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Libya: Latest Statements and Related Media Coverage

23 Feb 2011

Dear all,

Please find below the latest press release issued by the Office of the
Prosecutor of the International Criminal Court (ICC) regarding Libya (I) as well
as related members media statements (II), other statements (III) and news
articles (IV).

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 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.

1. "Statement by the ICC Prosecutor on Libya", ICC-OTP Statement, 23 February
2011, http://www.icc-cpi.int/NR/exeres/9E81068A-5D77-46F0-BAC5-A01AAB30D198.htm

"The decision to do justice in Libya should be taken by the Libyan people.
Currently, Libya is not a State Party to the Rome Statute. Therefore,
intervention by the ICC on the alleged crimes committed in Libya can occur only
if the Libyan authorities accept the jurisdiction of the Court, (through article
12(3) of the Rome Statute). In the absence of such step, the United Nations
Security Council can decide to refer the situation to the Court. The Office of
the Prosecutor will act only after either decision is taken".


II. MEMBER MEDIA STATEMENTS

1. "Libya: Commanders Should Face Justice for Killings", Human Rights Watch, 22
February 2011,
http://www.hrw.org/en/news/2011/02/22/libya-commanders-should-face-justice-killi
ngs

"Witnesses in Tripoli have described Libyan forces firing "randomly" at
protesters in the capital on February 22 and 21, 2011, Human Rights Watch said
today. While Human Rights Watch is unable to verify these reports, sources from
two hospitals in Tripoli said at least 62 bodies, victims of clashes, had been
brought into their morgues since February 20. On February 22, one man told Human
Rights Watch by Skype that he could see men driving around shooting at
passers-by in the Ben Ashour neighbourhood of Tripoli.

"Anyone, including Muammar Gaddafi, ordering or carrying out atrocities should
know they will be held individually accountable for their actions, including
unlawful killings of protesters," said Sarah Leah Whitson, Middle East and North
Africa director at Human Rights Watch. "We fear the death toll will rise much
higher unless Gaddafi ends his bloody attempts to suppress dissent. He should
call his forces including mercenaries off immediately."

On February 21, high-ranking Libyan diplomats around the world publicly resigned
from their roles representing the government in Tripoli and demanded strong
international action to end the violence. Libya's deputy ambassador to the
United Nations in New York called on the International Criminal Court (ICC) to
investigate and hold accountable those responsible for serious crimes in Libya.

The ICC has a mandate to investigate and prosecute war crimes, crimes against
humanity, and genocide when the appropriate national judiciary is either
unwilling or unable to do so. Libya is not a party to the ICC but the court's
statute allows a non-state party to declare at any time that it accepts the
court's jurisdiction for such crimes within its borders.

... Concerned governments should back their condemnatory statements with
concrete action to stop the bloodshed, including an embargo on all arms and
security equipment to Libya, targeted sanctions against the Libyan leadership as
long as the atrocities continue, ensuring a comprehensive, independent, and
speedy investigation into any crimes committed, and an emergency special session
by the United Nations Security Council, Human Rights Watch said.

"It's important to denounce the violence but we need concrete measures that will
convince the Libyan leadership to end the bloodshed," Whitson said. "

2. "Massacres in Libya: The international community must respond urgently",
International Federation for Human Rights, 21 February 2011,
http://www.fidh.org/Massacres-in-Libya-The-international-community

"The International Federation for Human Rights (FIDH) and the Libyan League for
Human Rights (LLHR) call on the international community to urgently mobilize in
response to the growing risk that Gaddafi will use chaos as a strategy to stifle
the protest movement that has spread throughout the country.

"The threats made by Seif al-Islam, the son of President Gaddafi ¡¯to spill
rivers of blood" are shocking," said Souhayr Belhassen, FIDH President. "The
whole international community must speak loud and clear on the situation in
Libya. Extremely serious crimes are being committed, that would fall under the
jurisdiction of the International Criminal Court if it was seized. The Security
Council must consider this issue urgently" she added.¡¡

The violent crackdown has killed at least 300 to 400 people since February 15,
2011 according to LLHR, an FIDH member organization. The toll is also likely to
rise because of the shortage of medicine which the country is facing.¡¡

... FIDH and LLHR urge in particular States having maintained extensive
relations with the regime of Muammar Gaddafi, to use all their influence to stop
the massacres and encourage a peaceful transition.¡¡

They call on the UN Secretary General to strongly condemn the massive violations
of human rights perpetrated by the Gaddafi regime, and call on the Security
Council to urgently review the situation and consider its referral to the ICC.¡¡

FIDH and LLHR also call for the immediate suspension of Libya from the UN Human
Rights Council.¡¡

Finally, FIDH and LLHR urge the African Commission to urgently seize the African
Court on Human and Peoples Rights and the Peace and Security Council of the
African Union."


3. "ACIJLP Calls upon the International Security Council to Refer the File of
the Libyan Murdered to the ICC Prosecutor," Press release, 23 February 2011,
Arab Center for the Independence of the Judiciary & the Legal Profession
(ACIJLP), http://www.acijlp.org/home.htm

"The Arab Center for the Independence of the Judiciary & the Legal Profession
(ACIJLP) calls upon the International Security Council to carry out its
responsibilities towards maintaining the international peace and security,
comply with Chapter seven of the UN Charter, pass a resolution on the referral
of the file of the Libyan murdered to the International Criminal Court (ICC)
Prosecutor.

ACIJLP refers to Article 13(b) of Rome Statute on the exercise of jurisdiction
which allows the International Security Council to refer a situation in which a
crime or more, which falls within the jurisdiction of the court, has been
committed to the Prosecutor.

ACIJLP believes that crimes against humanity, like intentional murder and severe
physical abuse, are committed against the peaceful demonstrators in many Libyan
cities. Such crimes are incriminated in accordance with Article 7(a & k) of the
ICC Rome Statute.

ACIJLP also refers that intentional murder and other inhumane acts are committed
to face the peaceful demonstrators in an organized matter by the Libyan Armed
Forces, African militias and military forces who use weapon and live bullets to
kill the peaceful demonstrators. Moreover, the said crimes resulted in hundreds
of deaths and injuries for which the Libyan Presidents and his assistants are
held accountable.

ACIJLP points out that the daily circumstances of the Libyan cities witness the
methodological use of the Libyan Armed Forces in killing the demonstrators in
such a way which can be considered war crime.

ACIJLP calls upon the United Nations and the other international organizations
to urge the Libyan government to instantly halt the crimes against humanity
represented in the intentional murder and severe physical abuse of the peaceful
demonstrators....."


III. OTHER STATEMENTS

1. AU Peace and Security Council Communiqu¨¦ on the Situation in Libya, 23
February 2011,
http://coalitionfortheicc.org/documents/PSC_Communique_on_the_situation_in_Libya
.pdf

2. UN Security Council Press Statement on Libya, 22 February 2011,
http://www.un.org/News/Press/docs/2011/sc10180.doc.htm


IV. RELATED NEWS AND OPINIONS

1. "Libya¡¯s deputy ambassador at UN calls on ICC to prosecute Gaddafi", The
Sudan Tribune, 21 February 2011, http://www.sudantribune.com/Libya-s-deputy-
ambassador-at-UN,38071

2. "Libya 'outraged' UN chief tells Libya¡¯s Ghadafi to stop violence", VOA
News, 23 February 2011,
http://www.voanews.com/english/news/middle-east/Outraged-UN-Chief-Tells-Libyas-G
adhafi-to-Stop-Violence-116644449.html

3. "Hold Ghadafi accountable for atrocities" by Fed Abrahams, 22 February 2011,
CNN, http://www.cnn.com/2011/OPINION/02/22/abrahams.libya.gadhafi/

4. "U.N. Condemns Libya but Fails to Probe Civilian Killings" by Thalif Deen,
IPS, 22 February 2011, http://ipsnews.net/news.asp?idnews=54574

5. "Libya attacks may be crimes against humanity ¨C UN", Westlaw News, 22
February 2011,
http://westlawnews.thomson.com/National_Litigation/News/2011/02_-_February/Libya
_attacks_may_be_crimes_against_humanity_-_UN/

6. "UN Security Council Condemns Violence in Libya" by Betwa Shama, Aol News, 22
February 2011,
http://www.aolnews.com/2011/02/22/un-security-council-condemns-violence-in-libya
/

7. "EU pushing for independent UN-led probe of Libya killings, rights abuses" by
Frank Jordans, CP, 23 February 2011,
http://www.google.com/hostednews/canadianpress/article/ALeqM5iKsnDqCm6klFUU_4k-V
RBOmMmRRw?docId=6039177

8. "This evil despot must be brought to justice" by Geoffrey Robertson, The
Independent, 23 February 2011,
http://www.independent.co.uk/opinion/commentators/geoffrey-robertson-this-evil-d
espot-must-be-brought-to-justice-2222908.html

9. "France calls for EU sanctions on Libya", Monsters and Critics, 23 February
2011,
http://www.monstersandcritics.com/news/europe/news/article_1621376.php/France-ca
lls-for-EU-sanctions-on-Libya

11. Ghadaffi should face ICC", The Australian, 23 February 2011,
http://www.theaustralian.com.au/news/opinion/gaddafi-should-face-icc/story-fn558
imw-1226010358090

12. "A crime against humanity; The UN Security Council has an obligation to
bring the murderous thugs in Tripoli to justice for their actions" by Errol
Mendes, Ottawa Citizen/Montreal Gazette, 23 February 2011,
http://www.montrealgazette.com/opinion/editorial-
cartoons/crime+against+humanity/4329748/story.html

13. "Justice in the hands of Libya", Reuters, 23 February 2011,
http://www.kyivpost.com/news/world/detail/98058/

14. "International court prosecutors say they need Security Council order to
launch Libya probe" by Mike Corder, AP, 23 February 2011,
http://www.google.com/hostednews/canadianpress/article/ALeqM5jcrNs6MOpWN_nxDS-nx
lfr0CdzIA?docId=6039015

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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