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Libya: ICC Prosecutor to Brief UNSC on Investigation; Latest Statements and News

28 Apr 2011

Dear all,

Please find below information about recent developments related to the
International Criminal Court's investigation in Libya.

On 4 May 2011, the Prosecutor of the International Criminal Court (ICC) Luis
Moreno-Ocampo will report to the United Nations Security Council on progress
made in his investigation regarding the situation in Libya. On 3 March 2011, the
prosecutor opened a formal investigation into the situation in Libya, following
a preliminary examination of available information. The prosecutor's
announcement came after United Nations Security Council Resolution 1970 (2011),
adopted on 26 February 2011, referring the situation to his office.

This message includes relevant media statements and documents (I) as well as
related news and opinions (II).

Please take note of the Coalition's policy on situations before the ICC (below),
which explicitly states that the CICC will not take a position on potential and
current situations before the Court or situations under analysis. The Coalition,
however, will continue to provide the most up-to-date information about the ICC.

With regards,

CICC Secretariat
www.coalitionfortheicc.org

*************************************

I. LATEST MEDIA STATEMENTS AND DOCUMENTS

A. ICC MEDIA STATEMENT

Note: This document has been produced by the ICC. The CICC Secretariat
distributes it as part of its mandate to keep member organizations and
individuals informed about developments related to the ICC. The document does
not reflect the views of the CICC as a whole or its individual members.

"ICC Prosecutor to brief UN Security Council on investigation in Libya: "the
protection of civilians will only come with the arrest of those most responsible
for the most serious crimes"", ICC-OTP Media Advisory, 28 April 2011,
http://www.icc-cpi.int/NR/exeres/E58D1288-F2D7-4929-9CF4-36495EA54AAE.htm

"From May 2 to 5, International Criminal Court (ICC) Prosecutor Luis
Moreno-Ocampo will be in New York. Pursuant to UN Security Council Resolution
1970, on 4 May the Prosecutor will report to the Council on progress made in the
investigations regarding the situation in Libya where he opened an investigation
into allegations of crimes against humanity and war crimes. The Prosecutor will
also update the Council on the Office's next steps including a possible request
to judges to issue arrest warrants against those who appear to bear the greatest
responsibility for crimes committed in Libya.

UN Security Council Resolution 1970, adopted on 26 February 2011 referred the
Libya situation to the ICC. The Resolution considered "that the widespread and
systematic attacks taking place in the Libyan Arab Jamahiriya against the
civilian population may amount to crimes against humanity."

The Office of the Prosecutor conducted a preliminary examination and concluded
that an investigation into the situation should be opened. The Office announced
the opening of the investigation in Libya on 3 March 2011. The first case under
investigation focuses on crimes against humanity committed against civilians
since 15 February 2011. Allegations of war crimes committed by different parties
will be further investigated. The Office will act with absolute impartiality.

The International Criminal Court is an independent, permanent court that
investigates and prosecutes persons accused of the most serious crimes of
international concern, namely genocide, crimes against humanity and war crimes."

B. COALITION MEMBERS DOCUMENTS

1. "Killing of captives points to war crimes by Libyan government forces,"
Amnesty International, Press release, 11 April 2011,
http://www.amnesty.org/en/news-and-updates/killing-captives-points-war-crimes-li
byan-government-forces-2011-04-11

"Amnesty International has today revealed fresh evidence of extrajudicial
executions apparently committed by Colonel Mu'ammar al-Gaddafi's forces near the
town of Ajdabiya in recent days....

"The deliberate killing of captured fighters is a war crime. All those
responsible for such crimes - those who ordered or sanctioned them as well as
those who carried them out - must be left in no doubt that they will be held
fully accountable," said Malcolm Smart....

'Colonel al-Gaddafi's forces have been repeatedly violating international law,
and these new killings seem to be the latest example. Perpetrators of such
abuses must be held to account by the International Criminal Court,' said
Malcolm Smart.

'Individual criminal responsibility applies to those involved in such crimes at
all levels of the chain of command, from the top military and political
leadership to the soldiers who fired the shots. Acting under orders of superiors
cannot be used as a defence by those who commit war crimes'.

In the course of its six-week investigation in eastern Libya, Amnesty
International has found strong evidence that Colonel al-Gaddafi's forces have
deliberately killed unarmed protesters, directly attacked civilian residents
fleeing the fighting, committed enforced disappearances and tortured detainees."

2. "Q & A on Laws of War Issues in Libya," HRW, 25 March 2011,
http://www.hrw.org/en/news/2011/03/25/q-laws-war-issues-libya

"...On February 26, 2011, the UN Security Council adopted Resolution 1970,
which referred the situation in Libya to the ICC, giving the court jurisdiction
to prosecute war crimes and crimes against humanity since February 15, 2011...."

C. COALITION QUOTED

1. "The Security Council Has At Last Lived Up To Its Duty," OP-Ed by Kenneth
Roth (HRW), Foreign Policy, 21 March 2011,
http://www.hrw.org/en/news/2011/03/18/security-council-has-last-lived-its-duty

"Just when the "responsibility to protect" doctrine seemed to have become
irretrievably tainted at the United Nations, the Security Council at last lived
up to its duty to prevent mass atrocities. For the second time in three weeks,
the council accomplished the politically impossible, first referring Libya to
the International Criminal Court, then, yesterday, authorizing military force to
protect civilians from Muammar al-Qaddafi's wrath....

The challenge now is not only to translate this remarkable Security Council
consensus into effective protection for Libyans. It is to extend the human
rights principles embraced for Libya to other people in need. The atrocities
unfolding in the Ivory Coast demand just as much attention. Other people of the
Middle East and North Africa are seeing their hopes for democracy quashed by
authoritarian leaders. The people of Burma and Sri Lanka have endured massive
war crimes with no justice. Can the Security Council respond to their plight as
well?...."

2. "Gaddafi troops targeting and killing civilians in Misrata siege: HRW,"
International Business Times, 11 April 2011,
http://www.ibtimes.com/articles/133000/20110411/libya-misrata-civilians.htm

"Human Rights Watch (HRW) has stated that soldiers loyal to Moammar Gaddafi are
targeting and killing civilians during the government's siege of the port city
of Misrata, in direct defiance of international laws....

HRW said it has conducted interviews with two doctors who are still tending to
the wounded in Misrata as well as 17 civilians who have been evacuated to
Benghazi from the Misrata, which has a population of about 300,000 and has
become cut off from the outside world.

'The Libyan government's near siege of Misrata has not prevented reports of
serious abuses getting out,' said Sarah Leah Whitson, Middle East and North
Africa director at Human Rights Watch. 'We've heard disturbing accounts of
shelling and shooting at a clinic and in populated areas, killing civilians
where no battle was raging.'....

'The Libyan government should allow safe passage for civilians who wish to leave
Misrata, including migrants,' said Whitson.

'It is crucial that regular humanitarian aid be delivered by land and sea to a
population in dire need.'"

II. RELATED NEWS AND OPINIONS

1. "Int'l court warns Gadhafi not to attack civilians," Mike Corder, AP, 21
March 2011,
http://www.sfexaminer.com/news/2011/03/intl-court-warns-gadhafi-not-attack-civil
ians#
2. "War crimes warning issued to Gadafy," Christopher Stephen, Irish Times,
21 March 2011,
http://www.irishtimes.com/newspaper/world/2011/0319/1224292607488.html
3. "Qaddafi and His Forces Warned on War Crimes," Marlise Simons, The New
York Times, 21 March 2011,
http://www.nytimes.com/2011/03/17/world/europe/19hague.html?_r=1
4. "ICC prosecutor warns Gaddafi not to attack civilians," Reuters, 21
March 2011,
http://www.reuters.com/article/2011/03/18/us-libya-icc-idUSTRE72H34Q20110318
5. "All despots should fear Gadhafi's fate," Daily Star, 21 March 2011,
http://www.dailystar.com.lb/article.asp?edition_id=10&categ_id=17&article_id=126
239#axzz1HFCLGXcg
6. "Gadhafi Must be Captured, Put on Trial, Says Opposition Leader," James
Butty, VOA News, 21 March 2011,
http://www.voanews.com/english/news/africa/Butty-Libya-Opposition-Crisis-Update-
Shalluf-21march11-118347044.html.
7. "International Criminal Court probes Libya shootings," Craig Woodhouse,
London Evening Standard, 22 March 2011,
http://www.thisislondon.co.uk/standard/article-23
934411-international-criminal-court-probes-libya-shootings.do
8. "Libya in 'crimes against humanity'," UK Press Association, 22 March
2011,
http://www.google.com/hostednews/ukpress/article/ALeqM5ggw3Kd75MV2BFkqaxYMsRpETu
AKg?docId=N0141981300781372820A
9. "Everything you ever wanted to know about the legality of the no-fly
zone and prosecuting Gadhafi for crimes against humanity," In the Arena, CNN, 22
March 2011,
http://inthearena.blogs.cnn.com/2011/03/21/everything-you-ever-wanted-to-know-ab
out-the-legality-of-the-no-fly-zone-and-prosecuting-gadhafi-for-crimes-against-h
umanity/
10. "Trials hope over demo attacks," Daily Record, 23 March 2011, no link
available
11. "Hague warns dictators: Your day is over" , The Daily Mail, 23 March
2011, no link available
12. "ICC prosecutor goes to Egypt for Libya talks-report," Reuters, 23 March
2011, http://af.reuters.com/article/libyaNews/idAFLDE72M1A820110323
13. "Chris Stephen: Why targeting Gaddafi could leave UK pilots facing war
crimes charges," Chris Stephen, New Scotsman, 23 March 2011,
http://news.scotsman.com/world/Chris-Stephen-Why-targeting-Gaddafi.6738789.jp
14. "Libya in crimes against humanity," Andrew Woodcock, MSN UK, 23 March
2011, http://news.uk.msn.com/world/articles.aspx?cp-documentid=156607525
15. "Gaddafi war crime charges 'certain'," UK Press Association, 24 March
2011,
http://www.google.com/hostednews/ukpress/article/ALeqM5g8UWF2njeK_1GvDjEPd1AKkaj
yDA?docId=N0202661300975327519A
16. "International court expects Libyan prosecution," Ben Hubbard, MSNBC/AP,
24 March 2011,
http://www.msnbc.msn.com/id/42248480/ns/world_news-mideastn_africa
17. "An Interview With U.N. Secretary General Ban Ki-moon," Raghida Dergham,
Huffington Post, 24 March 2011,
http://www.huffingtonpost.com/raghida-dergham/an-interview-with-un-secr_b_839733
.html
18. "ICC may open 2nd war crime case against Gaddafi," Ibon Villelabeitia,
Reuters, 25 March 2011,
http://af.reuters.com/article/topNews/idAFJOE72O04020110325
19. "Intl. Prosecutor Vows Gaddafi Regime Charges; Crimes Against Humanity
Certain," Int'l Business Times, 25 March 2011,
http://www.ibtimes.com/articles/126608/20110324/international-prosecutor-moreno-
ocampo-gaddafi-crimes-against-humanity.htm
20. "Analysis-Probing Libyan killings, ICC support at turning point," Aaron
Gray-Block, Reuters, 28 March 2011,
http://af.reuters.com/article/libyaNews/idAFLDE72R0XW20110328
21. "Libya suspects will face justice at ICC: U.S.," Aaron Gray-Block,
Reuters, 28 March 2011,
http://www.msnbc.msn.com/id/42277117/ns/world_news-africa
22. "Crimes against humanity charges certain in Libya, court spokesman
says," CNN, 28 March 2011,
http://news.blogs.cnn.com/2011/03/25/crimes-against-humanity-charges-certain-in-
libya-court-spokesman-says/
23. "ICC prosecutor certain of Gaddafi war crimes charges," Daniel Richey,
JURIST, 28 March 2011,
http://jurist.org/paperchase/2011/03/icc-prosecutor-certain-of-gaddafi-war-crime
s-charges.php
24. "Coalition Pilots Liable for War Crimes?", International War Crimes
Report, 28 March 2011,
http://internationalwarcrimesreport.wordpress.com/2011/03/23/coalition-pilots-li
able-for-war-crimes/
25. "Who Would Be Willing to Give Moammar Gadhafi Exile?", Lauren Frayer,
AOL News, 29 March 2011,
http://www.aolnews.com/2011/03/29/who-would-be-willing-to-give-moammar-gadhafi-e
xile/
26. "West weighs exile option for Gaddafi," The Australian, 29 March 2011,
http://www.theaustralian.com.au/west-weighs-exile-option-for-gaddafi/story-fn7yc
ml4-1226029877713
27. "Deal could see Gaddafi escape prosecution," Belfast Telegraph, 29 March
2011,
http://www.belfasttelegraph.co.uk/news/world-news/deal-could-see-gaddafi-escape-
prosecution-15129516.html
28. "Britain says Gaddafi must face court, won't rule out exile," AFP, 29
March 2011,
http://news.asiaone.com/News/AsiaOne+News/World/Story/A1Story20110329-270713.h
tml
29. "Muammar Gaddafi's exit hindered by UN resolution, law experts warn,"
Robert Booth, Guardian (UK), 29 March 2011,
http://www.guardian.co.uk/world/2011/mar/29/muammar-gaddafi-exit-un-resolution
30. "West willing to strike immunity deal with Gaddafi to end conflict,"
Oliver Wright, The Independent ( UK), 29 March 2011,
http://www.independent.co.uk/news/world/politics/west-willing-to-strike-immunity
-deal-with-gaddafi-to-end-conflict-2255919.html
31. "Reports: Qaddafi may get liability-free exile," CBS News World Watch,
29 March 2011,
http://www.cbsnews.com/8300-503543_162-503543.html?keyword=international+crimina
l+court
32. "World powers move towards Kadhafi exile plan," Danny Kemp, AFP, 30
March 2011,
http://news.yahoo.com/s/afp/20110329/wl_africa_afp/libyaconflictbritainconferenc
e
33. "Probing Libyan killings, ICC support at turning point," Aaron
Gray-Block, Reuters, 29 March 2011,
http://af.reuters.com/article/topNews/idAFJOE72R0H620110328
34. "UN resolution: Investigation makes it tough for leader to find 'legal'
exit route," Robert Booth, AFP, 30 March 2011
35. "Trial, not exile, for Kadhafi, rebels demand," AFP, 30 March 2011,
http://www.khaleejtimes.com/DisplayArticle09.asp?xfile=data/international/2011/M
arch/international_March1619.xml&section=international
36. "London Libya conference leaves Gaddafi's fate undecided," Patrick
Wintour, Guardian (UK), 30 March 2011,
http://www.guardian.co.uk/world/2011/mar/29/london-libya-conference-leaves-gadda
fi-fate-undecided
37. "Kadhafi exile 'the best option': analysts," AFP, 30 March 2011,
http://www.google.com/hostednews/afp/article/ALeqM5hkCqBBRHLMC21sEYz8NDczZdcNnQ?
docId=CNG.753ab0a4fe354b90b24a40ccfe558a03.501
38. "Gadhafi exile option poses many legal, political problems," Tim Lister
and Zain Verjee, CNN, 31 March 2011,
http://edition.cnn.com/2011/WORLD/africa/03/31/libya.end.game/#
39. "Uganda Says It Would Welcome Libya's Gadhafi," AP/NPR, 31 March 2011,
http://www.npr.org/templates/story/story.php?storyId=134977902
40. "The battle for Libya," Richard Allen Greene, The Economist, 1 April
2011, http://www.economist.com/node/18488264?story_id=18488264
41. "Gaddafi planned civilian killings: ICC," National Post, 5 April 2011,
http://www.nationalpost.com/news/world/Gaddafi+planned+civilian+killings/4561979
/story.html
42. "Gaddafi planned civilian killings, Hague court says," Angus McSwan,
Reuters, 5 April 2011,
http://af.reuters.com/article/libyaNews/idAFLDE7340IZ20110405
43. "Qaddafi planned to crush protests by killing civilians, says ICC," Arab
News, 6 April 2011, http://arabnews.com/middleeast/article345625.ece
44. "INTERVIEW-Security Council has political responsibility on Libya,"
Reuters, 6 April 2011,
http://af.reuters.com/article/libyaNews/idAFWEA279820110405?sp=true
45. "UN rights probe on Libya to begin field mission Sunday," AFP, Lebanon,
8 April 2011, http://www.nowlebanon.com/NewsArchiveDetails.aspx?ID=259367
46. "UN appoints commission to probe rights abuses in Libya," Xinhua Net, 8
April 2011,
http://news.xinhuanet.com/english2010/world/2011-04/08/c_13819709.htm
47. "Libye: échec de la médiation de l'Union africaine (Libya: the failure
of mediation of the African Union)," Deutsche Welle, 12 April 2011,
http://www.dw-world.de/dw/article/0,,6501153,00.html (In French)
48. "INTERVIEW-ICC budget "under pressure" to fund Libya probe," Aaron
Gray-Block, Reuters, 14 April 2011,
http://af.reuters.com/article/libyaNews/idAFLDE73D16O20110414
49. "Libye: Kadhafi devrait être traduit devant la Cour pénale
internationale (Vanackere) (Libya: Libya: Gaddafi should be brought before the
International Criminal Court [Vanackere])," Le Vif, 14 April 2011,
http://levif.rnews.be/fr/news/belga-generique/libye-kadhafi-devrait-etre-traduit
-devant-la-cour-penale-internationale-vanackere/article-1194990207668.htm (In
French)
50. "Libya's Pathway to Peace," Barack Obama, David Cameron and Nicolas
Sarkozy, Op-Ed, The New York Times, 15 April 2011,
http://www.nytimes.com/2011/04/15/opinion/15iht-edlibya15.html?_r=2
51. "US reportedly seeks refuge for Gadhafi as fighting in Libya
intensifies," Deutsche-Welle, 18 April 2011,
http://www.dw-world.de/dw/article/0,,14995226,00.html
52. "Qui veut de l'encombrant Kadhafi ? (Who wants the bulky Gaddafi?)," Le
Progrès, 18 April 2011,
http://www.leprogres.fr/politique/2011/04/18/qui-veut-de-l-encombrant-kadhafi
(In French)
53. "Les forces pro-Kadhafi sont 'en train de perpétrer un massacre' (The
pro-Gaddafi forces are 'perpetrating a massacre')," AFP, 19 April 2011,
http://www.tdg.ch/forces-pro-kadhafi-train-perpetrer-massacre-2011-04-19 (In
French)
54. "LIBYE: Des évacués traumatisés décrivent l'horreur de Misrata (LIBYA:
The traumatized evacuees describe the horror of Misrata)," IRIN, 19 April 2011,
http://www.irinnews.org/fr/ReportFrench.aspx?ReportID=92521 (In French)
55. "L'ONU condamne l'utilisation de bombes à sous-munitions par le régime
libyen (The UN condemns the use of cluster munitions by the Libyan regime),"
AFP, 20 April 2011,
http://www.ladepeche.fr/article/2011/04/20/1064121-L-ONU-condamne-l-utilisation-
de-bombes-a-sous-munitions-par-le-regime-libyen.html (In French)
56. "Global 'responsibility to protect' the Libyan people," Bangkok Post,
20 April 2011,
http://www.bangkokpost.com/opinion/opinion/232732/global-responsibility-to-prote
ct-the-libyan-people
57. "Libyan forces pound rebels in Misrata," Ben Hubbard, AP, 21 April 2011,
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/04/20/MNAD1J4PPH.DTL
58. "Responsibility to protect, not reason to invade," Donald Rothwell, ABC
(Australia), 21 April 2011, http://www.abc.net.au/unleashed/97706.html
59. "Vers une procédure pénale internationale contre Kadhafi ? (Towards
international criminal proceedings against Gadhafi?)," Le Matin, 22 April 2011,
http://www.lematin.ch/actu/monde/vers-procedure-penale-internationale-contre-kad
hafi-404042 (In French)
60. "'Large scale' war crimes by Gaddafi forces," Marc Bastian, AFP, 23
April 2011,
http://www.news.com.au/breaking-news/large-scale-war-crimes-by-gaddafi-forces/st
ory-e6frfku0-1226043606242

C. AUDIO/VISUAL RESOURCES
1. "Libya: Could Col Gaddafi be prosecuted for crimes against humanity?",
BBC News, 22 March 2011,
http://www.bbc.co.uk/worldservice/news/2011/03/110321_libya_icc_wt_sl.shtml
2. "Exit Strategy: How Will Gadhafi Depart?", ABC News, 29 March 2011,
http://abcnews.go.com/GMA/video/exit-strategy-how-will-gadhafi-depart-13244965?t
ab=9482931&section=1206828&playlist=&page=1
3. "International criminal court has begun an investigation against
Gadhafi, What about Obama?", US State Dept, 31 March 2011,
http://www.youtube.com/watch?v=B7m3g9puD2Y
4. "Foreign Ministers Discuss Next Steps In Libya," Phillip Reeves, NPR, 5
April 2011,
http://www.npr.org/2011/03/29/134961373/Foreign-Ministers-Meet-To-Discuss-Libya
5. "Maître Philippe Moriceau, avocat du barreau de Bayonne, vice-président
de la section française de l'ONG Avocats sans frontière (Philippe Moriceau,
barrister of Bayonne, vice president of the French section of the NGO Lawyers
Without Borders)," RFI, 26 April 2011,
http://www.rfi.fr/emission/20110426-maitre-philippe-moriceau-avocat-barreau-bayo
nne-vice-president-section-francaise-o (In French)

*************************************
CICC's policy on the referral and prosecution of situations before the ICC:

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independent NGO movement dedicated to the establishment of the International
Criminal Court as a fair, effective, and independent international organization.
The Coalition will continue to provide the most up-to date information about the
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and other organizations in the course of their efforts.

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P.O. Box 19519
2500 CM, The Hague
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