May 2014, the Appeals Chamber of the International Criminal Court (ICC) delivered its judgment confirming the decision of the ICC Pre-Trial Chamber declaring admissible the case against Saif Al-Islam Gaddafi. The Appeals Chamber’s judgment was issued by majority, with a separate concurring opinion by Judge Sang-Hyun Song. Judge Anita Ušacka adopted a dissenting opinion.
On 31 May 2013, Pre-Trial Chamber had rejected Libya’s challenge to the admissibility of the case against Saif Al Islam Gaddafi and reminded Libya of its obligation to surrender the suspect to the Court. Libya appealed this decision on 7 June 2013. According to article 17 (1) (a) of the Rome Statute, a case is inadmissible before the Court where the same case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unable or unwilling genuinely to carry out the investigation or prosecution.
In an open hearing, today, Judge Erkki Kourula, Presiding Judge on this appeal, read a summary of the Appeals Chamber’s judgment. He explained that the Appeals Chamber was of the view that the Pre-Trial Chamber did not err in either fact or law when it concluded that Libya had fallen short of substantiating, by means of evidence of a sufficient degree of specificity and probative value, that Libya’s investigation covers the same case that is before the Court. The Appeals Chamber also rejected Libya’s arguments that the Pre-Trial Chamber had made procedural errors when reaching its decision. On that basis, the Appeals Chamber confirmed the Pre-Trial Chamber’s decision, according to which Mr Gaddafi’s case is admissible before the ICC.