The International Criminal Court in Action

A few weeks ago, we discussed the ICC, including the way its founding treaty--in theory--obligates signatory countries to turn suspects over to the ICC.   This is creating an interesting wrinkle in the case of former Libyan dictator Gaddafi's son.  Originally created to punish criminals in places where the original country couldn't do so for political reasons (i.e. Rwanda), it is now being used to protect suspects from the death penalty.

The Libyan authorities have made no secret of the fact that they have absolutely no intention of handing Saif Gaddafi over to the ICC, our correspondent says.

If they do want to play by the rules and win the right to try Saif Gaddafi at home, they must convince the judges they can do the job and that Mr Gaddafi will face a fair hearing at home.... Lawyer Melinda Taylor - who spent nearly a month in detention after she and three other members of the defence team were arrested in Libya after visiting Mr Gaddafi in June - say Libya's lawyers are misleading the ICC, for instance by saying a possible death sentence for Saif Gaddafi could be commuted.

Full Article

 Three thoughts come to mind:

1) We're seeing how non-state actors (the ICC) create new regimes (sets of practices and rules--remember that from the exam?) about capital punishment.

2) We're seeing how Euro-centric the ICC is in its opposition to the death penalty.  It reminds me of the European voices who claimed Saddam Hussein wouldn't get a "fair trial" in post-war Iraq

3) The new Libyan government's refusal to turn Gaddafi over reminds us that sovereignty still trumps international law.