Libya Fails Admissibility Challenge in Ghaddafy case

Libya’s challenge to the admissibility of the proceedings against Seif Al-Islam Gaddafi has been rejected by Pre-Trial Chamber I in an important decision interpreting article 17 of the Rome Statute. In a unanimous decision, the Chamber pointed to several factors in support of its view that Libya was not able to investigate or prosecute the Gaddafi case. Consequently, the proceedings before the International Criminal Court should continue and Gaddafi is required to be transferred to The Hague. The decision is available here.