Pre-Trial Chamber I of the International Criminal Court (ICC) in The Hague has decided the case against Abdullah Al-Senussi, former Libyan Intelligence Chief is not admissible. The decision, issued in October, was a response to the challenge to admissibility made by Libya. The case began when the U.N. Security Council referred the case to the ICC in 2011. Ultimately Col. Muammar Qadafi, his son, Saif Al-Islam Qadafi and Al-Senussi.
Col. Qadafi was killed in the end of uprising in Libya, and Saif Al-Islam Qadafi and Al-Senussi are in the custody of Libya, which has refused to surrender them to The Hague. In a 152 page opinion, the court evaluated the Libyan case against Al-Senussi, the procedural safeguards and process available to Al-Senussi in Libya and whether or not Libya is unable or unwilling to handle the case. Ultimately the court determined:
[T[he Chamber concludes that the same case against
Mr Al-Senussi that is before the Court is currently subject to domestic
proceedings being conducted by the competent authorities of Libya - which
has jurisdiction over the case - and that Libya is not unwilling or unable
genuinely to carry out its proceedings in relation to the case against
Mr Al-Senussi. The case against Mr Al-Senussi is therefore inadmissible before
the Court pursuant to article 17(1)(a) of the Statute.
The representatives of Al-Senussi at the ICC have appealed the determination arguing the case should be heard by the ICC. The court has not ruled on Libya’s request to also dismiss the case against Saif Al-Islam Qadafi.