I had a good chuckle this morning when I read Libya’s latest attempt to avoid complying with its obligation to surrender Saif Gaddafi to the ICC. (Which, of course, it may be genuinely unable to do, given that he’s still being held in Zintan. But that’s another story.)
The source of my amusement is Libya’s new excuse for not being able to file submissions on time:
[D]uring May 2014, there has been a surge in attacks against the Government, particularly in Tripoli and Benghazi, such that the UN Support Mission in Libya has recently expressed its concern over these “various acts of violence, including the assaults on official institutions”. These ongoing exigencies have prevented the Libyan authorities from providing up-to-date instructions on the salient issues. In view of these circumstances, the Government is, understandably, currently focusing its resources on restoring stability and order.
If you followed Libya’s failed admissibility challenge closely, you know that Saif’s defence team at Doughty Street Chambers (full disclosure: I’m now an academic member there) consistently argued that the violence in Libya prevented it from effectively trying Saif. Libya just as consistently rejected that argument, insisting that the violence had no effect whatsoever on its ability to conduct judicial proceedings.
To recap Libya’s position, then: the violence in the country doesn’t prevent the government from prosecuting Saif. But it does prevent it from filing a legal brief with the ICC.