s interaction with national jurisdictions that retain the death penalty. In the case against Abdullah Al-Senussi, the icc ruled he could be tried in Libya—his case was ‘inadmissible’—despite Libya retaining the death penalty and despite fair trial concerns. Yet, Rome Statute Article 21.3 directs the Court to be consistent with international human rights. Is it consistent with international human rights to indirectly authorize trial in a country that retains the death penalty, under conditions that cannot guarantee at least core due process protections? This article argues that it is not. Furthermore, this article argues that the Appeals Chamber in Senussi was insufficiently concerned with due process violation in the national jurisdiction—in a situation one could well-anticipate a former high-level regime official would not receive a fair trial post-regime change.
International Criminal Law Review – Brill
Published: Oct 15, 2017
Read and print from thousands of top scholarly journals.
Already have an account? Log in
Bookmark this article. You can see your Bookmarks on your DeepDyve Library.
To save an article, log in first, or sign up for a DeepDyve account if you don’t already have one.
Copy and paste the desired citation format or use the link below to download a file formatted for EndNote
Access the full text.
Sign up today, get DeepDyve free for 14 days.
All DeepDyve websites use cookies to improve your online experience. They were placed on your computer when you launched this website. You can change your cookie settings through your browser.