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UNSC Refers Libya to the ICC: Latest ICC and Members Media Statement

28 Feb 2011

Dear all,

On 26 February 2011, the Security Council of the United Nations adopted a
resolution referring the situation in Libya to the International Criminal Court
(ICC). The full text of the resolution is available at:
http://www.un.org/News/Press/docs//2011/sc10187.doc.htm

This message includes statements by the ICC Prosecutor and President (I), the
latest media statements issued by Coalition members (II), and continued news
coverage (III).

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

Best regards,

CICC Secretariat
www.coalitionfortheicc.org

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I. ICC STATEMENTS

Note: These documents have been produced by the ICC. The CICC Secretariat
distributes them as part of its mandate to keep member organizations and
individuals informed about developments related to the ICC. The documents do not
reflect the views of the CICC as a whole or its individual members.

1. "Statement by the Office of the Prosecutor on situation in Libya", ICC OTP,
28 February 2011,
http://www.icc-cpi.int/NR/exeres/C8477489-2441-473F-87AC-B7DBACF31C5C.htm

"United Nations Security Council Resolution 1970 (2011) provides jurisdiction to
the International Criminal Court over the situation in Libya.

The Office of the Prosecutor has to now decide whether an investigation into
alleged crimes against humanity committed in Libya since 15 February 2011 should
be opened.

The Office is currently assessing allegations of widespread or systematic
attacks against the civilian population as well as other additional legal
requisites established by the Rome Statute.

The Office is liaising with relevant organisations including the Arab League,
the African Union, the UN Council on Human Rights, the UN High Commission for
Human Rights and the UN Secretariat, as well as with States, in order to collect
information required.

The Office of the Prosecutor is interested in receiving footage and images to
confirm the alleged crimes. Additionally the Office is liaising with Libyan
officials and army officers to receive information about the identity of
authorities with command and control over the organizations allegedly involved
in the crimes.

The Office of the Prosecutor has to act impartially. The next step will be to
decide whether to open an investigation, and eventually collect evidence and
request an arrest warrant against those identified as the most responsible. The
judges will then decide based on the evidence. In accordance with its mandate
to end impunity to contribute to the prevention of future crimes, the Office
will act without delay.

'Information suggests that forces loyal to President Muammar Qadhafi are
attacking civilians in Libya' said Prosecutor Luis Moreno-Ocampo. 'This could
constitute crimes against humanity and must stop. The Office will act swiftly
and impartially. There will be no impunity for leaders involved in the
commission of crimes.'"

2. Statement by ICC President, Judge Sang-Hyun Song, on United Nations Security
Council resolution 1970, 28 February 2011,
http://www.icc-cpi.int/NR/exeres/9758DA3F-6329-4EC6-8B60-987976382689.htm

"I take note of the unanimous decision taken by the United Nations Security
Council on Saturday, 26 February 2011, to refer the situation in Libya to the
Prosecutor of the International Criminal Court (ICC). I welcome this expression
of trust in the ICC's role as the first permanent and independent international
judicial institution with jurisdiction over the most serious crimes of concern
to the international community as a whole."

II. LATEST COALITION MEMBERS MEDIA STATEMENTS

1. "Unanimous Security Council vote a crucial moment for international justice",
Amnesty International, 28 February 2011,
http://www.amnesty.org/en/news-and-updates/unanimous-security-council-vote-cruci
al-moment-international-justice-2011-02-28

"Saturday's Security Council referral of Libya to the International Criminal
Court marks a historic moment in accountability for crimes under international
law, Amnesty International said today.

The Security Council's vote came after a plea for action from Libya's own UN
delegation, which had announced that it no longer represented Col al-Gaddafi.

'This is a welcome and historic precedent,' said Steve Crawshaw, director of
international advocacy at Amnesty International.

'Libyan leaders and all others who may commit crimes under international law
must now take heed that they will be called to account.

'For the people of Libya, this decision is a signal that the international
community will not avert its eyes from the human rights abuses that they
continue to suffer.'

Amnesty International urged the UN Human Rights Council, the Arab League and the
African Union, all of which have announced investigative missions to Libya, to
urgently proceed with their missions and to hand over their findings to the ICC
prosecutor as soon as possible. The organization also called on the Security
Council to consider similar action elsewhere.

'The Security Council must build on the strong action it took yesterday. It must
address situations in other parts of the world that at the moment have less
public profile but are no less serious,' said Steve Crawshaw.

The vote follows a strong condemnation of human rights abuses in Libya by the UN
Human Rights Council in Geneva on Friday and the announcement of actions to
ensure accountability."

2. "The situation in Libya referred to the ICC: Gaddafi could be tried for
crimes against humanity, crimes must stop immediately", FIDH, 27 February 2011,
http://www.fidh.org/The-situation-in-Libya-referred-to-the-ICC

"In a Resolution adopted on Saturday, February 26, 2011, the United Nations
Security Council decided unanimously to refer the situation in Libya to the
International Criminal Court (ICC). The International Federation for Human
Rights (FIDH) welcomes the referral and hope that this action will have an
immediate deterrent impact on the on-going commission of barbarian acts against
the civilian population.

'It has been a bloody week for the Libyan people. We fully support the Security
Council's referral to the ICC. Gaddafi and his circle must be held to account
for the systematic and indiscriminate murder of hundreds of civilians. We
sincerely hope that the referral will have a preventive effect on further
perpetration of crimes. We call upon the Libyan government to put an end to the
elimination of protestants and civilians immediately', said Souhayr Belhassen,
FIDH President.

Earlier this week, FIDH had alerted the international community on the extremely
serious and bloody crackdown under way in Libya....

According to FIDH, the crimes committed against the civilian population could be
qualified as crimes against humanity and would thus fall under the jurisdiction
of the ICC. On Friday, FIDH called upon the Security Council to refer the
situation to the Court without delay. Gaddafi's speeches have made it clear that
the bloody repression of civilians under way has been ordered, wanted and
executed by himself.

'We fear that those who have executed the crimes, have also taken measures to
remove corpses in an attempt to eliminate evidence of their crimes. We call upon
the ICC Office of the Prosecutor to act swiftly and to open an investigation
into the crimes, so as to collect evidence allowing it to prosecute those most
responsible', said Patrick Baudouin, Counsel at the ICC and FIDH Honorary
President.

FIDH underlines that the decision to refer the situation in Libya to the ICC was
approved by all Security Council members, including those who have not ratified
the ICC Statute (United States, China and Russia)...."

See Also:

3. "Libya: Strategy of scorched earth, desire for widespread and systematic
elimination", FIDH, 24 February 2011,
http://www.fidh.org/Libya-Strategy-of-scorched-earth-desire-for

III. CONTINUED MEDIA COVERAGE

1. "ICC prosecutor to look into Libyan crimes", by Nick Rigillo, DPA, 28
February 2011,
http://www.afronews24.com/icc-prosecutor-to-look-into-libyan-crimes-6206.html

2. "ICC: Killing of Libyan civilians could be criminal", AP, 28 February 2011,
http://www.google.com/hostednews/ap/article/ALeqM5jxTvaQ-ah5YLKe5cFkP2oFc-rGrA?d
ocId=19131135cd41482fba956a38908d4d2d

3. "Libyan attacks could be crime vs humanity: ICC", by Svebor Kranjc, Reuters,
28 February 2011, http://af.reuters.com/article/topNews/idAFJOE71R0H820110228

4. "ICC opening preliminary probe into Libyan killings", AFP, 28 February 2011,
http://www.taipeitimes.com/News/front/archives/2011/03/01/2003497058

5. "ICC opens Libya probe, France sends aid to opposition", RFI, 28 February
2011,
http://www.english.rfi.fr/africa/20110228-icc-opens-libya-probe-france-sends-aid
-opposition

6. "Brazil Approves Libya Sanctions, But Objects To ICC Exemptions", by Matthew
Cowley, Dow Jones, 28 February 2011,
http://www.nasdaq.com/aspx/stock-market-news-story.aspx?storyid=201102280909dowj
onesdjonline000142&title=brazil-approves-libya-sanctionsbut-objects-to-icc-exemp
tions


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

The Coalition for the ICC is not an organ of the court. The CICC is an
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
ICC and to help coordinate global action to effectively implement the Rome
Statute of the ICC. The Coalition will also endeavor to respond to basic queries
and to raise awareness about the ICC's trigger mechanisms and procedures, as
they develop. The Coalition as a whole, and its secretariat, do not endorse or
promote specific investigations or prosecutions or take a position on situations
before the ICC. However, individual CICC members may endorse referrals, provide
legal and other support on investigations, or develop partnerships with local
and other organizations in the course of their efforts. Communications to the
ICC can be sent to: ICC P.O. box 19519 2500 CM the Hague The Netherlands