Now Libya must show that it can hold fair trials

Despite external pressure, Qaddafi's former intelligence chief should be tired in a fair and transparent manner in his home country.

When Abdullah Senussi arrived back in Tripoli on Wednesday, his return marked a triumph for Libyan diplomacy. Now the world wants to see an equal success for Libyan justice.

As Muammar Qaddafi's longtime intelligence chief, Senussi was implicated in many of the worst outrages of the Qaddafi era, both at home and outside the country. When the regime fell he tried to slip into Mauritania. But his disguise and false passport did not fool officials there. He was arrested and had been in jail there until this week.

Naturally the new government in Libya called for his extradition for trial; any Libyan could quickly compile a long list of probable charges, starting with the 1996 massacre of over 1,000 inmates of Abu Salim prison.

But the International Criminal Court, based in the Netherlands, also claimed jurisdiction, a demand that some labelled neocolonial. This was a Libyan accused of committing crimes against Libyans in Libya; why should anyone outside the country be involved?

The only justifiable answer to that question would be that Libya could not give Senussi a fair trial. But in the 11 months since Qaddafi was executed, Libya has sent all the right signals: the dictator's hated son Saif Al Islam, for example, has been held safely since his capture last November, and is scheduled to go on trial this month for alleged crimes committed during the rebellion and civil war,

The new Libya wants to be better than the old one in many ways, and dispassionate, even-handed justice will be one essential improvement.

Vigilante "justice" is not justice. Libyans will be far better-served by fair, open trials for Saif and Senussi and others of the old-regime elite, than by summary executions.

Last month, Libya's National Transitional Council handed power to a new government; a cabinet could be named tomorrow. How it handles high-profile trials will be further tests of the government's maturity and sophistication.

As much as Senussi's return is a sign of faith in the new Libya, it is also a criticism of the ICC, which in a 10-year history has only one conviction to its credit, and is known for tedious procedural wrangles.

Trying these men in Libya is the right thing to do, but the new government will also be on trial: everyone in Libya, not just those in the dock, deserves an impartial justice system.