[Deathpenalty] death penalty news----TEXAS

2013-10-03 Thread Rick Halperin





Oct. 3



TEXAS:

This Texas County Kills More People Than Any Other County In America


Since 1976, Harris County, Texas has executed more criminals than any other 
U.S. county, according to a study from the Death Penalty Information 
Center(DPIC). The county includes Houston, Texas' largest city.


The results show that more than 1/2 of America's executions since 1976 come 
from only 2% of its counties. And Harris County tops the list. Los Angeles 
leads the U.S. in putting people on death row - but it hasn't killed as many 
criminals as Harris County.


Within the top 1%, 15 counties comprise 30% of nationwide executions. Harris 
County killed more inmates than any other county in that group. It has executed 
115 people since 1976. The next-highest, Dallas County, executed just 50 people 
in that period.


Harris County has been sharply criticised for the way it handles death penalty 
cases.


A 2011 study about race and the death penalty from the Houston Chronicle found 
that of the last 13 men sentenced to die in Harris County, 12 were black. The 
lone, white male requested a death sentence after strangling and torturing 4 
women and girls and raping 3 of them.


Texas executes the most criminals of any state. More than 1/3 of Texas??? 305 
death row inmates - and 1/2 of the 121 black death row inmates - came from 
Harris County, according to the same study.


A more recent analysis from Raymond Paternoster, a criminologist at the 
University of Maryland, found the district attorney in Harris County more than 
3 times as likely to pursue the death penalty for black criminals.


Duane Buck, accused of a double murder in 1997, is often cited as an example of 
bias against black defendants in Texas. The court allowed a psychologist to 
classify Buck as more dangerous and more likely to re-offend simply because of 
his race, according to the Texas Observer.


Brent Newton, a professor at the University of Houston Law Center, wrote a 
frequently cited article in the 90s that tried to explain why Texas executes so 
many people, according to Frontline. For one thing, Texas appeals court judges 
are elected, and they have to appear tough on crime for successful re-election. 
And up until about 2001 Texas didn't have a public defender system for poor 
defendants and instead relied on outsourced lawyers who weren't necessarily 
familiar with capital cases.


Mistakes have definitely been made in Texas' death penalty cases. The top 2% of 
counties for executions also constitute 52% of the death penalty reversals 
since 1976, according to DPIC.


(source: Business Insider)

***

Texas experimenting with secret execution drugs -lawsuit


3 Texas death row inmates claim the state plans to execute them by 
experimenting with new drugs, never used for such a purpose, that were obtained 
under false pretenses, attorneys told Reuters on Wednesday.


Texas is turning to the new execution drugs in a desperate attempt to keep the 
United States' most active execution chamber operating despite dwindling 
supplies of the drug traditionally used for lethal injections, a lawsuit filed 
by the inmates says.


The inmates, one of whom is scheduled for execution on Oct. 9, allege the Texas 
Department of Criminal Justice used the address of a hospital unit shuttered 3 
decades ago in order to obtain the 3 new drugs.


They say the drugs - propofol, midzolam and hydromorphone - would likely not 
have been supplied if the manufacturers knew the purpose they would be used 
for, according to a lawsuit filed this Tuesday in federal court in Houston.


Texas prison officials declined to comment on the allegations made in the 
lawsuit.


They said Wednesday that they have enough pentobarbital, the barbiturate used 
in Texas executions since 2012, to last them until at least next year. The 
state recently received a fresh supply of the drug from a Texas compounding 
pharmacy, after warning in August that their supplies were nearly exhausted.


The purchase will allow the agency to carry out all currently scheduled 
executions, state officials said in a statement.


Texas has 7 executions scheduled, including two in October. The state has 
executed 13 inmates so far this year.


Among the inmates suing the state is Michael Yowell, set to die Oct. 9 for 
killing his parents and blowing up their home in Lubbock, Texas, in 1998.


The lawsuit alleges that because of a shortage of drugs traditionally used in 
executions, Texas correction officials are turning to drugs and methods of 
execution that have never been used before, by any state. Some are banned for 
use in animal euthanasia, and run a substantial risk of grave pain, the suit 
claims.


We are concerned that they are experimenting on people, Austin attorney 
Maurie Levin, one of the lawyers representing the inmates, told Reuters on 
Wednesday.


The lawsuit says Texas is trying to hide from the public its plans to use new 
drugs for executions. It asks the 

[Deathpenalty] death penalty news----PENN., N.C., FLA., ALA., MISS., OHIO

2013-10-03 Thread Rick Halperin





Oct. 3



PENNSYLVANIA:

District attorney seeking death penalty for 2 men charged in slaying of man 
near Pa. party bus



The district attorney will seek the death penalty against 2 men charged in the 
shooting death of a man pulled off a western Pennsylvania party bus.


Attorneys for 22-year-old Michael Lyons and 21-year-old James Isham Lawrence 
did not immediately return calls on the announcement Thursday by Allegheny 
County District Attorney Stephen Zappala Jr.


21-year-old Steven Lee Jr. of McKees Rocks, was shot multiple times after he 
was pulled from the bus outside a Pittsburgh bar on March 30.


Zappala previously announced he was also pursuing the death penalty against 
Lawrence in the Feb. 13 slaying of 28-year-old Tiona Jackson, also outside a 
Pittsburgh bar.


Federal marshals say Lawrence was wearing a bulletproof vest and had a 
camouflage mask and a pair of black gloves when he was arrested in August.


**

Defense seeks mental evaluation of 1 of 2 men charged in slaying of woman found 
in Pa. river



The attorney representing 1 of 2 men charged in the strangulation death of a 
woman whose body was found in a western Pennsylvania river wants his client 
examined to determine whether he's competent to stand trial.


24-year-old Paul Bannasch of Hopwood and 24-year-old Craig Rugg of 
Connellsville are charged in the death of 52-year-old Margaret Kriek of 
Connellsville. Prosecutors have said they plan to seek the death penalty 
against both men.


The (Uniontown) Herald Standard (http://bit.ly/174woCw ) says Fayette County 
public defender Jeffrey Whiteko filed a request Wednesday seeking a mental 
evaluation of Bannasch.


Police allege that Rugg told them they killed Kriek shortly after she left a 
Connellsville bar with them in June because she changed her mind about having 
sex with them. Both defendants have pleaded not guilty.


(source for both: Associated Press)



Jimmy Dennis and Pennsylvania's Grave Miscarriage of Justice


Jimmy Dennis has been on Pennsylvania's death row for 2 decades, and a federal 
judge calls it a grave miscarriage of justice by the Commonwealth.


Dennis was convicted of murder for the October 1991 fatal shooting of Chedell 
Ray Williams, 17, a student at Olney High School, at a SEPTA stop over a pair 
of $450 earrings. He was sent to death row in 1992.


Granting Dennis' habeas petition, Judge Anita Brody threw out his conviction 
and death sentence, and ordered the state to retry him within 180 days or set 
him free.


In a scathing and damning 46-page opinion, the judge concluded that Dennis was 
wrongfully convicted of murder and sentenced to die for a crime in all 
probability he did not commit. Brody noted that Dennis had no criminal 
history, other than a single conviction for possession of a controlled 
substance.


His defense counsel provided a paltry defense, and didn't interview a single 
eyewitness -- including a witness who pointed the finger at Dennis, and whose 
felony assault charges against his pregnant girlfriend in another case were 
miraculously dropped. And a girl who was with the victim said she knew the 
killers and their nicknames.


The prosecution failed to disclose evidence pointing to his innocence, 
including statements implicating three other men in the murder, and evidence 
undermining the reliability of the police investigation.


Dennis' conviction was based solely on shaky eyewitness identifications from 
three witnesses, the testimony of another man who said he saw Dennis with a gun 
the night of the murder, and a description of clothing seized from the house of 
Dennis' father that the police subsequently lost before police photographed or 
catalogued it, the judge said.


According to Judge Brody, the prosecution of Jimmy Dennis was based on scant 
evidence at best. As a result, the Commonwealth covered up evidence that 
pointed to someone other than Dennis. It ignored Dennis' own explanation for 
where he was at the time of the murder. ... It allowed a witness who saw Dennis 
on that bus to give incorrect testimony about what time that interaction 
occurred. Police never recovered a weapon, never found the car that witnesses 
described, and never found the 2 accomplices, she added.


The jury deliberated fewer than 5 hours, with only over 3 hours for the 
presentation of evidence in the penalty phase of the trial.


Philadelphia District Attorney Seth Williams, who has not decided whether he 
will appeal, said he was disappointed in Judge Brody's acceptance of slanted 
factual allegations and a newly concocted alibi defense.


Death row exonerations are far more common than one would think. Jimmy Dennis 
would become the 143rd innocent person in the U.S. released from death row 
since 1973, and the 7th in Pennsylvania. With 1,348 people executed since the 
death penalty was reinstated in 1976, 1 innocent person has been freed for 
every 9 that have been 

[Deathpenalty] death penalty news----TENN., OKLA., MO., NEB., COLO., N.MEX., NEV., CALIF.

2013-10-03 Thread Rick Halperin




Oct. 3


TENNESSEE:

DA to seek death penalty in slayings of 4 during botched pot sale


Prosecutors will seek the death penalty for the man accused of killing 4 people 
in an alleged robbery during a botched pot sale on Renegade Mountain in 
Cumberland County.


Jacob Allen Bennett, 26, of Crab Orchard, Tenn., appeared briefly Thursday 
morning before Criminal Court Judge David Patterson. His attorney, Robert 
Marlow, entered a not guilty plea on his behalf to 4 counts of premeditated 
murder, 4 counts of felony murder and 2 counts of attempted aggravated robbery.


At his 1st court appearance, Bennett had sought to confess and plead guilty.

Assistant District Attorney General Randy York said the case meets the criteria 
for a capital crime.


The state is prepared to move forward, he said.

Bennett and his girlfriend, Brittany Lina Yvonn Moser, were indicted last month 
in the killings.The victims were found Sept. 12 in a car on Renegade Mountain.


Moser, 25, of Dayton, Tenn., faces 4 counts of felony murder and 2 counts of 
attempted aggravated robbery. Authorities allege that she was with Bennett at 
the time of the killings.


Prosecutors won't seek death for Moser, York said.

The judge set the next hearing in the case for Nov. 18.

Bennett was paroled in March from prison on charges that included vehicle 
theft. His criminal record dates to age 12 in Florida.


Shot while seated inside a Dodge Neon parked on a gravel road off Renegade 
Mountain Parkway were Danielle Rikki Jacobsen, 22; her nephew Domonic Davis, 
17; Steven Presley, 17; and 16-year-old John Lajeunesse, all of Cumberland 
County.


All of the victims had been shot in their upper bodies, and all had been shot 
in the head or face as they sat in the car. Jacobsen was behind the wheel.


The back window behind the driver had been shot out.

An estimated quarter-pound of marijuana was recovered from the vehicle.

Officials think a pot buy was previously arranged and Bennett - accompanied by 
Moser - drove his 2002 Ford Explorer to rendezvous with Jacobsen and the teens.


Bennett had on occasion stayed with his grandparents Gary and Jeanne Haiser at 
their residence atop Renegade Mountain, which rises 1,000 feet off the 
Cumberland Plateau and has seen decades of failed efforts to develop it into a 
resort community.


Something went wrong during the attempted drug buy on the unnamed road leading 
into a 100-acre undeveloped area called Eagles Nest, less than 1/3 of the way 
up Renegade Mountain Parkway, officials said.


Investigators believe the shootings occurred either late Sept. 11 or early 
Sept. 12. The bodies were found at 7 a.m. Sept. 12.


After the shootings, Bennett drove to Chattanooga and left his vehicle there, 
authorities said.


A .40-caliber Glock handgun - the suspected murder weapon - was later found in 
Moser's vehicle at her house in Dayton.


That model handgun can hold 15 rounds, with 1 in the chamber.

(source: Knoxville News Sentinel)

***

State seeks death penalty for Cumberland County quadruple murder suspect


Attorneys are seeking the death penalty for the man arrested last month in the 
murders of 4 people found shot to death in a car in Renegade Mountain.


At a court hearing Thursday morning, district attorneys announced their 
intention to seek the death penalty for Jacob Allen Bennett, 26.


Bennett pleaded not guilty and requested a court-appointed attorney. He 
initially refused a court-appointed attorney at a hearing in September.


Bennett is charged with 4 counts of 1st degree murder, 4 counts of felony 
murder, and 2 counts of attempted armed robbery.


His girlfriend, Brittany Lina Yvonn Moser, 25, of Dayton, Tenn. was also 
indicted on the felony murder and attempted armed robbery charges.


Both suspects are being held in the Cumberland County Jail without bond.

The victims, Rikki Jacobsen, Steven Presley, Domonic Davis and John Lajeunesse, 
were found shot to death last week in a car in Renegade Mountain.


(source: WATE news)






OKLAHOMA:

Anti-death penalty group to tour Okla. death row


A group working to end the death penalty in Oklahoma has been granted 
permission to tour death row at the Oklahoma State Penitentiary in McAlester, 
including the execution chamber and the prison graveyard.


The Oklahoma Coalition to Abolish the Death Penalty announced on Wednesday that 
the group had been granted permission for the tour by the Department of 
Corrections.


Coalition officials say the Oct. 9 tour is the result of discussions with Gov. 
Mary Fallin about the possibility of a study on the costs and use of the death 
penalty in Oklahoma.


Prison records show there currently are 51 prisoners facing the death penalty 
housed on OSP's death row. The lone woman facing execution in Oklahoma, Brenda 
Andrew, is housed at the Mabel Bassett Correctional Center in McLoud.


*

Okla. Sen. Connie Johnson to join death penalty opponents in tour of state 

[Deathpenalty] death penalty news----USA

2013-10-03 Thread Rick Halperin






Oct. 3



USA:

The Cost of Death Sentences: $25 Billion, Much of it Paid by Virginians, Study 
Says; Study estimates cost of each execution at more than $20 million.



Prince William and Fairfax counties are among the 62 jurisdictions that have 
prosecuted the most criminals executed in the United States since the 
reinstatement of capital punishment, according to a study released Tuesday, and 
Virginia taxpayers have paid a substantial portion of the $25 billion spent on 
death sentences.


The report from the Death Penalty Information Center found that the 2 counties 
were among the 2% of counties in the United States that were responsible for a 
majority of the 1,320 executions from 1976 to 2012.


The U.S. Supreme Court reinstated the death penalty in 1976.

Prince William had nine death-row inmates who were executed and Fairfax County 
had 5.


The report showed that geography, rather than the nature of a crime, was the 
biggest factor in who was executed and who was not.


There's an arbitrariness to the death penalty, Richard Dieter, the Death 
Penalty Information Center's executive director, told The Washington Post. 
Most of the counties in Virginia have never had an execution in this modern 
era.


Among those executed in Prince William County: John Allen Muhammad, part of the 
sniper team that shot 10 people in the Washington area in 2002. He was executed 
in 2009.


The study cited the cost of each death sentence at $3 million and the cost of 
each execution at more than $20 million.


With more than 8,300 death sentences in the United State since 1976, the total 
cost of the cases was about $25 billion, the study found, adding that the costs 
are not limited to the counties involved but hit state and federal budgets.


(source: Ashburn Patch)



Study: Very small number of counties responsible for most executions


Only 2 % of the counties in the U.S. have executed the majority of death row 
inmates since 1976, a new study finds.


This disparate use of capital punishment puts a large financial burden on the 
overwhelming majority of jurisdictions that do not kill inmates, because the 
process of convicting, housing and ultimately putting to death convicts is 
incredibly expensive, more so than simply locking them up for life, according 
to the study from the Death Penalty Information Center.


In addition to those inmates put to death, the study states that only 2 % of 
the counties are responsible for the majority of today's death row population 
and recent death sentences. To put it another way, all of the state executions 
since the death penalty was reinstated stem from cases in just 15 % of the 
counties in the U.S. All of the 3,125 inmates on death row as of January 1, 
2013 came from just 20 % of the counties.


The study singled out Maricopa County, the area around Phoenix infamously 
policed by Sheriff Joe Arpaio. That 1 county has 4 times the number of pending 
death penalty cases per capita as both Los Angeles and Houston.


The study also pointed out that Philadelphia County in Pennsylvania ranks the 
lowest in the state in paying attorneys representing death row inmates, and it 
also has the 3rd-largest number of inmates on death row in the country.


According to the study's authors, the report is intended to point out that 
seeking and following through on the death penalty is largely the work of a few 
driven prosecutors and district attorneys, often at great cost that they only 
bear a small part of.


(source: CBS News)

***

Dzhokar Tsaernaev Death Penalty Could Be in Eric Holder's Hands


The decision of whether to seek the death penalty for Boston Marathon bomber 
Dzhokhar Tsarnaev is in the hands of Attorney General Eric Holder, who likely 
will decide shortly after the prosecutors make their recommendation to him by 
October 31. Despite the horrendous nature of the crime of which Tsarnaev is 
accused and will probably be convicted of, Holder should take a stand and make 
an example of Tsarnaev by not seeking the death penalty.


Of course, it will not be an easy decision for the attorney general. The crimes 
of detonating a homemade bomb in a public space packed with civilians, and then 
of killing a pursuing police officer and wounding others, certainly deserve no 
sympathy. Indeed, punishment to the fullest extent of the law is justified, if 
not prudent. The usual supporting arguments will be made: How can we justify 
spending $33,930.00 per year keeping a domestic terrorist in prison? Why should 
we show him such civility when all he showed this country was brutality? 
Doesn't he deserve to pay for what he did?


However, more is at stake than simple retribution. The United States has been 
deservedly criticized for its increasingly selective application of the law to 
terrorists. For example, American citizens accused of terrorist activities 
abroad can be killed without a trial. So-called enemy combatants 

[Deathpenalty] death penalty news----worldwide

2013-10-03 Thread Rick Halperin






Oct. 3



BANGLADESH:

Amnesty wants death verdicts overturned


The Amnesty International has called to overturn all the war crimes death 
sentences, including the one awarded to BNP leader Salauddin Quader Chowdhury.


The human rights organization made the call on Wednesday a day after the 
International Crimes Tribunal-1 sentenced to death BNP Standing Committee 
member for his crimes against humanity during the 1971 liberation war.


In a statement Amnesty International's Bangladesh researcher Abbas Faiz said, 
The many victims of horrific abuses during Bangladesh's war of independence 
and their families have long deserved justice but the death penalty is not the 
answer. One human rights abuse cannot make amends for another.


Bangladesh must overturn the death sentence against Salahuddin Quader 
Chowdhury and all others. The death penalty is the ultimate, cruel and inhuman 
punishment and can never be a way to deliver justice, said Abbas Faiz.


The death sentence to a Bangladeshi MP convicted of crimes against humanity is 
not the way to deliver justice to the many victims of the country's war of 
independence, Amnesty International says.


Salauddin Quader, a 6-time MP, was found guilty of crimes including genocide 
and torture committed during Bangladesh's War of Independence in 1971.


His family said that he would appeal against the sentence.

We urge the Bangladeshi government to ensure that Chowdhury's appeal complies 
with international law and standards relating to fair trials, and without 
recourse to the death penalty, said Abbas Faiz.


The Bangladeshi authorities must also impose a moratorium on executions as a 
first step towards abolishing the death penalty.


In its statement, Amnesty International has said it opposes the death penalty 
in all cases without exception, regardless of the nature or circumstances of 
the crime; guilt, innocence or other characteristics of the individual; or the 
method used by the state to carry out the execution.


Sheikh Hasina led government set up the ICT in 2010 under national law to try 
crimes against humanity, war crimes and genocide committed during Bangladesh's 
war of independence.


The ICT has so far convicted 7 people. Of them, 5 have been sentenced to death. 
They can now appeal to the Supreme Court.


These 5 include Salauddin Quader and 4 members of the opposition 
Jamaat-e-Islami.


The 2 others were sentenced to imprisonment. But one of them, Abdul Quader 
Mollah, has since had his sentence increased to death by the Supreme Court, 
following an appeal by the government. He cannot appeal this death sentence 
because there is no higher court to hear it.


(source: bdnews24)






AFGHANISTAN:

Soldier killings suspect faces death penalty


Afghanistan's ambassador has vowed that the alleged turncoat killer of t3 
Australian soldiers will face the full force of the law, including a possible 
death sentence, if found guilty.


Ambassdor Nasir Ahmad Andisha spoke after it emerged that former Afghan 
National Army sergeant, Hekmatullah, had been arrested in Pakistan in February 
and transferred to Afghan custody on Tuesday night.


[The Australians] were there to support the people and the government of 
Afghanistan, so we have no doubt that this sergeant Hekmatullah will get the 
maximum punishment if he is found guilty under Afghan law. We have the death 
penalty as the maximum punishment.


Australian defence and spy agencies hunted the alleged rogue soldier - who 
gunned down the 3 Australian soldiers in a so-called green on blue attack 
last year - after he fled across the border into Pakistan.


Working with Afghan intelligence, they apparently tracked phone data connected 
to Hekmatullah and provided information to Pakistan's Inter-Services 
Intelligence agency, which made the arrest in February.


But this was followed by months of delicate negotiations amid apparent 
political sensitivities between Pakistan and Afghanistan. Relations between 
Afghanistan and Pakistan are plagued by mistrust, particularly over how to deal 
with the Taliban.


The Chief of the Australian Defence Force, David Hurley, said the capture of 
the suspect in the cowardly attack drew a line under green-on-blue attacks, 
with all 4 suspects in attacks against Australians now either dead or captured.


Sapper James Martin, pictured top, Private Robert Poate, centre, and Lance 
Corporal Stjepan Rick Milosevic were killed when Hekmatullah opened fire with 
a machine gun while they were relaxing at patrol base Wahab in the Baluchi 
Valley of Oruzgan province on the evening of August 29, 2012.


2 other Australians were wounded, along with several Afghans.

He is understood to have fled to the Pakistan city of Quetta. Mr Andisha said 
he believed Hekmatullah was arrested in the Quetta region.


I'm sure it was the result of both signals and human intelligence, he said.

General Hurley said it was a co-operative activity between us and the 
Pakistani 

[Deathpenalty] death penalty news----worldwide

2013-10-03 Thread Rick Halperin





Oct. 3



PAKISTAN:

Pakistan, with thousands on death row, rules against death penalty


Pakistan has scrapped plans to reinstate the death penalty, the government said 
on Thursday, following threats by Taliban militants to step up attacks in 
retaliation.


A 2008 moratorium on capital punishment imposed by Pakistan's previous 
government expired on June 30 and the country had been due to execute 2 jailed 
militants in August - a plan described by the Pakistani Taliban as an act of 
war.


Pakistan has decided to continue with the moratorium on capital punishment 
since the government is aware of its international commitments and is following 
them, Omar Hamid Khan, an interior ministry spokesman, said.


The new government of Prime Minister Nawaz Sharif originally said it wanted to 
reinstate the death penalty in a bid to crack down on criminals and Islamist 
militants in a move strongly criticized by international human rights groups.


Up to 8,000 people languish on death row in dozens of Pakistan's overcrowded 
and violent jails.


Pakistan's moratorium drew praise because of concerns its courts and police 
were too inept to ensure the accused a fair trial. Pakistan did, however, break 
its own rules in 2012 when it executed a convicted murderer and a former army 
serviceman.


(source: Reuters)






LIBYA:

Libya's Home Court Advantage---Why The ICC Should Drop Its Qaddafi Case


Maybe Saif al-Islam al-Qaddafi, the son of the Libyan dictator Muammar 
al-Qaddafi, will go on trial soon, as Libya's government has repeatedly 
promised. Then again, maybe not: This past week, the militia holding al-Islam 
refused to hand him over to the courts in Tripoli.


Legal justice is hardly assured in Libya these days, although the other, 
rougher kind sometimes is: Al-Islam's lawyers have warned that their client 
faces the death penalty or a lynch mob, with no due process either way. That is 
why they support the recent decision by the International Criminal Court (ICC) 
to continue its own case against him. And that is also why, despite protests 
from Libya, the Hague Court's decision might seem welcome, offering the chance 
of a real trial in a real court with a full range of procedural protections.


But it's not, and the reasons why should instruct us in the dangers of 
judicializing global politics, particularly for states and societies at risk.


Saif al-Islam, who spearheaded the violent resistance to revolution in 2011, 
was indicted after the UN Security Council referred his case to the ICC in the 
midst of the fighting that toppled his father's regime. He was captured by a 
militia based in the Libyan city of Zintan, where he has been held ever since, 
beyond the reach of the Libyan state and The Hague. (He recently appeared 
before a Zintan court on unrelated charges, but that case was adjourned until 
December.)


The court's reasons for keeping the case are an exercise in abstract 
internationalism: justice for The Hague's sake.


The basis for the ICC's decision to continue with its own case was Libya's 
inability to try al-Islam. To be sure, the Libyan courts' lack of capacity is 
undeniable - they almost surely meet the Hague Court's standard requiring a 
total or substantial collapse or unavailability of [the] national judicial 
system for a case to be admissible.


But is incapacity a good enough reason to take over Libya's case against 
al-Islam? Asking if al-Islam's case meets the technical requirements of ICC 
jurisdiction misses the point. If the country's legal system is so troubled -- 
and it is -- then the world should direct its attention to fixing Libya's 
courtrooms, prisons, and police stations, rather than look to a trial in The 
Hague that does nothing to address Libya's deeper problems.


WILLING EXECUTIONERS

It is worth considering the court's reasons for keeping the case. They are an 
exercise in abstract internationalism: justice for The Hague's sake.


Much of the ICC's recent 91-page decision is dedicated to considering whether 
Libya's case against al-Islam is substantially the same as the ICC's. The ICC 
has complementary jurisdiction, which means it can step in only if a state is 
unable or unwilling to try someone. But once a case enters the ICC system, the 
court raises the bar. It essentially says to countries like Libya, We now have 
a case, so if you want to take it back, yours must be substantially the same.


This is doctrine read through the looking glass. Lost in tests of similarity is 
the obvious proposition that the ICC was originally supposed to be a backstop 
for failed, fake, or nonexistent prosecutions. It is the ICC that needs to 
demonstrate the necessity of its interventions, not the other way around. But 
that is not how institutions reason once they have a case on the docket and the 
bit in their mouths.


The Libyan case differs for good reason: The ICC???s charges cover only a 
limited range of war crimes and crimes against humanity committed