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ICC / AL-SENUSSI

The Appeals Chamber of the International Criminal Court (ICC) unanimously confirmed the decision which declared the case against Abdullah Al-Senussi inadmissible before the ICC. A Pre-Trial Chamber had decided last year that the case against Al-Senussi was inadmissible as it was subject to ongoing domestic proceedings conducted by the competent Libyan authorities. ICC
d1141678
Video Length
00:00:53
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Subject Topical
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MAMS Id
1141678
Description

STORY: ICC / AL-SENUSSI
TRT: 0.53
SOURCE: ICC
RESTRICTIONS:
LANGUAGE: ENGLISH / NATS

DATELINE: 24 JULY 2014, THE HAGUE, NETHERLANDS

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Shotlist

1. Wide shot, Court
2. Med shot, defence team
3. SOUNDBITE (English) Akua Kuenyehia, Appeals Chamber Presiding Judge:
“The Appeals Chamber can find no error in the Pre-Trial Chamber’s analysis. In sum, the appeals chamber rejects the defence’s third ground of appeal.”
4. Med shot, defence representative
5. Med shot, defence and government of Libya representatives
6. SOUNDBITE (English) Akua Kuenyehia, Appeal Presiding Judge:
“The Appeals Chamber does not find the Pre-Trial Chamber’s finding unreasonable. For all these reasons, the defence first ground of appeal is dismissed. In sum, the appeals chamber therefore confirms the impugn decision and dismisses the appeal.”
7. Med shot, government of Libya representative
8. Med shot, defence representative
9. Wide shot, Court
10. Zoom out, end of session

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Storyline

Today, (24 July), the Appeals Chamber of the International Criminal Court (ICC) unanimously confirmed Pre-Trial Chamber I's decision which declared the case against Abdullah Al-Senussi inadmissible before the ICC.

In an open session, the Presiding Judge in this appeal, Judge Akua Kuenyehia, read a summary of the Judgment of the Appeals Chamber and of the separate opinions by Judges Sang-Hyun Song and Judge Anita Ušacka.

The Presiding Judge indicated that the Appeals Chamber examined thoroughly the three grounds of appeal submitted by the Defence of Senussi. The Appeals Chamber concluded that there were no errors in the findings of the Pre-Trial Chamber that Libya is not unwilling or unable to genuinely prosecute Al-Senussi, or in the exercise of its discretion in the conduct of the proceedings and in the evaluation of the evidence.

In accordance with the Rome Statute, the ICC does not replace national criminal justice systems; rather, it complements them. The ICC can investigate and, where warranted, prosecute and try individuals only if the State concerned does not, cannot or is unwilling genuinely to do so.

On 2 April 2013, the Libyan authorities filed a challenge to the admissibility of the case with regard to Abdullah Al Senussi before Pre-Trial Chamber I of the ICC. On 11 October 2013, Pre-Trial Chamber I decided that the case against Al-Senussi was inadmissible before the Court as it was subject to on-going domestic proceedings conducted by the competent Libyan authorities and that Libya was willing and able genuinely to carry out such investigation. On 17 October 2013, the Defence appealed this decision.

Today's judgment has no bearing on the case against Saif Al-Islam Gaddafi. On 31 May 2013, Pre-Trial Chamber I rejected Libya's challenge to the admissibility of the case against Saif Al Islam Gaddafi and reminded Libya of its obligation to surrender the suspect to the Court. On 21 May 2014, the ICC Appeals Chamber confirmed the Pre-Trial Chamber I's decision.

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