Showing posts tagged as "Gaddafi"

Showing posts tagged Gaddafi

17 Apr
"The severe deficiencies of the current judicial system are rooted, first and foremost, in the failings of the one that, in principle, it has replaced."

—from Crisis Group’s recent report, Trial by Error: Justice in Post-Qadhafi Libya

"This has all the hallmarks of a vicious cycle: impatience with the pace of justice and overall mistrust embolden armed groups; their increased activism undermines the state’s ability to function, including on matters of law and order; and this in turn vindicates the armed groups’ claim that it is their duty to fill the vacuum."

—from Crisis Group’s recent report, Trial by Error: Justice in Post-Qadhafi Libya

"Criminal prosecutions against high-ranking Qadhafi-era officials are an important step, but they will not suffice; what is needed is a more comprehensive transitional justice process that, in addition to criminal trials, includes appropriate vetting mechanisms for former regime loyalists and truth commissions."

—from Crisis Group’s recent report, Trial by Error: Justice in Post-Qadhafi Libya

"Unless there is a clear message, there is a real risk of escalating targeted assassinations, urban violence and communal conflicts."

—from Crisis Group’s recent report, Trial by Error: Justice in Post-Qadhafi Libya

Trial by Error: Justice in Post-Qadhafi Libya
Tripoli/Brussels/ Washington  |   17 Apr 2013
Unless Libya breaks the cycle of violence and urgently reforms its justice system, there is a real risk of an increase in assassinations, urban violence and communal conflicts.
Trial by Error: Justice in Post-Qadhafi Libya, the latest report from the International Crisis Group, analyses the ills plaguing the judicial system in Libya. Well over a year after Qadhafi’s regime was ousted, some armed groups continue to run prisons and enforce their own forms of justice, while others resort to violence to achieve political or criminal aims. All this triggers more grievances, further undermining confidence in the state.
The report’s major findings and recommendations are:
Distrust towards the Libyan judiciary, still considered a Qadhafi-era relic, and disarray within the security forces have led some individuals and groups to take matters in their own hands. They have rounded up thousands of alleged Qadhafi loyalists in total disregard of official procedures and carried out assassinations. This fuels resentment and grievances and risks triggering renewed conflicts.
Since coming to power, Prime Minister Ali Zeidan has declared a zero-tolerance policy towards arbitrary detention and revenge killings and made it a priority to transfer arbitrarily detained people into state custody. This is a welcome change of direction, yet he must tread carefully lest a confrontational approach towards brigades backfire.
Holding members of armed groups accountable for their actions is not enough. The government should work to restore trust in the judiciary. A first tangible step in this direction would involve establishing an independent panel tasked with vetting members of the judiciary found to be corrupt or guilty of unlawful behaviour.
Ultimately, Libya needs a comprehensive transitional justice strategy encompassing criminal trials against high-ranking Qadhafi-era officials, appropriate vetting procedures and truth commissions. The Fact-Finding and Reconciliation Commission and its local branches should begin operating alongside the ordinary criminal justice system, tackling both past and current abuses.
“The severe deficiencies of the current judicial system are rooted, first and foremost, in the failings of the one that, in principle, it has replaced”, says Claudia Gazzini, Crisis Group’s Senior Libya Analyst. “Four decades of arbitrary justice under the Qadhafi regime served as a burdensome backdrop to the new government’s efforts”.
“There are many necessary cures to Libya’s endemic insecurity, but few more urgent than repairing its judicial system”, says Robert Malley, Crisis Group’s Middle East and North Africa Program Director. “There are no quick fixes, but taking immediate measures to restore confidence in the judiciary and enhance its capacity to deal with abuses, both past and present, would be a first significant step forward”.
FULL REPORT

Trial by Error: Justice in Post-Qadhafi Libya

Tripoli/Brussels/ Washington  |   17 Apr 2013

Unless Libya breaks the cycle of violence and urgently reforms its justice system, there is a real risk of an increase in assassinations, urban violence and communal conflicts.

Trial by Error: Justice in Post-Qadhafi Libya, the latest report from the International Crisis Group, analyses the ills plaguing the judicial system in Libya. Well over a year after Qadhafi’s regime was ousted, some armed groups continue to run prisons and enforce their own forms of justice, while others resort to violence to achieve political or criminal aims. All this triggers more grievances, further undermining confidence in the state.

The report’s major findings and recommendations are:

Distrust towards the Libyan judiciary, still considered a Qadhafi-era relic, and disarray within the security forces have led some individuals and groups to take matters in their own hands. They have rounded up thousands of alleged Qadhafi loyalists in total disregard of official procedures and carried out assassinations. This fuels resentment and grievances and risks triggering renewed conflicts.

Since coming to power, Prime Minister Ali Zeidan has declared a zero-tolerance policy towards arbitrary detention and revenge killings and made it a priority to transfer arbitrarily detained people into state custody. This is a welcome change of direction, yet he must tread carefully lest a confrontational approach towards brigades backfire.

Holding members of armed groups accountable for their actions is not enough. The government should work to restore trust in the judiciary. A first tangible step in this direction would involve establishing an independent panel tasked with vetting members of the judiciary found to be corrupt or guilty of unlawful behaviour.

Ultimately, Libya needs a comprehensive transitional justice strategy encompassing criminal trials against high-ranking Qadhafi-era officials, appropriate vetting procedures and truth commissions. The Fact-Finding and Reconciliation Commission and its local branches should begin operating alongside the ordinary criminal justice system, tackling both past and current abuses.

“The severe deficiencies of the current judicial system are rooted, first and foremost, in the failings of the one that, in principle, it has replaced”, says Claudia Gazzini, Crisis Group’s Senior Libya Analyst. “Four decades of arbitrary justice under the Qadhafi regime served as a burdensome backdrop to the new government’s efforts”.

“There are many necessary cures to Libya’s endemic insecurity, but few more urgent than repairing its judicial system”, says Robert Malley, Crisis Group’s Middle East and North Africa Program Director. “There are no quick fixes, but taking immediate measures to restore confidence in the judiciary and enhance its capacity to deal with abuses, both past and present, would be a first significant step forward”.

FULL REPORT

6 Jul
Nervous Libyans ready for first taste of democracy | Reuters
By Marie-Louise Gumuchian and Hadeel Al Shalchi
TRIPOLI - Libyans will vote in their first free national poll in more than half a century on Saturday amid fears that violence could taint an election meant to usher in a temporary national assembly and draw a line under Muammar Gaddafi’s 42-year autocratic reign.
Voters will select a 200-member assembly that will choose a cabinet to replace the self-appointed interim government and also pick a new prime minister. Many of the 3,700 candidates have strong Islamic agendas.
The chamber was also due to appoint a committee charged with drafting a new constitution. But Libya’s transitional rulers announced on Thursday this body would also be elected directly by Libyans - a move one analyst said was a bid to appease federalists that have urged a boycott of Saturday’s vote.
FULL ARTICLE (Reuters)
Photo: REUTERS/Ismail Zitouny

Nervous Libyans ready for first taste of democracy | Reuters

By Marie-Louise Gumuchian and Hadeel Al Shalchi

TRIPOLI - Libyans will vote in their first free national poll in more than half a century on Saturday amid fears that violence could taint an election meant to usher in a temporary national assembly and draw a line under Muammar Gaddafi’s 42-year autocratic reign.

Voters will select a 200-member assembly that will choose a cabinet to replace the self-appointed interim government and also pick a new prime minister. Many of the 3,700 candidates have strong Islamic agendas.

The chamber was also due to appoint a committee charged with drafting a new constitution. But Libya’s transitional rulers announced on Thursday this body would also be elected directly by Libyans - a move one analyst said was a bid to appease federalists that have urged a boycott of Saturday’s vote.

FULL ARTICLE (Reuters)

Photo: REUTERS/Ismail Zitouny

11 Jun
Defiant Libyan militia hold ICC team for a third day | The National
By: Alice Fordham
CAIRO // A mountain militia in western Libya defied diplomats, the International Criminal Court and their own president yesterday by detaining an ICC legal delegation for a third day.
The four ICC staff are accused of trying to pass forbidden material to Saif Al Islam, imprisoned son of the former Libyan leader Muammar Qaddafi, while visiting him in Zintan. The military council in Zintan said they tried to give him a camera and a letter from Mohamad Ismail, a senior member of the Qaddafi regime.
FULL ARTICLE (The National)
Photo: B.R.Q./Flickr

Defiant Libyan militia hold ICC team for a third day | The National

By: Alice Fordham

CAIRO // A mountain militia in western Libya defied diplomats, the International Criminal Court and their own president yesterday by detaining an ICC legal delegation for a third day.

The four ICC staff are accused of trying to pass forbidden material to Saif Al Islam, imprisoned son of the former Libyan leader Muammar Qaddafi, while visiting him in Zintan. The military council in Zintan said they tried to give him a camera and a letter from Mohamad Ismail, a senior member of the Qaddafi regime.

FULL ARTICLE (The National)

Photo: B.R.Q./Flickr

Should Saif al-Islam be tried in Libya? | Al Jazeera

On Friday, the armed brigade that has been holding Saif al-Islam, Muammar Gaddafi’s son, captured four ICC staff members who went to meet him, accusing them of trying to pass documents to him.

The incident highlights the problems posed by the existence of powerful local militias in Libya and calls into question the authority of the central government under the National Transitional Council (NTC) in the run-up to the general elections.

The ICC and Libyan authorities have been unable to agree on where al-Islam should be tried.

The ICC wants to try him for crimes against humanity. But Libya says he should be tried in his own country and has refused to hand him over to the ICC.

FULL ARTICLE (Al Jazeera)

2 Dec

BBC: How the Arab League embraced revolution

By Bill Law

The Arab League, often seen as a do-nothing organisation, has confounded expectations by changing gears as revolutions sweep the Middle East.

Of all the startling changes that the Arab Spring has brought about, perhaps the most intriguing has been the transformation of the Arab League.

This 22-member organisation, previously seen as a comfortable club for Arab autocrats, has been rocked to its well-appointed and expensive foundations.

With the energetic and, by Arab standards, youthful prime minister of the wealthy gulf state of Qatar playing a leading role, the league let Egypt’s Mubarak fall with barely a murmur.

It voted to suspend Gaddafi’s Libya in February and watched while the Qataris assisted anti-government forces there. And a crucial vote in March in support of a no-fly zone enabled Nato to play a decisive role in swinging the war to the rebel side.

And then most unexpectedly of all, the Arab League took a hard stance against the Syrian regime of Bashir al-Assad.

In August, the league condemned the Syrian government for its repression of nationwide uprisings and called for an immediate end to the violence.

Then in November it suspended Syria for failing to stick to a deal that included halting military action and starting talks with the opposition.

And when Syria continued to prevaricate, the league slapped sanctions on the regime.

In all its previously unremarkable 66-year history, nothing quite like what has happened in the past few months has ever before occurred.

It’s as if a gentleman’s club, very wealthy, very smug and sure of itself, had suddenly been forced to drink deep from the revolutionary’s cup and found it rather intoxicating.

So how did it all come about?

The Arab League was an organisation established in Cairo in 1945 primarily to be a counterweight to the looming and soon to be realised state of Israel.

Through the decades since, the league’s efforts to establish itself as a significant political force have been lacklustre at best.

Egypt’s influence in the league waned as the power and financial clout of the gulf states, especially Saudi Arabia, grew.

Although the league has a military protocol, and various members have waged wars on Israel over the years, its only previous joint exercise was, ironically, to join Syrian troops in Lebanon from 1976 to 1983.

Countless summits have come and gone while the Arab League slumbered on, apparently unconcerned about human rights abuses, rampant poverty and unemployment, and the frequently brutal suppression of pro-democracy activists among its members.

Al Thani

Then came the Arab spring.

As dictators fell one by one, the league began to wake up. Angry young Arabs were shouting and the risks of appearing not to listen were all too readily apparent.

Ignoring the Arab Spring was not an option. The alternative, to support the push for freedom, was scarcely more palatable for this league of autocrats. But influential players like Saudi Arabia’s King Abdullah knew something had to give.

Facing pressures from western allies, and worried that their own populations were enthusiastically taking up the Syrian opposition cause on social media sites, the more energetic members of the club sat up and took notice.

None more so than Sheikh Hamad bin Jassim bin Jaber Al Thani, the 52-year-old prime minister and foreign minister of Qatar.

One of the world’s wealthiest men, he’s earned the nickname “peacemaker” for his efforts over the years to broker reconciliations between warring factions in Africa and the Middle East.

Middle East observers see him as tough, bright and very much up to speed with what is happening in the region.

He grasped earlier than his colleagues that the league could not ignore the killing of unarmed civilians in Syria. And he pushed hard to suspend the country and impose sanctions against the embattled regime of President Bashir al Assad.

Ever the pragmatist though, Jaber Al Thani had shown no public concern for the violence and killing of protesters in February and March in Qatar’s next-door gulf neighbour Bahrain. The Bahrainis were happy to return the favour by voting for sanctions against Syria.

Riyadh-based Saudi analyst Mohsen Al Awaji says “without the personality of that man, the message would not have been delivered. His was the strong hand behind the process.”

Others see the Qatari initiative as further proof that Saudi Arabia is out of touch and slow to move in fast changing circumstances.

"Compared to the Saudi royals, the Qataris are in overdrive, they are hyperactive," says Middle East expert Peter Harling of the think tank International Crisis Group.

Harling argues that Qatari foreign policy is decided by a tight group - the emir, the prime minister and a few key advisors.

"Their style," he adds "fits the era. It’s a golden opportunity for them to stake a claim"

FULL ARTICLE (BBC)

28 Nov

Our President, Louise Arbour, spoke to France 24 about trying Saif al-Islam Gaddafi in Libya rather than the Hague. Watch the interview below.

(Source: france24.com)