“…ICC difficulty with … prosecution/trial of Saif Gaddafi that could conclude in execution/death penalty…” With Saif Gaddafi’s capture, Libya’s future does not need anymore executions, carried out as summarily or as consequent of some judicial process. Justice does not require blood but the truth and recognition of the rights and wrongs. The summary killing of Colonel Gaddafi and his son Mutassim may have satisfied some Libyan’s yearning for vengeance after 42 years of tyrannical rule and an unnecessary bloody civil war. However, the killing set back the image of the revolution, knowledge of the truth and respect for the rule of law. (Read: “Does Manner of Gaddafi’s Killing Matter?” diplomaticallyincorrect.org/films/blog_post/does-manner-of-gaddafis-killing-matter-by-ambassador-mo/37685 ). Saif Gaddafi was a potential insurgency threat to Libya’s new government. Now that he is captured, his value is greatest in exhibiting Libya’s commitment to the rule of law and stepping away from blood justice. The execution of Saddam Hussein did little but to the contrary in signaling a new Iraq. (Read: “Gaddafi Son-Would be Insurgent or Defendant?” - diplomaticallyincorrect.org/films/blog_post/gaddafi-son-would-be-insurgent-or-defendant-by-ambassador-mo/38429 The International Criminal Court has a valid arrest warrant out for saif Gaddafi, backed by mandate given to it in Libya by the UN Security Council. (See FILM REPORT - diplomaticallyincorrect.org/films/movie/gaddafi-arrest-warrant-icc-prosecutor/26959 ). The new Libyan authorities cannot simply ignore it. However, by the methodology of the ICC, it is not a court of exclusive but complementary jurisdiction. In other words, the trial of Saif Gaddafi could be carried out in Libya to the extent that a fair trial can be assured consistent with certain minimum standards. We have seen somewhat similar circumstances play out with respect to the ICC and Kenya – Read: “Kenya Prosecutions – ICC” - diplomaticallyincorrect.org/films/blog_post/kenya-prosecutions-by-international-criminal-court-by-ambassador-mo/27068). The ICC would most likely need to sanction a trial of Saif in Libya, if it could conclude that a fair trial consistent also with ICC standards. It will not be a matter of resources, will or qualified persons, as some media have speculated. Fact that Libya is not member of ICC does not remove the UN Security Council mandate of the ICC under UN Security Council Resolution 1970. (See Film Report - “Libya Investigation/International Criminal Court” - diplomaticallyincorrect.org/films/movie/international-criminal-courtlibya-referral-un-security-council/25302). Former international Judge (UN Tribunal for Sierra Leone) pointed out on BBC that the EU had it right by demanding that Saif be handed over to the ICC and that it is now the ICC that has in effect primacy/authority. The issue will be the legacy, the manner by which Colonel Gaddafi and Mutassim Gaddafi were received justice. Further, the ICC does not recognize the death penalty. It was a matter we debated extensively during the Rome Statue negotiations in 1998, and I think we correctly concluded that executions of any sort are neither necessary or most consistent with delivery of justice. The ICC would have great difficulty in endorsing/sanctioning any prosecution and trial of Saif Gaddafi that could conclude in execution/death penalty. By Ambassador Muhamed Sacirbey Facebook – Become a Fan at “Diplomatically Incorrect” Twitter – Follow us at DiplomaticallyX “WarCrimesJustice” Channel - diplomaticallyincorrect.org/c/war-crimes-justice