TRIPOLI -

The judgment in absentia issued by the Permanent Military Court in the city of Misurata to the execution of retired Major General Khalifa Haftar and 6 of his associates, depriving them of their permanent civil rights and expelling them from military service in the Libyan army increased the controversy over his eligibility to run for the Libyan presidential elections scheduled for the end of next month, which originally erupted due to accusations against him. Committing war crimes such as Saif al-Islam Gaddafi.

For its part, the Criminal Investigation Department of the Ministry of Interior of the Government of National Unity sent a letter to the High Elections Commission regarding Haftar, who is wanted by the Military Prosecutor, and the issuance of several arrest warrants and summonses in the cases attributed to him.

Earlier, the Military Prosecutor in Libya demanded the implementation of arrest warrants against Khalifa Haftar, against the background of 5 cases and his violation of the military law, calling on the Electoral Commission to stop his candidacy for the presidential elections, according to local media.


Final judgments

Member of the Supreme Council of State, Fathallah al-Sariri, believes that judgments in absentia - military or civilian - are final judgments that fall by the appearance of the convict before the court.

The law professor continued to Al Jazeera Net, "The death sentence drops the legal capacity, which is a condition for exercising any right or arranging an obligation, including running for elections or elections, and it entails, a fortiori, the denial of the exercise of civil and political rights."

Al-Sariri stated that a return to conflict is highly likely even without excluding Saif Gaddafi and Khalifa Haftar from the presidential elections or not winning the elections.

Various war crimes

International law professor Sami al-Atrash confirmed that Haftar is facing accusations of old and new war crimes in the war against Chad during the past years, which are supposed to exclude him from the presidential race.

Al-Atrash added, in his statement to Al-Jazeera Net, "With the issuance of the ruling against Haftar and his deprivation of his civil rights after this ruling, this can be used to appeal against his candidacy for the presidential elections, although the appeal procedures according to the President's Election Law have become complicated."

He believes that the need for the appeal procedure to be in the place of the challenged constitutes an obstacle, because you will not find a lawyer or a citizen who discredits Haftar who will accept the appeal procedure in Benghazi, which is absolutely controlled by Haftar with his militias.

Al-Atrash considered that "those who designed the flawed presidential election legislation had a premeditated intention to close all doors to the challengers of the controversial candidates who committed war crimes, such as Haftar."

He stated that this judgment in absentia against Haftar came late, as he did not precede the nomination process and the development of the president's election law, noting that the judgments in absentia are binding and authoritative in their provisions and their consequences.

Al-Atrash indicated that the head of state must meet the minimum health, legal, moral and social conditions to be inclusive of all citizens, committed to the law of the state and not transgressing it by committing war crimes.

Libyan analyst: The court issued the ruling to use it against Haftar before closing the door for appeals in the nomination for the elections (Reuters)

Judicial confusion

Political analyst Abdullah Al-Kabeer believes that the state of confusion in the list of appeals, then amending it, and then retracting the amendment without clarifying the reasons from the Supreme Judicial Council weakens the judicial side in the electoral process.

He continued to Al Jazeera Net, "These amendments raise from time to time doubts about the effectiveness and impartiality of the judicial institution and its ability to keep pace with the electoral process."

Al-Kabeer considered that the issuance of the death sentence in absentia against Haftar after he submitted to the elections indicates that Haftar was not excluded in accordance with previous rulings issued against him, in addition to clear legal provisions that prevent him as a soldier from practicing political work.

Al-Kabir stated that the Permanent Military Court issued this ruling to be used against Haftar's candidacy before closing the door for appeals against candidates for the presidential elections.

He explained, "If Haftar's appeals are not eliminated, the strong front that rejects him in the Libyan west appears cohesive and will not retreat. If he is excluded, he will not allow elections to be held in his areas of control. Haftar will underestimate the rule, as usual, and will consider it based on political motives."

Al-Kabeer believes that excluding Saif Gaddafi from the electoral race will not affect the electoral process much, while the dilemma remains with Haftar, who, if he continues in the electoral race or is expelled, will work to blow up the elections.