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Libya: Latest Statements and News

30 Aug 2011

Dear all,

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

This message includes the latest from Coalition member media statements and op-eds (I), a statement by the European Union (II), news articles quoting Coalition members (III) as well as other news and opinion (IV) related to the current situation in Libya.

Please also 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 analysis. The Coalition, however, will continue to provide the most up-to-date information about the ICC.

Best regards,

CICC Secretariat
www.coalitionfortheicc.org<http://www.coalitionfortheicc.org/>

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I. LATEST STATEMENTS

A. COALITION MEMBER STATEMENTS AND OP-EDS

1. "Both sides in Libya conflict must protect detainees from torture," Amnesty International Media Advisory, 25 August 2011, http://www.coalitionfortheicc.org/documents/libyeamnesty25.pdf

Both sides to the ongoing conflict in Libya must ensure that detainees in their custody are not tortured or otherwise ill-treated, Amnesty International said today. The call followed reports from Amnesty International's delegation in Libya on Tuesday, which has gathered powerful testimonies from survivors of abuse at the hands of both pro-Gaddafi soldiers and rebel forces, in and around the town of Az-Zawiya.

Testimonies of abuse committed by rebel forces:

* Against fighters loyal to Colonel Gaddafi
On Tuesday, Amnesty International met officials at Bir Tirfas School which is now being used to detain pro-Gaddafi soldiers, alleged foreign mercenaries, and suspected Gaddafi loyalists. The officials said that they would not repeat the human rights violations of the former regime. They vowed to uphold the rights of the detainees to be treated with dignity and afforded fair trials.

In an overcrowded cell, where some 125 people were held with barely enough room to sleep or move, a boy told Amnesty International how he had responded to calls by al-Gaddafi's government for volunteers to fight the opposition. He said that he was driven to a military camp in Az-Zawiya, where he was handed a Kalashnikov rifle that he did not know how to use. He told Amnesty International: "When NATO bombed the camp around 14 August, those who msurvived fled. I threw my weapon on the ground, and asked for refuge in a home nearby. I told the owners what happened, and I think they called the revolutionaries [thuuwar], because they came shortly after.

"They shouted for me to surrender. I put my hands up in the air. They made me kneel on the ground and put my hands behind by head. Then one told me to get up. When I did, he shot me in the knee at close range. I fell on the ground, and they continued beating me with the back of their rifles all over my body and face. "I had to get three stitches behind by left ear as a result. In detention, sometimes they still beat us and insult us, calling us killers." A member of the al-Gaddafi security forces, told Amnesty International how he was apprehended by a group of armed men near Az-Zawiya around 19 August as he was bringing supplies to pro-Gaddafi forces. He said that he was beaten all over his body and face with the backs of rifles, punched and kicked. He bore visible marks consistent with his testimony. He told Amnesty International that in detention, beatings are less frequent and severe, but take place intermittently depending on the guards on duty.

* Against migrant workers
Detention officials in Az-Zawiya said that about a third of all those detained are "foreign mercenaries" including nationals from Chad, Niger and Sudan. When Amnesty International delegates spoke to several of the detainees however, they said that they were migrant workers. They said that they had been taken at gunpoint from their homes, work-places and the street on account of their skin colour. None wore military uniforms. Several told Amnesty International that they feared for their lives as they had been threatened by their captors and several guards and told them that they would be "eliminated or else sentenced to death". Five relatives from Chad, including a minor, told Amnesty International that on 19 August they were driving to a farm outside of Az-Zawiya to collect some produce when they were stopped by a group of armed men, some in military fatigues. The armed men assumed that the five were mercenaries and handed them over to detention officials despite assurances by their Libyan driver that they were migrant workers. A 24 year-old man from Niger who has been living and working in Libya for the past five years, told Amnesty International that he was taken from home by three armed men on 20 August. He said that he was handcuffed, beaten, and put in the boot of the car. He said: "I am not at all involved in this conflict. All I wanted was to make a living. But because of my skin colour, I find myself here, in detention. Who knows what will happen to me now?"

Testimonies of abuse committed by pro-Gaddafi forces:

Amnesty International's delegation uncovered evidence of rape being committed against inmates of Tripoli's notorious Abu Salim Prison. Former detainees said they witnessed young men being taken from their cells at night - returning several hours later visibly distressed. Two boys told cellmates that they had been raped by a guard. According to one former detainee: "One of the boys was in particularly bad shape after being brought back to his cell. His clothes were torn and he was almost naked. He told us that he had been raped. This happened to these two boys several times." Thousands of men, including unarmed civilians, "disappeared" during the conflict, taken by pro-Gaddafi forces. Their relatives lived through months of anguish not knowing their fate. Those recently freed brought back with them stories of torture and other ill-treatment in al- Gaddafi detention facilities in Sirte and Tripoli. They told Amnesty International how they had been beaten with metal wires, sticks and batons and electrocuted Amnesty International delegates also met several men who said they had been shot by pro- Gaddafi forces after they had been caught, and clearly no longer posed a threat. One man taken near the eastern frontline close to Ajdabiya on 21 March told us that his captors had inserted the barrel of a rifle into his anus, while he was blindfolded.

See also:

i. "Libya: Prisoner Records at Risk of Being Lost," Amnesty International, 29 August 2011, http://amnesty.org/en/news-and-updates/libya-prison-records-risk-being-lost-2011-08-29

ii. "Libya: Detainees Killed by Al-Gaddafi Loyalists," Amnesty International, 26 August 2011, http://amnesty.org/en/news-and-updates/libya-detainees-killed-al-gaddafi-loyalists-2011-08-26

iii. "Libya: Pursuing al-Gaddafi - the legal questions answered," Amnesty International, 25 August 2011, http://www.coalitionfortheicc.org/documents/190312011en.pdf

iv. "Libyan civilians must be protected amid Tripoli fighting," Amnesty International
22 August 2011, http://www.amnesty.org/en/news-and-updates/libyan-civilians-must-be-protected-amid-tripoli-fighting-2011-08-22

2. "Libya: Gaddafi Forces Suspected of Executing Detainees," Human Rights Watch, 28 August 2011, http://www.hrw.org/news/2011/08/28/libya-gaddafi-forces-suspected-executing-detainees

"(Tripoli) Evidence indicates that forces loyal to Muammar Gaddafi killed at least 17 detainees in a makeshift prison as rebel forces began advancing on the neighborhood of Gargur in Tripoli around August 21, 2011, Human Rights Watch said today. According to one witness who survived the killing, Libyan security forces shot the detainees at the Al-Amal al-Akhdar building belonging to the Libyan Internal Security service.

Human Rights Watch has also documented evidence of suspected arbitrary executions of dozens of other civilians, including medical professionals, by Gaddafi loyalists over the past week.

"Torture was rife in Gaddafi's prisons but to execute detainees days before they would have been freed is a sickening low in the government's behavior," said Sarah Leah Whitson, Middle East and North Africa director at Human Rights Watch said. "The evidence we have been able to gather so far strongly suggests that Gaddafi government forces went on a spate of arbitrary killing as Tripoli was falling."

Separately, on August 26, Human Rights Watch found 18 bodies rotting in small groups near the Internal Security building in a dry riverbed between Gargur and Bab al-Aziziya, Gaddafi's former compound. Witnesses told Human Rights Watch that Gaddafi forces had killed them at different times in the week prior to August 25, when Libyan rebels seized control of the area. It is unclear if any of those killed were armed at the time of their death, but Human Rights Watch observed two among the 18 bodies had their hands tied behind their backs and two were wearing the green scrubs of Libyan doctors and nurses. Witnesses told Human Rights Watch that several others were unarmed.

Human Rights Watch also documented 29 other bodies found in and around a makeshift field clinic outside Bab al-Aziziya where there were signs that Gaddafi loyalists had been present. Four bodies were found lying on beds in the clinic itself, and several more were lying on cushions in and around what looked like military tents. Volunteers took the bodies into trucks. Human Rights Watch inspected one corpse with a gunshot wound to the head, and one body with his hands tied behind his back. Khalid Kofran, 35, who volunteered on the team that was removing the bodies, said he had seen at least three or four corpses with their hands and legs tied. Human Rights Watch has not collected sufficient information to date to indicate who may be responsible for the deaths, and there is no forensic analysis yet.

..."These incidents, which may represent only a fraction of the total, raise grave questions about the conduct of Gaddafi forces in the past few days, and whether it was systematic or planned," said Whitson. "If these incidents are proven to be extra judicial killings they are serious war crimes and those responsible should be brought to justice.""
See also:

i. "Libya: Evidence Suggests Khamis Brigade Killed 45 Detainees," Human Rights Watch, 29 August 2011, http://www.hrw.org/news/2011/08/29/libya-evidence-suggests-khamis-brigade-killed-45-detainees

ii. "Libya: Q&A on the Arrest and Surrender of the Three International Criminal Court Suspects," Human Rights Watch, 26 August 2011, http://www.hrw.org/news/2011/08/26/libya-qa-arrest-and-surrender-three-international-criminal-court-suspects
iii. "After Libya, the question: To protect or depose?" by Philippe Bolopion (HRW), Los Angeles Times, 25 August 2011 http://www.hrw.org/news/2011/08/25/after-libya-question-protect-or-depose
3. "Physicians for Human Rights Calls for the Protection of Evidence of Atrocities in Libya," Physicians for Human Rights, August 2011, http://physiciansforhumanrights.org/library/statements/protect-evidence-of-war-crimes-in-libya.html

"In view of the latest news on the apparent discovery of mass graves and mass killing sites in Libya, and amidst allegations of human rights violations by various armed actors throughout the months-long conflict, PHR calls for the immediate protection of all evidence and witnesses so that war crimes can be fully investigated.

Protecting evidence of any and all crime scenes will ensure that independent investigations of alleged war crimes can take place. Without such protection, evidence of past atrocities, as well as those that have occurred during the recent conflict, may be lost, and the people of Libya will be denied a critical opportunity for justice and accountability.

To ensure that evidence is protected, the Transitional National Council, backed by the international community, should take the following steps:

1. Establish a mandate as to which crimes will be investigated in order to establish jurisdiction.
2. Ensure that crime scenes are properly and independently identified and that any subsequent evidence is secured from any manipulation by unauthorized personnel and/or degradation. Access should be controlled and limited to proper authorities.
3. Document each crime scene and secure evidence by proper authorities and/or personnel with the necessary forensic capacity.
4. Guarantee the independence and neutrality of any investigative and/or forensic authority.
5. Document human remains through proper medico-legal examinations and ensure steps are taken for scientific identifications at some later stage/when possible. If burials need to take place, bodies should be buried individually in a controlled fashion (e.g., with identity tags), ensuring that they each one can be found and examined at a later date. Chain of custody and evidence standards should be upheld.
6. Provide witnesses of war crimes/mass atrocities with the proper personal protection, if necessary.

PHR has provided forensic evaluations and prepared evidence of war crimes and testified at various international bodies, including tribunals for the former Yugoslavia and Rwanda, and the Special Court of Sierra Leone."
See also:

i. "Witness to War Crimes: Evidence from Misrata, Libya," Physicians for Human Rights, August 2011, https://s3.amazonaws.com/PHR_Reports/Libya-WitnesstoWarCrimes-Aug2011.pdf

4. "Libyan Transition Must Be Rooted in Rule of Law," Human Rights First, 24 August 2011, http://www.humanrightsfirst.org/2011/08/24/libyan-transition-must-be-rooted-in-rule-of-law/

"While rebel control of Tripoli is not yet complete, Human Rights First welcomes and echoes the Obama Administration's calls for the Libyan Transitional National Council to respect the rights of all citizens during the transition after the collapse of the Gadhafi regime. Human Rights First also urges President Obama to make clear that the United States also wishes to see respect for international law....

State Department spokeswoman Victoria Nuland's recent remarks noting that the Transitional National Council must ensure that 'international standards of justice' are maintained in the process of holding accountable those with blood on their hands. Human Rights First notes that the first step in ensuring international standards of justice is to ensure that the rules of the International Criminal Court are followed.

'Until the Transitional National Council seeks that decision from the ICC Pre-Trial Chamber, and while that decision is being made, any captured indictees must be held in humane conditions,' stated Fromholz. 'If the Transitional National Council cannot guarantee their safety and humane treatment, they should be detained in the Hague.'

Fromholz concluded, 'No matter where the current ICC indictees are tried, the Transitional National Council will have to ensure fair trials for all those who allegedly committed crimes but have not been indicted. Seeing just and fair trials of regime members from the top down in Libya would help instill broad respect for the rule of law after decades of a dictatorship.'"

5. "Libya: Ensuring a Smooth and Peaceful Transition into the Post-Qaddafi Era," International Crisis Group, 23 August 2011, http://www.crisisgroup.org/en/publication-type/media-releases/2011/libya-ensuring-a-smooth-and-peaceful-transition-into-the-post-qaddafi-era.aspx

"As Libyans prepare for the Qaddafi regime's imminent demise, the country faces a pivotal moment of historic proportions. Steps taken in the next few days and weeks will decisively shape the post-Qaddafi order. The new, still nascent, Libyan leadership, faces a dual, difficult legacy which it will need to overcome: four decades of an autocratic regime that failed to build genuine state institutions and six months of a civil war that, together with inevitable human and material losses, exposed old divisions and fissures while prompting new ones. The challenge for that leadership, as well as for international actors who enabled its drive into Tripoli, is threefold: to establish a broadly inclusive and representative transitional governing body; address immediate security risks; and find an appropriate balance between, on the one hand, the search for accountability and justice and, on the other, the imperative of avoiding arbitrary score-settling and revenge....

... Libya's rulers will need to urgently turn their attention to the following areas:

....Security, law and order....

Transitional justice and reconciliation: One of the most glaring omissions of Iraq's transition from tyranny was the new rulers' failure to establish a mechanism to hold to account those who committed major crimes, while allowing others to clear their record or obtain pardon on condition they provided full disclosure of their participation in the regime....

Libyans should not be led down this destructive track of politicised score-settling and witch-hunts. One of the interim ruling council's immediate tasks should be to urge fighters under its command and the population at large to foreswear any reprisal against former-regime elements, including members of the Qadhafi family, who should be treated in accordance with principles of international law. Those suspected of crimes should be detained and brought to justice before proper judicial institutions. The council also should establish a special commission, comprising independent Libyan figures of impeccable qualifications and reputation, charged with processing persons accused of crimes with a view to integrating most back into society while handing the worst offenders, including Qadhafi's inner circle, over to the courts (and those indicted by the International Criminal Court to the ICC in The Hague)...."

6. "Libya: Ensure Transition Respects Human Rights: National Transitional Council Should Lay Foundation for Rule of Law," Human Rights Watch, 24 August 2011, http://www.hrw.org/news/2011/08/24/libya-ensure-transition-respects-human-rights

"(New York) - The National Transitional Council (NTC) should take urgent steps to secure a political transition in Libya that respects its human rights obligations and lays the foundation for a new government based on the rule of law, Human Rights Watch said today.

In light of the fall of the Gaddafi government, Human Rights Watch sent letters to Mahmoud Jebril, the interim prime minister, and Mustafa Abdul Jalil, chairman of the NTC. Human Rights Watch commended the council's efforts thus far to avoid reprisals against Gaddafi supporters, and made a number of recommendations for the critical first days of an apparent transition.

"The National Transitional Council has set a good tone for the transition with forceful statements about justice and human rights," said Sarah Leah Whitson, Middle East and North Africa director at Human Rights Watch. "But concrete steps are urgently needed to avoid revenge, protect vulnerable people, and help promote the rule of law."

The Human Rights Watch recommendations include:

* Deploy security units to protect:
* vulnerable people, such as government supporters - real and suspected, displaced people who fled NTC-held territory, and dark-skinned Libyans and sub-Saharan Africans who have frequently been accused of serving Gaddafi as foreign mercenaries;
* vulnerable facilities, such as prisons, police stations, courthouses, and other government facilities that were symbols of the Gaddafi government's repression, but that any new government will need to maintain law and order;
* government records and archives, to ensure the security of documents necessary for government operations and accountability for past crimes and human rights abuses; and
* arms depots, including those bombed by NATO, so that people who are not members of NTC forces do not take away weapons and munitions that could fuel lawlessness or insurgency.
* Treat all detainees, from captured fighters to members of the Gaddafi family, humanely and in accordance with international human rights and humanitarian law standards. This includes the right to a prompt review before an independent judicial panel.
* Provide immediate access for the International Committee of the Red Cross to all detainees in NTC custody, as the NTC has granted in other parts of the country.
* Cooperate with the International Criminal Court (ICC) by surrendering to the court people in NTC custody who are subject to an ICC arrest warrant, in line with Security Council resolution 1970 and an NTC pledge to the ICC Prosecutor's Office in April.

Human Rights Watch also said the NTC should consider asking the United Nations to play a role in post-conflict Libya. The UN could deploy civilian police officers from various countries to Libya to help monitor and train local police, Human Rights Watch said. The UN could also send human rights monitors to parts of the country that supported Gaddafi and places where serious tensions may arise, such as in Tawergha, Sebha, Sirte, and some towns in the Western Mountains.

"Such monitors would help to deter abuses or report them if they occur, and give all Libyans, whether they supported or opposed the revolution, confidence that their rights will be protected during this sensitive time," Human Rights Watch wrote in the letter."
See also:

i. Letter to National Transitional Council Regarding Transition of Power, Human Rights Watch, 23 August 2011, http://www.hrw.org/news/2011/08/23/letter-national-transitional-council-regarding-transition-power

7. "Make Justice a Foundation of the New Libya," David Tolbert, International Center for Transitional Justice, 25 August 2011, http://us2.campaign-archive2.com/?u=1d074ab001e1717ab129127f6&id=edcfba932f&e=81d5c023c1

"As gunfire dies down over Tripoli, the new Libyan authorities will be coming to terms with enormous dilemmas about the hierarchy of priorities in building a new society. Their offices will see long processions of emissaries from near and far in the coming days and weeks. Some will be sternly pressing for issues of security to be immediately addressed and others will demand that business and development concerns precede all else, while there are also bound to be those advocating for justice to be done first and quickly.

While understanding various interests and merits driving such monothematic agendas that presume separation and sequencing of priorities, Libyans should resist pressures to adopt ad hoc solutions and instead go for the ultimate goal-building a new, just society. Looking to experiences spanning tectonic changes from Berlin of 1989 to Cairo of the present, the makers of a new Libya are perfectly positioned to know that justice is as crucial to the future of their country as it is inextricably linked to stability, security, and development....

Qaddafi case: The Hague or Tripoli?

The International Criminal Court (ICC) issued arrest warrants for Muammar El-Qaddafi, his son Saif al-Islam and intelligence chief Abdullah al-Sanussi for crimes committed against demonstrators in the early days of the Libyan uprising. The UN Security Council referred the case to the ICC under Chapter VII of the UN Charter, under circumstances in which it was impossible to expect alleged crimes against humanity to be adequately investigated in Libya itself.

Mustafa Abdel-Jalil, chairman of the Libyan National Transitional Council, stated that Qaddafi and his cohorts should be judged 'in fair trial that must take place in Libya.' This would require Libya to submit a challenge to the ICC's jurisdiction and demonstrate that it is actively investigating the case and is capable of fairly carrying out such a prosecution. In considering this decision Libyan authorities will be treading a narrow path between the need for justice to be seen to be done and the perceptions of victor's justice.

While the ICC is effectively the court of last resort and Libyans should see it as such in considering how to proceed with the case, the complete devastation of Libyan institutions under Qaddafi's regime must also be considered. Libya, unlike Tunisia and Egypt, will have to build its judiciary almost from scratch, and it would take considerable time and resources to create the necessary capacity to conduct such complex trials fairly.

The challenges that a trial of a former head of state pose to any judiciary in any society, let alone one coming out of decades of dictatorship and a bloody internal conflict, are enormous. And, although each context is unique, Libyans need not look too far-Cairo is just across the border-to see that such trials are often highly politicized by supporters and opponents of the accused. If mishandled in the slightest they can deepen divisions instead of providing healing to aggrieved communities and a sense of fairness to all...."

"Libya: Local Justice, International Crimes and the ICC," Alison Cole, The Guardian, 23 August 2011, http://www.guardian.co.uk/law/2011/aug/23/gaddafi-justice-international-criminal-court

"As fighting continued in the Libyan capital Tripoli, the International Criminal Court said on Monday that Luis Moreno-Ocampo, the ICC prosecutor, has been in contact with the country's Transitional National Council regarding the three top Libyan leaders sought on war crime charges-the besieged Libyan leader Muammar Qaddafi, his son Saif al-Islam Qaddafi, and Abdullah al-Senussi, the former head of Libyan military intelligence....

Mr Ocampo was quoted as saying: 'Crimes in Libya were primarily committed against Libyans. The court issued arrest warrants on 27 of June against three individuals. They are some of the most serious crimes of concern to the international community as a whole. That is why the UN Security Council referred the situation to the International Criminal Court in February 2011.'

Mr Ocampo's statement came after a weekend during which Saif al-Islam Qaddafi was reportedly detained by the rebels (reports which subsequently proved untrue). So the statement from the ICC prosecutor seems to hint at what could be a point of tension: what if the National Transitional Council declines to transfer to the ICC any of the three suspects, perhaps citing popular demands for local justice?

The mandatory steps that should be taken under international law are relatively clear: the legal obligation is to implement the UN Security Council resolution 1970 and the ICC arrest warrant, which would require the suspects to be handed over to ICC control by being transferred to The Hague.

The issue of whether it is possible to be try these suspects in Libya is a matter to be raised as part of the preliminary arguments under the pre-trial process before the ICC. ICC law recognizes that in some circumstances, a state may be willing or able to try their suspects at home, and it is open to the legitimate government of Libya to make such arguments before the ICC.

Libya is also required to investigate and prosecute other persons not named in the ICC arrest warrants, according to the concept of complementarity which requires all nations to address international crimes...."

8. "What's Next for Justice in Libya? The Gaddafis, the ICC and how the US Can Help," American NGO Coalition for the ICC, IJ Central, 22 August 2011, http://ijcentral.org/blog/whats_next_for_justice_in_libya_the_gaddafis_the_icc_and_how_the_us_can_hel/

"The situation in Libya is changing quickly and gains by Libyan rebels have reportedly resulted in the arrest of one of suspects wanted by the ICC, Saif Al-Islam Gaddafi. There have been media reports and a press release from the ICC Prosecutor indicating that he has asked the Transitional National Council (TNC) to surrender this suspect, a son of Col. Muammar Gaddafi and allegedly Libya's de facto prime minister, to the Court. It is unclear that this time whether the TNC will do so.

There are already questions arising about whether justice should be done in Libya or in The Hague. According to UN Security Council Resolution 1970, which referred the Libya situation to the Court, Libyan authorities are obligated to cooperate with the ICC. If the TNC takes control of Libya, as is possible in the near future, that obligation would fall to the TNC. If it wished to try Saif Al-Islam Gaddafi or any other ICC suspect, it could claim that it is carrying out judicial proceedings against them. It would be up to the ICC judges to determine whether these proceedings were legitimate and genuine, thus satisfying the principle of complementarity enshrined in the Rome Statute. The UN Security Council could also adopt a resolution under Chapter VII of the UN Charter directing the ICC to suspend proceedings for renewable periods of 12 months, though this scenario seems unlikely at this time.

The United States could play an important role in urging the relevant officials to transfer any Libyan suspects to the ICC. While President Obama did not mention the ICC in his statement released earlier today, he did indicate that 'we will continue to work with our allies and partners in the international community to protect the people of Libya, and to support a peaceful transition to democracy.' The unanimous referral of the Libya situation to the ICC by the Security Council, including the United States, was an important action by the international community to protect the people of Libya and one which the US has continued to support since the referral...."

9. "Saif Al-Islam Gadaffi Must be Sent to the International Criminal Court," Citizens for Global Solutions, 22 August 2011, http://globalsolutions.org/files/public/Saif&#x20;Al-Islam&#x20;Gaddafi&#x20;ICC.pdf

"As the National Transitional Council (NTC) moves to take control of Tripoli, Citizens for Global Solutions calls on the Council to hand over Mummar Gaddafi's son, Saif Al-Islam Gaddafi, to the International Criminal Court at the Hague for prosecution for his participation in crimes against humanity....

'When Prosecutor Ocampo issued the arrest warrants for Muammar Gaddafi, his son Saif Al-Islam Gaddafi, and intelligence chief Abdullah Al-Senussi, the National Transitional Council welcomed the charges and promised to fully cooperate with the ICC should they be captured. With Gaddafi's son under house arrest and no judicial system in place to hold a fair trial, we urge the Council to follow through and turn him over to the ICC, securing justice and accountability for victims in Libya,' said Don Kraus, Chief Executive Officer of Citizens for Global Solutions and Co-Chair of the Washington Working Group on the International Criminal Court (WICC).

United Nations Security Council Resolution 1970 requires Libya to cooperate with the Court. Should Mummar Gaddafi attempt to find safe haven in another country, it mandates all ICC member states around the world to hand him over to the Court should he step foot on their soil. It also urges states not party to the ICC to assist in the capture of accused war criminals.

While Libya begins this fragile transition, civilians are still in need of protection. Citizens for Global Solutions calls upon the NTC to demand that the people refrain from retaliatory attacks against Gaddafi supporters. Kraus said, 'The National Transitional Council should invite United Nations peacekeepers to monitor the transfer of power, keeping the peace between the two factions, and creating stability for a new government to be formed. We urge the National Transitional Council to accept assistance from the international community. International cooperation is essential to resolve global challenges, building a safer, more secure world.'"

B. EU STATEMENT ON DEVELOPMENTS IN LIBYA

1. "Joint statement by EU Commission President Barroso and EU Council President Van Rompuy, Statement by EU HR Ashton, and Statement by EU Parliament President Buzek on Libya," 22 August 2011, http://www.eu-un.europa.eu/articles/en/article_11294_en.htm

Catherine Ashton, the High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the Commission

"...We are witnessing the last moments of the Gaddafi regime. I call on Gaddafi to step down without further delay and avoid further bloodshed. I call on the National Transitional Council and opposition forces to ensure the protection of civilians, to fully respect international human rights and humanitarian law and to act with responsibility in the interests of maintaining peace and stability throughout the country...."

II. COALITION MEMBERS QUOTED

1. "Liberated inmates tell of 'dark age' under Gadhafi," by Ben Hubbard, 30 August 2011, Associated Press, http://www.google.com/hostednews/ap/article/ALeqM5h0uszyAQpdndMt7sikUH8P5ImdIg?docId=dbb58de4aac3498593b0b6f295183688

2. "HRW: Libyan Forces Killed Detainees," VOA, 28 August 2011 http://blogs.voanews.com/breaking-news/2011/08/28/hrw-libyan-forces-killed-detainees/,

3. "Gaddafi forces killed prisoners, says Amnesty," Reuters, 26 August 2011, http://www.reuters.com/article/2011/08/26/us-libya-killings-amnesty-idUSTRE77P4F220110826

4. "If Qaddafi Is Captured, Where Should He Be Tried?," Thomas Lane, Talking Points Memo, 24 August 2011, http://tpmdc.talkingpointsmemo.com/2011/08/if-qaddafi-gets-captured-where-should-he-be-tried.php

5. "Can International Criminal Court successfully try Qaddafi?," Scott Baldauf, Christian Science Monitor, 24 August 2011, http://www.alaskadispatch.com/article/can-international-criminal-court-successfully-try-qaddafi

6. "What Gaddafi's Arrest Could Mean For The International Criminal Court," Saki Knafo, Huffington Post, 24 August 2011, http://www.huffingtonpost.com/2011/08/24/gaddafis-arrest-international-criminal-court_n_935275.html

7. "Human Rights Watch Cautions Against Civilian Casualties in Libya," Peter Clottey, VOA News, 23 August 2011, http://www.voanews.com/english/news/africa/Human-Rights-Watch-Cautions-Against-Civilian-Casualties-in-Libya--128263188.html

8. "Rice says Libyan people can decide whether to try Qaddafi; ICC says not so fast," Colum Lynch, Foreign Policy, 23 August 2011, http://turtlebay.foreignpolicy.com/posts/2011/08/23/rice_says_libyan_people_can_decide_whether_to_try_qaddafi_icc_says_not_so_fast

9. "Qaddafi's Deeply Dodgy 'Get Out Of Jail Free' Card" by Thomas Lane, TPM, 19 August 2011, http://tpmdc.talkingpointsmemo.com/2011/08/qaddafis-deeply-dodgy-get-out-of-jail-free-card.php

III. NEWS AND OPINION

1. "Libya Rebel Leader Gives Qaddafi Forces Deadline to Submit," San Francisco Chronicle, 29 August 2011, http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2011/08/29/bloomberg1376-LQQOZE1A74E901-5UC206RIJHKK0303HSMANJ52OG.DTL#ixzz1WWSXOQAh

2. "Rebels believe Gaddafi intelligence chief is dead," 29 August, http://af.reuters.com/article/commoditiesNews/idAFL5E7JT1T920110829

3. "Gadhafi family members in Algeria, ambassador says," CNN 29 August 2011, http://www.cnn.com/2011/WORLD/africa/08/29/libya.algeria.gadhafi/index.html?hpt=hp_c1

4. "Khamis Gaddafi may be next on wanted list: ICC," Sara Webb and Aaron gray-Block, Reuters, 29 August 2011, http://www.reuters.com/article/2011/08/29/us-icc-libya-idUSTRE77S3SU20110829

5. "Gaddafi 'raped' his female bodyguards," Mark Micallef, The Sunday Times, 28 August 2011, http://www.timesofmalta.com/articles/view/20110828/local/Gaddafi-raped-his-female-bodyguards.382085

6. "Merkel: Gaddafi should be tried," AFP, 27 August 2011, http://www.news24.com/Africa/News/Merkel-Gaddafi-should-be-tried-20110827

7. "Alia Ibrahim / Correspondent's Outtake: Not dead or alive, only alive would do," Alia Ibrahim, Al Arabiya, 27 August 2011, http://english.alarabiya.net/views/2011/08/27/164250.html

8. "Gaddafi: rule of law in Tripoli or The Hague?," Geraldine Coughlan, RNW, 26 August 2011, http://www.rnw.nl/english/article/gaddafi-rule-law-tripoli-or-hague

9. "UN rights office: Gadhafi should be captured alive," AP, 26 August 2011, http://www.taiwannews.com.tw/etn/news_content.php?id=1689863

10. "UN must play role in post-war Libya: Russia," Reuters/AFP, 26 August 2011, http://nation.com.pk/pakistan-news-newspaper-daily-english-online/International/26-Aug-2011/UN-must-play-role-in-postwar-Libya-Russia

11. "Having Cake and Eating it Too: An ICC Trial in Libya?," Mark Kersten, Justice in Conflict, 26 August 2011, http://justiceinconflict.org/2011/08/26/having-cake-and-eating-it-too-an-icc-trial-in-libya/

12. "Avoiding Amnesty: Bringing Gaddafi to Justice," Kevin Govern, Jurist, 25 August 2011, http://jurist.org/forum/2011/08/kevin-govern-gaddafi-icc.php

13. "Gaddafi must face fair trial by rule of law," Geoffrey Robertson, The Age, 26 August 2011, http://www.theage.com.au/opinion/politics/gaddafi-must-face-fair-trial-by-rule-of-law-20110825-1jcbl.html

14. "Burkina Faso offers asylum to Gaddafi," PressTV, 25 August 2011, http://www.presstv.ir/detail/195664.html

15. "Tunisia not among Gaddafi's destinations," Xinhua, 25 August 2011, http://www.china.org.cn/world/libya_air_strike/2011-08/25/content_23278378.htm

16. "African notables berate Nato for ousting Gaddafi," Loyiso Langeni, Business Day, 25 August 2011, http://www.businessday.co.za/articles/Content.aspx?id=151565

17. "Did NATO Violate International Law in Libya? Will the ICC Investigate?," Julian Ku, Opinio Juris, 25 August 2011, http://opiniojuris.org/2011/08/25/did-nato-violate-international-law-in-libya-will-the-icc-investigate/

18. "SAfrica says court should probe NATO Libya role," AFP, 25 August 2011, http://news.yahoo.com/safrica-says-court-probe-nato-libya-role-072634463.html

19. "The Gadhafis should go to The Hague," Stephen M. Stewart, CNN Global Public Square, 25 August 2011, 24 August 2011, http://globalpublicsquare.blogs.cnn.com/2011/08/24/gadhafi-should-go-to-the-hague/

20. "Gadhafi's options: death, exile or surrender," Geoffrey York, Globe and Mail, 24 August 2011, http://www.theglobeandmail.com/news/world/africa-mideast/gadhafis-options-death-exile-or-surrender/article2139393/

21. "Rebel propaganda helped takeover of Gadhafi site," AP, 24 August 2011, http://www.cbsnews.com/stories/2011/08/24/ap/middleeast/main20096755.shtml

22. "Gaddafi must face trial in Libya before ICC-rebels," Reuters, 24 August 2011, http://af.reuters.com/article/libyaNews/idAFL5E7JN29O20110824

23. "NATO: Muammar Gaddafi not target," AFP, 23 August 2011, http://www.news24.com/Africa/News/Nato-Muammar-Gaddafi-not-target-20110823

24. "Suggestion that Gadaffi son was detained is setback to ICC," Owen Bowcott, The Guardian, 23 August 2011, http://www.guardian.co.uk/law/2011/aug/23/suggestion-gaddafi-son-detained-setback-icc

25. "EDITORIAL: AU can redeem itself in Libya," Business Day, 23 August 2011, http://www.businessday.co.za/articles/Content.aspx?id=151367

26. "In Libya, we move toward a more humane world," Lloyd Axworthy, Globe and Mail, 23 August 2011, http://www.theglobeandmail.com/news/opinions/opinion/in-libya-we-move-toward-a-more-humane-world/article2138221/

27. "Italy wants Kadhafi and sons on trial in Hague," AFP, 23 August 2011, http://www.abs-cbnnews.com/global-filipino/world/08/23/11/italy-wants-kadhafi-and-sons-trial-hague

28. "ICC never had arrest of Gaddafi's son Saif confirmed," Aaron Gray-Block, Reuters, 23 August 2011, http://www.reuters.com/article/2011/08/23/us-libya-icc-idUSTRE77M1YQ20110823

29. "Libya: International Criminal Court faces embarrassment over Saif al-Islam 'escape'," Raf Sanchez, The Telegraph, 23 August 2011, http://www.telegraph.co.uk/news/8717872/Libya-International-Criminal-Court-faces-embarrassment-over-Saif-al-Islam-escape.html

30. "Gaddafi safe in Tripoli - son," Imed Lamloum, The Star, 23 August 2011, http://www.iol.co.za/the-star/gaddafi-safe-in-tripoli-son-1.1123530

31. "Gaddafi son Saif at Tripoli hotel after arrest report," Reuters, 23 August 2011, http://in.reuters.com/article/2011/08/23/idINIndia-58913020110823

32. "Time on Saif Gaddafi," Kevin Jon Heller, Opinio Juris, 23 August 2011, http://opiniojuris.org/2011/08/23/time-on-saif-gaddafi/

33. "France wants Libya transition summit: Juppe," John Irish, Reuters, 22 August 2011, http://www.reuters.com/article/2011/08/22/us-libya-france-juppe-idUSTRE77L5NR20110822

34. "Report: Libyan Leader Moammar al-Qaddafi May Flee to Venezuela, Cuba," Fox News, 22 August 2011, http://latino.foxnews.com/latino/news/2011/08/22/report-libyan-leader-moammar-al-qaddafi-may-flee-to-venezuela-cuba/

35. "TV Station Claims Body May Be Gaddafi's Son," Isle of Wright, 22 August 2011, http://www.iwradio.co.uk/news/videos/tv-station-claims-body-may-be-gaddafis-son-16054407/

36. "The Multilateralist: Can Libya try the Gaddafis?," David Bosco, The Multilateralist, 22 August 2011, http://ijcentral.org/blog/the_multilateralist_can_libya_try_the_gaddafis/

37. "War crimes court wants Saif Gadhafi, prosecutor says," CNN, 22 August 2011, http://edition.cnn.com/2011/WORLD/africa/08/21/icc.saif.gadhafi/

38. "Libyan rebels control Tripoli, Gaddafi's son Saif al-Islam detained," Xinhua News, 22 August 2011, http://news.xinhuanet.com/english2010/world/2011-08/22/c_131064493.htm

39. "Prospects for post-Gaddafi Libya," Michael Hughes, The Examiner, 22 August 2011, http://www.examiner.com/geopolitics-in-national/prospects-for-post-gaddafi-libya

40. "UN calls for ceasefire in Libya and political talks by Gaddafi and rebels," Raymond Gellner, The Examiner, 15 August 2011, http://www.examiner.com/world-news-in-national/un-calls-for-ceasefire-libya-and-political-talks-by-gaddafi-and-rebels

41. "UN Leader Expresses Concern Over Civilian Casualties in Libya," VOA News, 12 August 2011, http://www.voanews.com/english/news/UN-Leader-Expresses-Concern-Over-Civilian-Casualties-in-Libya-127575668.html

42. "Isolation along with air strikes take toll in Gaddafi's Libya," Reuters, 12 August 2011, http://www.reuters.com/article/2011/08/12/us-libya-hospitals-idUSTRE77B35V20110812

43. "Rebel envoy rejects option of Gadhafi staying in Libya," Clare Byrne, DPA, 9 August 2011, http://www.monstersandcritics.com/news/europe/news/article_1655883.php/INTERVIEW-Rebel-envoy-No-question-of-Gaddafi-staying-in-Libya

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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