International Criminal Court and the Identification of the Rule Concerning the Prohibition of Amnesty for Perpetrators of Crimes Against Humanity
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Abstract
On 5 April 2019, the ICC (Pre-Trial Chamber I) rejected the Admissibility Challenge presented by the Defence team of Mr Saif Al-Islam Gaddafi. Majority of judges was not satisfied, among other things, that the passing of Libyan Law No. 6 of 2015 rendered the case inadmissible before the Court. Indeed, they had considered that an international rule prohibits general amnesties in case of crimes against humanity. The aim of this paper is to analyze the methodology used by the ICC to identify this international and if the latter may be qualified as an international custom.
Keywords
- Crimes Against Humanity
- Ne Bis In Idem Principle
- Amnesty
- Pardon
- International Jurisprudence
- International Custom
