The Right of Individuals to take Judicial Action Against International Persons:  The Case of NATO’s Intervention in Libya

Mohamad Ghazi Janaby; Khaled Ramadan Bashir

doi:10.7574/cjicl.01.03.61

The Right of Individuals to take Judicial Action Against International Persons: The Case of NATO’s Intervention in Libya

Mohamad Ghazi Janaby
, Khaled Ramadan Bashir

Research output: Contribution to journal › Article › peer-review

2 Citations (Scopus)

15 Downloads (Pure)

Abstract

Traditionally, individuals could bring their claims to international court(s) against international persons through their states representing them before courts by way of `diplomatic protection'. What then are the legal solutions if the state is unable or unwilling to pursue the case on behalf of the individual? Where can an individual seek justice if an international person caused the damage?
This article focuses on the right of individuals to make claims against international persons. Crimes allegedly committed by NATO and other states forces' during the war in Libya will be taken as a practical example for this study. The article will analyse the right of Libyan victims harmed by these actors' bombardment to take legal action within or outside Libya; whether such action be civil, criminal or both

Original language	English
Pages (from-to)	162–182
Number of pages	21
Journal	Cambridge Journal of International and Comparative Law
Volume	1
Issue number	3
DOIs	https://doi.org/10.7574/cjicl.01.03.61
Publication status	Published - 1 Jan 2012

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

SDG 16 Peace, Justice and Strong Institutions

Keywords

war crimes
human rights law
crimes against humanity
Libya
NATO intervention
responsibility of international organisations
individual criminal responsibility
universal jurisdiction
diplomatic protection
state responsibility
international criminal court
complementarity

Access to Document

10.7574/cjicl.01.03.61Licence: CC BY-NC-ND

The Right of Individuals to Take Judicial Action Against International Persons: The Case of NATO's Intervention in Libya
Copyright © the Author(s). This work is licensed under a Creative Commons Attribution–NonCommercial–NoDerivs 3.0 License https://creativecommons.org/licenses/by-nc-nd/3.0/
Final published version, 195 KBLicence: CC BY-NC-ND

Cite this

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abstract = "Traditionally, individuals could bring their claims to international court(s) against international persons through their states representing them before courts by way of `diplomatic protection'. What then are the legal solutions if the state is unable or unwilling to pursue the case on behalf of the individual? Where can an individual seek justice if an international person caused the damage? This article focuses on the right of individuals to make claims against international persons. Crimes allegedly committed by NATO and other states forces' during the war in Libya will be taken as a practical example for this study. The article will analyse the right of Libyan victims harmed by these actors' bombardment to take legal action within or outside Libya; whether such action be civil, criminal or both",

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