Prosecutor (on the application of Victims) v Gaddafi (Saif Al-Islam) and Libya (intervening), Decision on the non-compliance by Libya with requests for cooperation by the Court and referring the matter to the United Nations Security Council, Case no ICC-01/11-01/11-577, ICC-01/11-01/11-577, ICL 1693 (ICC 2014), 10th December 2014, International Criminal Court [ICC]; Pre Trial Chamber I [ICC]
Whether a non-state party to the Rome Statute of the International Criminal Court (‘Rome Statute’) was under an obligation to comply with the Court’s requests for cooperation.
Whether a state had fulfilled the Court’s requests to (a) surrender a defendant to the Court, and to (b) return to his/or her Defence the originals of the documents that were seized from his/or her former counsel by the national authorities and destroy any copies thereof.
Whether the Pre-Trial Chamber could make a finding of non- compliance with the Court’s requests and refer a matter to the United Nations Security Council pursuant to Article 87(7) of the Rome Statute.
Whether, prior to the Pre-Trial Chamber resorting Article 87(7) of the Rome Statute, any conditions ought to have been met by the non-state party.
Whether, in the instant case, resorting to Article 87(7) of the Rome Statute was an appropriate measure.