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Addressing a conference in Brighton of ministers from the 47 member states of the Council of Europe, Sir Nicholas Bratza welcomed the fact that UK attempts to narrow the criteria for admissibility of cases had been deferred.
Alternatively, they can challenge the admissibility of the case before the ICC.
It may be no bad thing for the Libyans to formally challenge the admissibility of the case before the ICC.
In practice, this means that in order to challenge the admissibility of the case now, the Libyan authorities must already have a dossier on Saif's involvement in ordering attacks on civilians, including peaceful demonstrators in Tripoli, Benghazi and Misrata last year.
"It is clear that the ICC will not be in a position to render its decision on the admissibility of the case until after Mr Gaddafi has been tried, and potentially sentenced and executed," wrote Keita.
— anna holligan (@annaholligan) October 9, 2012 Lawyer representing #Libya Philippe Sands 'death penalty cannot be carried out before case considered by Supreme Court' #Gaddafi Gaddafi's lawyer Melinda Taylor, who was arrested in Libya in June along with three other ICC staff members, appeared at the public hearing on Libya's challenge to the admissibility of the case.
The government appealed to both the United Nations Security Council and the Court itself regarding the admissibility of the case.
In what one professor has called an "ironic inversion", the Prosecutor's office has argued that Libya is under no obligation to surrender Mr. Gaddafi, concurring with the Libyan government that Article 95 of the Rome Statute permits the suspect's surrender to be postponed while the Court decides on the admissibility of the case.
The Kenyan government had challenged the admissibility of the cases against the men, but this week judges backed an earlier decision rejecting the challenge, saying the government had not provided enough evidence to show the country was making its own investigations into the charges.
The Crown Prosecution Service says it found insufficient evidence to proceed on the Yemen allegations, and cites differing rules on admissibility of evidence.The case has implications for America's prosecution of terrorism, too.
Today, Judge Tu Pham will hear testimony for and against the inclusion of the fMRI evidence in what's known as a Daubert hearing, which takes its name from a 1995 Supreme Court case that established guidelines for the admissibility of expert testimony in federal cases.
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