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Prosecutor v. Al-Senussi

Appeals Chamber of the International Criminal Court
ICC-01/11-01/11-565 (July 24, 2014)


Facts

The International Criminal Court (ICC) is a permanent court that deals with international criminal issues and was established by the Rome Statute in the 1990s. The Rome Statute, a multilateral treaty, outlines various provisions and procedures related to ICC jurisdiction and operation. Since the ICC’s creation, various challenges to ICC jurisdiction have ensued. During a 2011 rebellion against Libya’s government, the United Nations Security Council referred various issues related to the rebellion to the ICC. The ICC issued arrest warrants for three high-ranking Libyan officials, including the leader of the intelligence branch, Abdullah Al-Senussi (defendant), charging the officials with crimes against humanity. Shortly thereafter, Libya wished to commence its own prosecutions against the officials, and filed an application challenging the admissibility of the case, or the jurisdiction of the ICC under Article 17 of the Rome Statute. In 2013, the ICC’s Pre-Trial Chamber accepted Libya’s jurisdictional challenge to Al-Senussi’s case. Al-Senussi appealed, arguing that his case was admissible in the ICC under the Article 17(2) exception because Libya’s proceedings would not satisfy international due-process standards and, therefore, Libya was unwilling to genuinely prosecute.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

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Holding and Reasoning

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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