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ICC Prosecutor s Report to UNSC on Libya Investigation: Additional Coalition Member Statement and Related News

05 May 2011

Dear all,

On 4 May 2011, the Prosecutor of the International Criminal Court (ICC), Luis Moreno-Ocampo addressed the United Nations Security Council on progress made in his investigation into recent violence in Libya. The prosecutor announced that in the next weeks his office will submit its first application for arrest warrants against three individuals regarding the situation in Libya. He also indicated that further cases may be opened in relation to other crimes committed as part of the ongoing hostilities in Libya.

This message includes a media statement by the International Federation for Human Rights (I), related news and opinions (II) and audiovisual materials (III).

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

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I. FIDH STATEMENT

1. “UN Security Council members must pledge to implement arrest warrants,” FIDH, 4 May 2011, http://www.fidh.org/Security-Council-members-must-pledge-to-implement

“The International Federation for Human Rights (FIDH) welcomes the report presented today by the Prosecutor of the International Criminal Court (ICC) to the United Nations Security Council. FIDH supports the Prosecutor's recommendation to the Security Council that it provides full support to the implementation of arrest warrants, once they have been issued. Such implementation will be key to deter further atrocities and to protect civilians.

The report is submitted following Security Council referral of the situation in Libya to the ICC, in accordance with resolution 1970 of 26 February 2011, which led to the opening of an investigation by the ICC on 3 March 2011. FIDH stresses that this was an unprecedented move: it was the first unanimous referral the ICC has ever received from the Security Council and this referral led to the opening of an investigation within only 5 days.
The preliminary findings of the investigation, which the Prosecutor has shared with the Security Council today, confirmed findings made by FIDH's member organisation in Libya, the Libyan League for Human Rights (LLHR), with respect to the situation in Libya since 15 February 2011. FIDH has repeatedly denounced the large-scale attacks launched against the civilian population, the massive displacement brought about by the conflict, as well as attacks specifically targeting foreign migrants. Today's report confirms that there is evidence that crimes against humanity and war crimes have been committed in Libya. These include murder, crimes of sexual violence, recruitment of child soldiers, as well as attacks deliberately targeted at persons or facilities protected by International Humanitarian Law.

The ICC Prosecutor has confirmed that the investigation has focused on those who bear the greatest responsibility for the crimes, including those who have financed, incited and otherwise planned the incidents. FIDH welcomes the Prosecutor's announcement of an imminent request for three arrest warrants to be issued for crimes committed in Libya. FIDH urges the ICC Prosecutor to continue his investigation in order to identify other alleged perpetrators.

FIDH supported the early opening of an ICC investigation in Libya, considering that such an investigation, culminating in the prosecution and arrest of key perpetrators, could play a fundamental role in deterring the commission of further atrocities. FIDH calls upon the relevant ICC Chamber to issue a decision on the Prosecutor's application for arrest warrants without delay.
If and when arrest warrants are issued, the cooperation of all relevant parties, including the Security Council, in ensuring their implementation will be paramount. FIDH urges Security Council members to express full support for the ICC investigation in Libya and commit to implementing arrest warrants in accordance with Security Council Resolution 1970, adopted under Chapter VII of the United Nations Charter.

FIDH stresses that the civilian population in Libya must be protected in accordance with International Humanitarian Law. Civilians and civilian objects may never be the object of attacks and all parties to the ongoing conflict must take measures to minimize harm to civilians and civilian objects. FIDH underlines that all those responsible for war crimes, committed by all sides to the conflict, including the North Atlantic Treaty Organisation (NATO) forces, should be held accountable, including before the ICC.”

II. RELATED NEWS AND OPINIONS

1. “ICC report supports charging Libyan forces,” UPI, 4 May 2011, http://www.upi.com/Top_News/US/2011/05/04/ICC-report-supports-charging-Libyan-forces/UPI-85631304509086/

2. “Prosecutor to seek arrest of 3 Libyans,” AP, 4 May 2011, http://www.google.com/hostednews/ap/article/ALeqM5hhX--d3uZJ3q089DU5_5soBLQ1Kg?docId=f99cc95226b247feb24bb60e60c1a661

3. “War crimes court to seek Libya warrants,” Al Jazeera, 4 May 2011, http://english.aljazeera.net/news/africa/2011/05/201154143536127689.html

4. “ICC to seek three Libya war crimes warrants,” AFP, 4 May 2011, http://www.theeastafrican.co.ke/news/ICC+to+seek+three+Libya+war+crimes+warrants/-/2558/1156340/-/2nw7iw/-/

5. “Libyan leaders face arrest on war crimes charges,” Julian Borger, The Guardian, 4 May 2011, http://www.guardian.co.uk/world/2011/may/04/libyan-leaders-face-arrest-war-crimes

6. “ICC prosecutor Moreno-Ocampo seeks warrants over Libya,” BBC, 4 May 2011, http://www.bbc.co.uk/news/world-africa-13277738

7. “ICC prosecutor seeks three arrest warrants on Libya,” Reuters, 4 May 2011, http://www.reuters.com/article/2011/05/04/us-libya-icc-idUSTRE7434JJ20110504

8. “Strong proof of Libya crimes against humanity: ICC,” Louis Charbonneau, Reuters, 2 May 2011, http://www.reuters.com/article/2011/05/02/us-libya-warcrimes-idUSTRE7417VU20110502

9. “AP Interview: International court prosecutor has 'strong evidence' of crimes in Libya,” Edith M. Lederer, AP, 2 May 2011, http://www.winnipegfreepress.com/world/breakingnews/ap-interview-intl-court-prosecutor-has-strong-evidence-of-crimes-against-humanity-in-libya-121114549.html

10. “War Crimes Committed in Libya, Says Former Special Court for Sierra Leone Prosecutor,” Peter Clottey, Voice of America, 5 May 2011, http://www.voanews.com/english/news/africa/War-Crimes-Committed-in-Libya-Says-Former-Special-Court-for-Sierra-Leone-Prosecutor--121273349.html

11. “Libya's Misrata pounded as ICC eyes crimes,” W.G. Dunlop, AFP, 1 May 2011, http://www.google.com/hostednews/afp/article/ALeqM5hHjNRBYsoE2VA9PK-_AHnJUHchmA?docId=CNG.5881951fda4c02236a27252f2e5bd99c.f1

III. AUDIOVISUAL MATERIALS

1. “Luis Moreno-Ocampo, Prosecutor (ICC) - Security Council Media Stakeout,” United Nations Webcast, 4 May 2011, http://www.unmultimedia.org/tv/webcast/2011/05/security-council-media-stakeout-105.html

2. “The evidence against Libya”, CNN, 4 May 2011,
http://www.cnn.com/video/data/2.0/video/world/2011/05/04/intv.libya.war.crimes.ocampo.cnn.html

3. “Leading Libyans Face Arrest”, Euronews, 4 May 2011,
http://www.euronews.net/2011/05/04/leading-libyans-face-arrest/

4. “ICC makes move against Gaddafi regime,” ABC, 5 May 2011, http://www.abc.net.au/worldtoday/content/2011/s3208551.htm

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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