Amsterdam Law Forum (Feb 2012)
Prosecuting the Gaddafi's: Swift or political justice?
Abstract
<p>In this article the author assesses the legality and legitimacy of the Gaddafi arrest warrant; was the issuance thereof a matter of swift justice or was it merely meant to serve as political pressure in overthrowing a detrimental regime? To this end the available evidence at the time the arrest warrants were issued, political motives behind the arrest warrants and differences – or actually similarities – between the Syrian and the Libyan situation, are discussed. Moreover, the trial prospects of Saif Al Islam Gaddafi, who is facing a trial before either a Libyan court or the International Criminal Court, are analysed. The case review in this article illustrates the dynamics of politics within International Criminal Law.</p>