วันเสาร์ที่ 5 พฤศจิกายน พ.ศ. 2554

Muammar Gaddafi's death averts legal headache for National Transitional Council

If the former Libyan leader had been captured alive, the question of jurisdiction to try him was insurmountable 05

The death of Muammar Gaddafi, potentially avoiding a full trial could deal with Libya National Transition Council (CNT) against the demands of international justice.

Minister of Libya, Gaddafi insisted justice - that had to be taken alive - would be tried in Libya under local law. The International Criminal Court in The Hague, however, issued an order against Gaddafi this year, accusing him of using brute force, while the repression of demonstrations in February. Also issued a warrant for his eldest son and his chief spy.

may have been possible to reconcile the two statements. International lawyers have proposed a compromise that could have been a trial in Tripoli paid by the United Nations and conducted under the auspices of the national and international legislation. The process, however, could have lasted for years. Libya's legal system barely exists and must be rebuilt from scratch.

Meanwhile, Gaddafi could undermine the democratic electoral process and forces loyal discontent. At worst, it could have led an insurgency against the new government fresh from the Sahara or in the south, wreaking havoc on the credibility of the CTN and destabilize neighboring Libya.

Gaddafi death means that the debate about where to address them is irrelevant. It is a performance gain for the Libyan government, which is already showing signs of weakness, internal tensions and regional conflicts. It removes a major obstacle to the complex processes of political transition and try to build the nation after decades of autocracy.

was a big disappointment on Thursday in some human rights activists Gaddafi could not account for the many crimes committed during his 42 years in power. Richard Dickler, director of the Human Rights Watch International Justice Program at said Gaddafi's death had deprived the Libyan people the chance to see him accountable "to a fair trial before the ICC."

no doubt, however, that most Libyans for his death as a cathartic moment. Photos of his bloodied corpse being dragged through ecstasy caused Sirte celebrations across the country. It was generally agreed that the four decades of dictatorship, the revolution of the people and the nine months ended civil unrest and the insurgency was over.

also mean the end of the UN mandate for military intervention of NATO in Libya.

Gaddafi death have been greatly relieved in many Western capitals. In spring, there was every chance that the former dictator, with nothing to lose, have shameful secrets spilled over into Libya's relations with European powers, the international oil companies and the statesmen of the past as Tony Blair. Many oil companies have signed lucrative contracts with his regime. These include BP, ENI of Italy and Total France. They also breathe a sigh of relief.



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