"In my earlier post on Libya’s admissibility challenge, I explained how the Libyan government’s failure to provide Saif with due process could be relevant to the admissibility of the case against him. There is, however, a far stronger argument against Libya’s admissibility challenge, one thatI’ve discussed before: namely, that Article 17(3) deems a case admissible if “the State is unable to obtain the accused,” and Libya is unable to obtain Saif from the Zintan militia that has him in custody. The OPCD’s response makes the argument at length, with considerably more information than has appeared to date. (I just wish the OPCD had foregrounded the argument more clearly in the motion; it doesn’t appear until page 80). Here are the relevant paragraphs: ... "