Amal Alamuddin: Dismissing Libya’s Legitimate Legal Right since 2012

 

We have been following Ms. Alamuddin’s involvement with the Libyan legal issues prior to becoming part of Abdulla Senussi’s legal team with lead council, Matrix Chambers’ Ben Emmerson.  Back then it seemed that the only subject was Saif Gaddafi.

Ben Emmerson and Amal Alamuddin represents Abdulla Senussi at the the International Criminal Court.

Ben Emmerson and Amal Alamuddin represents Abdulla Senussi at the the International Criminal Court.

See our copy of the presently-hard-to-locate PDF: Amal Alamuddin’s article about Saif and ICC . 

This is Amal Alamuddin's February 2012 article which dismisses Libya's Legitimate Legal Right to cancel the ICC proceedings through the UN Security Council under Article 16 of the Rome Statute. She is presently part of the legal team representing Abdulla Senussi.

This is visual excerpt from Amal Alamuddin’s February 2012 article which dismisses Libya’s Legitimate Legal Right to cancel the ICC proceedings through the UN Security Council under Article 16 of the Rome Statute. She is presently part of the legal team representing Abdulla Senussi.

 

At the time, we found an article by Ms. Alamuddin.  Once connected by a link to the Lawyers for Justice in Libya, LFJL site, it is no longer available.  Nor is it available on her iLawyer Blog where Ms. Alamuddin is a co-iLawyer with her fellow Doughty Street Chambers‘ member, John R.W.D. Jones.    John Jones is well known as Saif Gaddafi’s ICC lawyer.  

LINK:  Amal Alamuddin’s article about Saif and ICC

LINK: Barristers John Jones, Ben Emmerson, Amal Alamuddin  HERE, HERE & HERE.  

Ms. Alamuddin authored the article in February 2012 and then …”Considered a high-flier in the close-knit world of international lawyers, Alamuddin was hired for the case by Ben Emmerson QC.”

Her article is heavily slanted towards the ICC’s jurisdiction by being sarcastic and overwhelmingly negative for Libya’s right to retain and try Saif in Libya.  She argued that as the process has already begun, Libya’s ONLY option is to surrender Saif to the ICC.   Ms. Alamuddin DID mention that Libya has a legitimate option to end the ICC through the diplomatic channels, but only in her conclusion.   And Ms. Alamuddin went on to DISMISS Libya’s diplomatic right within a footnote.

We note that this simple, diplomatic option dismissed within Ms. Alamuddin’s footnote would END the international dimension of Saif Gaddafi’s case BEFORE the celebrity international lawyers got involved, BEFORE the ICC petitions started to flow, and BEFORE the human rights lawyers’ per-hourly-fees started to amass.

Actually, in direct contrast to Ms. Alamuddin’s assessment,  her colleague, a former legal advisor to the ICC prosecutor weighed in a few months earlier.   A notable international human rights lawyer himself, Dr. Payam Akhavan said that the International Criminal Court proceedings COULD BE CANCELLED through diplomatic channels.   That is through the United Nations’ Security Council.  We quote this former legal advisor to the prosecutor’s office of the International Criminal Court:

“One final point is that the Libyan case has been put before the Court by the Security Council referral and there is …huh… Libya has never signed the statute of the court, so the court only has jurisdiction because of the UN Security Council referral and the Security Council could decide to withdrawal that referral in deference to the Libyan government.   In which case, the ICC prosecutor would have no leg to stand on…”  

In other words, the Court has NO RIGHT to Saif or Abdulla Senussi if the Security Council withdraws that referral to the ICC, as it would thereby cancel the ICC proceedings.   The mechanism he refers to is Article 16 of the Rome Statue.  ROME STATUTE

Article 16 Deferral of Investigation or Prosecution:  No investigation or prosecution may be commenced or proceeded with under this Statute for a period of 12 months after the Security Council, in a resolution adopted under Chapter VII of the Charter of the United Nations, has requested the court to that effect, that request may be renewed by the Council under the same conditions.

The former legal advisor to the ICC’s prosecutor’s office gave this interview on CBC News the night that Saif was captured.  Dr. Payam Akhavan is a member of the team of human rights lawyers and ICC experts REPRESENTING Libya before the ICC in the case of Saif and Abdulla Senussi.  His opinion was given prior to representing Libya, in a  November 20, 2011 CBC televised interview.  CBC News is a division of Canadian Broadcasting Corporation.    See video & start at 3:27:  

ICC, Libyan Government at Odds over Saif al-Islam Trial

A 5 November 2015 Update from the Authors:

Is Legacy is a concern for those involved in Libya’s ICC Case?
This Canadian Broadcast Company video was removed after over 400 views worldwide and four years on Dailymotion. We, however, have a copy of the CBC video. As it is so important for the Libyan people to see and hear their hired legal representatives discuss their ICC case while representing them and BEFORE, we place a video link to our November 2011 CBC copy on our FACEBOOK site to maintain the integrity and continuity of the articles that contain reference to this video. Therefore, we maintain the articles as they were while adding our copy of the CBC interview.

The rest of the article…

We reiterate that in direct contradiction to Dr. Akhavan, Ms. Alamuddin dismissed Libya’s Diplomatic Option of Article 16 of the Rome Statue within a footnote.  See our copy of the presently-hard-to-locate PDF: Amal Alamuddin’s article about Saif and ICC . 

 

Doughty Street Chambers:  Amal Alamuddin and her co-counsel AND ALL their Libyan clients in the Libyan International Criminal Court case.   Is there a conflict of interest ?  Amal Alamuddin, John R.W.D. Jones  and Wayne Jordash are also co-iLawyers for the iLawyer blog.  These three lawyers simultaneously represents three DIFFERENT clients on BOTH sides of the Libyan ICC case.   Although on OPPOSITE sides in the dispute they are all members in the SAME law firm: Doughty Street Chambers.    Amal Alamuddin represents Abdulla Senussi, John R.W.D. Jones represents Saif Gaddafi and Wayne Jordash represents the Government of Libya.

Amal Alamuddin, John R.W.D. Jones and Wayne Jordash are co-iLawyers on the iLawyerblog. These three lawyers simultaneously represents three DIFFERENT clients on BOTH sides of the Libyan ICC case. Although on OPPOSITE sides in the dispute they are all members in the SAME law firm: Doughty Street Chambers. Amal Alamuddin represents Abdulla Senussi, John R.W.D. Jones represents Saif Gaddafi and Wayne Jordash represents the government of Libya.

Amal Alamuddin, John R.W.D. Jones and Wayne Jordash are co-iLawyers on the iLawyerblog. These three lawyers simultaneously represents three DIFFERENT clients on BOTH sides of the Libyan ICC case. Although on OPPOSITE sides in the dispute they are all members in the SAME law firm: Doughty Street Chambers. Amal Alamuddin represents Abdulla Senussi, John R.W.D. Jones represents Saif Gaddafi and Wayne Jordash Libya.  HERE

Interested in Libya’s ICC legal issues?   Please consult our other articles; the lawyers and law firms that represent them:

John Jones, Amal Alamuddin & Libya: A Financial Cache of Libya’s ICC Case.

George Clooney’s Friends-Amal Alamuddin, Samantha Power and R2P: Implications for Libya

Doughty Streets’ Amal Alamuddin, John Jones, and Wayne Jordash and ALL Their Libyan Clients

The ICC, Abdulla Senussi and the Elusive Truth

Amal Alamuddin: Dismissing Libya’s Legitimate Legal Right Since 2012.

 Matrix Chambers’ Conflict of Interest with Their Clients: Libya & Abdulla Senussi

An Open Letter to Abdel Hakim Belhadj

Parts of this op/ed article is reproduced in accordance with Section 107 of title 17 of the Copyright Law of the United States relating to fair-use and is for the purposes of criticism, comment, news reporting, teaching, scholarship, and research.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: