Libya cites example of Sudan’s Bashir to dismiss ICC warrant against Gaddafi
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May 16, 2011 (WASHINGTON) – The Libyan government downplayed the
significance of an announcement on Monday by the International
Criminal Court (ICC) prosecutor Luis Moreno-Ocampo that he is seeking
arrest warrant for Libyan leader Muammar Gaddafi, his son Saif
al-Islam and spy chief Abdullah al-Sanoosi.
JPEG - 33.9 kb
A combination of photos shows Saif al-Islam (L) during an interview
with Reuters in Tripoli March 10, 2011, and his father Libyan leader
Muammar Gaddafi in Damascus March 29, 2008 (Reuters)
Ocampo accused all three of being indirect co-perpetrators in
committing crimes against humanity during their crackdown on
protesters since the start of the uprising on February 17 against the
four-decades rule of Gaddafi. Thousands of people have reportedly been
killed in the violence and around 750,000 people forced to flee.
"The evidence shows that Muammar Gaddafi, personally, ordered attacks
on unarmed Libyan civilians. His forces attacked Libyan civilians in
their homes and in the public space, repressed demonstrations with
live ammunition, used heavy artillery against participants in funeral
processions, and placed snipers to kill those leaving mosques after
the prayers.," the prosecutor said.
Ocampo further alleged that Gaddafi "relies on his inner circle to
implement a systematic policy of suppressing any challenge to his
authority. His second eldest son, Saif Al Islam, is acting as a de
facto prime minister and Al-Sanousi, Gaddafi’s brother-in-law, is his
right-hand man and the Head of the Military Intelligence".
The pre-Trial Chamber I consisting of three judges will now have to
decide on the prosecutor’s request of charging the three men with two
counts of murder and persecution. They can approve, deny or request
further information on the application.
Ocampo appeared confident about the strength of his case and he has
hailed the "outstanding" cooperation he received from various states
and organizations to complete his investigation in such a short time
frame.
Last February, the United Nations Security Council (UNSC) unanimously
referred the situation in Libya to the ICC in a Chapter VII resolution
which makes Tripoli’s compliance mandatory as it is not a state party
to the court. Libyan permanent representatives to the UN who defected
from the regime had asked the council to refer the case.
"We have strong evidence, so strong evidence," Moreno-Ocampo said,
adding: "We are almost ready for trial ... Gaddafi ruled Libya through
fear and Libyans are losing that fear now."
On Sunday, the prosecutor’s office had received calls from senior
officials in the Gaddafi government in the past week to provide
information which was seen a sign that cracks are appearing within
regime’s inner circle.
British Foreign Secretary William Hague called on the international
community to "fully support" the ICC.
"I welcome this announcement. The human rights situation in western
Libya and the behaviour of the Gaddafi regime remains of grave
concern," Hague said.
The rebels too hailed the move by the ICC but said that Gaddafi ought
to be tried in Libya first.
"The National Transitional Council welcomes the decision of chief
prosecutor of the International Criminal Court, Luis Moreno-Ocampo, to
request an arrest warrant," the rebel administration’s vice president,
Abdel Hafez Ghoga, said.
"We would like him to be tried in Libya first before being put on
trial in an international court," he added.
The Libyan government however vowed to ignore the Hague tribunal.
“The ICC is not important for us. We are not part of the Rome statute.
We will not show any attention to the decision," Khalid Kaim, Libya’s
deputy foreign minister told The Telegraph.
“The practices of the ICC are questionable. It’s a baby of the
European union designed for [prosecuting] African leaders.”
An earlier case where the ICC did step in at the request of the UNSC
didn’t result in the desired arrest. Although Sudanese President Omer
Hassan al-Bashir has been indicted for crimes including genocide in
the Darfur region of Sudan, at least three countries that are ICC
members have let him visit without detaining him.
Kaim cited the continued liberty of Bashir, as an example of the ICC’s
"impotence", saying the veteran ruler was safe in Khartoum despite
claims that he had played a direct role in the genocide in Darfur.
Ironically it was Gaddafi who fiercely pressed the African Union (AU)
to grant Bashir immunity in the continent despite the arrest warrant.
However, the Sudanese leader in press statements following unrest in
Libya accused Gaddafi’s regime of destabilizing his country and
conspiring with Egypt to prevent peace in Darfur.
(ST)
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