"Should Saif Al-Islam Gaddafi be prosecuted for mass atrocities before the International Criminal Court (ICC) in The Hague or a national court in post-revolutionary Libya? McGill Law professor Payam Akhavan has been playing a key role in deciding this important question, as counsel for Libya’s fledgling government.
Under the ICC Statute, Libya is supposed to surrender both its prisoners for the case The Prosecutor v. Saif Al-Islam Gaddafi and Abdullah Al-Senussi, unless they are prosecuted before its national courts. Last May, the fledgling government asked the ICC to drop its case, arguing that the nation is ready and willing to put Gaddafi and Senussi on trial at home. Libya’s legal team includes Michelle Butler, Professor Philippe Sands, and Akhavan. (...)"