1 May 2012 – NEWS ABOUT THE COURTS

Libya files admissibility challenge with the ICC:  On 1 May 2012 the Government of Libya filed an admissibility challenge with the ICC arguing that Libya has primary jurisdiction over the cases against Saif Al-Islam Gaddafi and Abdul al-Senussi.  Libya says it is willing and able to carry out genuine investigations against the ICC suspects.  The admissibility challenge told the Court that investigations against Saif Gaddafi are at an advanced stage and should be finished within weeks.  The application explained that investigations against Muammar Gaddafi’s former intelligence chief could take longer considering that al-Senussi is currently being held in Mauritania and is in poor health.  The challenge contested allegations that Saif Gaddafi has been treated poorly and highlighted Libya’s assertions that detention conditions have been adequate and Saif Gaddafi has been provided health care.  (For additional information on this topic, please 1. click here, and 2. click here). 

ICC victims to testify in Bemba case:  On Tuesday 1 May 2012, two victims accepted by the ICC to participate in the proceedings against Jean-Pierre Bemba, took the stand to testify against the accused.  The trial has accepted the participation of 2, 287 victims of crimes committed between October 2002 and March 2003 including murder, rape and pillaging. The victims testimony on Tuesday marks the first time a victim has testified as a victim authorized to participate in the proceedings. 

Kenyan researcher sues Government for referral of ICC case:  On 29 April 2012 Kenyan researcher Moraa Gesicho filed a suit against the Government of Kenya with the High Court in Milimani.  The suit names the Attorney General of Kenya, Githu Muigai, as first respondent and the Truth, Justice and Reconciliation Commission as the second respondent.   Gesicho has sued the Government for allowing the Commission of Inquiry into the Post-Election Violence to refer the suspects and their cases to the ICC, and says that the President should not have referred the names of the suspects to the ICC Prosecutor.  Gesicho says the cases must be referred back to Kenya in order to restore Kenya’s sovereign integrity. 

ICTY Prosecution expected to close case next week:  It is expected that the ICTY Prosecution will close its case against ICTY accused Radovan Karadzic sometime next week.  After the Prosecution finishes giving evidence through a demographics expert, the prosecution is expected to call two other witnesses, a journalist and one protected witness, before bringing its case to a close.  The Defence is thereafter due to open its case on 16 October 2012.

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