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Global NGO coalition urges the National Transitional Council of Libya to prioritize ratification of the Rome Statute

27 Oct 2011

Dear All,

On 26 October 2011, the Coalition for the International Criminal Court (ICC) sent a letter to H.E. Mustafa Abdul Jalil, president of Libya's National Transitional Council (NTC), urging Libya to prioritize ratification of the Rome Statute, the founding treaty of the ICC, among other key humanitarian and human rights instruments. The Coalition also urged the NTC to bring to justice Saif Al-Islam Gaddafi, former Libyan government spokesman and son of Muammar Gaddafi, and Abdullah Al-Senussi, former director of military intelligence, for whom ICC arrest warrants remain outstanding.

Please find below a press release from the Coalition for the ICC (I) regarding the letter to the NTC, as well as the letter itself (II).

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

For additional information you may refer to the Coalition's website at www.coalitionfortheicc.org<http://www.coalitionfortheicc.org/>

Best regards,

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

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I. COALITION PRESS RELEASE

1. "Global NGO coalition urges the National Transitional Council of Libya to prioritize ratification of the Rome Statute: Ratification would be an important expression of democratic reform and commitment to the rule of law," Coalition for the ICC Press Release, 27 October 2011, http://www.coalitionfortheicc.org/documents/Libya-_NTC-PR_FINAL.pdf

"Amman, Jordan/New York, NY-Libya's interim leaders should move quickly to ratify key international human rights and humanitarian law treaties, in particular the Rome Statute, the Coalition for the International Criminal Court (ICC) said today. The Rome Statute is the founding treaty of the ICC, the first permanent international court capable of trying perpetrators of genocide, crimes against humanity and war crimes.

In a letter sent today to H.E. Mustafa Abdul Jalil, president of the National Transitional Council (NTC), the Coalition stressed that ratifying key humanitarian and human rights instruments would be an important expression of democratic reform and evidence to the Libyan people that their demands for justice and the protection of human rights have been heard.

'The NTC stands in a critical moment. It can come out of the gates ensuring a new path toward justice and accountability as it begins its rebuilding,' said Brigitte Suhr, director of Regional Programs for the Coalition for the ICC. 'Ratifying now sends a powerful message that the old way is over and the new way will give respect to hopes and dreams that led to [Muammar] Gaddafi's downfall.'

The Coalition urged the NTC to take a similar path as Tunisian Interim Government did earlier this year. Following the Tunisian revolution in January 2011 and the ousting of President Zine El Abidine Ben Ali, the Tunisian Interim Government's first cabinet meeting resulted in a decision, conveyed in a press conference that followed, to ratify the Rome Statute, together with other key treaties. In the subsequent months, the Government, among its many other priorities, made good on its decision, publishing its approval of the Rome Statute in the Official Gazette on 19 February 2011 and depositing its instrument of accession to the Rome Statute of the ICC and the Agreement on Privileges and Immunities of the International Criminal Court on 24 and 29 June 2011 respectively, at the United Nations Headquarters in New York.

Currently, the Arab League has four members that are state parties to the ICC: the Comoros Islands, Djibouti, Jordan and most recently Tunisia. The Coalition has long called on all MENA governments to demonstrate their commitment to justice by joining the ICC.

'In this period of transition in the MENA region, the principles embodied by the Rome Statute should be a priority and ratification of the Statute should be seriously considered now more than ever,' said Amal Nassar, MENA program officer for the Coalition. 'The time is right in the region to see real change and along with that change, a stronger commitment to justice.'

ICC arrest warrants remain outstanding for Saif Al-Islam Gaddafi, former Libyan government spokesman and son of Muammar Gaddafi, and Abdullah Al-Senussi, former director of military intelligence. In its letter, the Coalition also called on the NTC to arrest the remaining fugitives of justice and transfer them to the ICC...."

II. COALITION LETTER TO LIBYA'S NTC

1. "Letter to Libya's NTC urging ratification of the Rome Statute," William R. Pace and Brigitte Suhr, Coalition for the ICC, 26 October 2011, http://www.coalitionfortheicc.org/documents/NTC_Letter-Final-EN.pdf

"H.E. Mustafa Abdul Jalil
President
The National Transitional Council of Libya
Re: Prospects of Ratification of the Rome Statute of the International Criminal Court

Excellency,

We have the honor of writing to you on behalf of the Coalition for the International Criminal Court (CICC), a global network of more than 2,500 non-governmental and civil society organizations in 150 countries, campaigning for a fair, effective, and independent Court and increased access to justice for victims of crimes against humanity, genocide, and war crimes.

As the National Transitional Council (NTC) moves Libya toward fulfilling its people's wish for a democratic system that respects the rule of law, we urge you to prioritize the ratification of key
international human rights and humanitarian law treaties, in particular the Rome Statute for the International Criminal Court (RS) and the Agreement on Privileges and Immunities (APIC).

The Rome Statute establishes the International Criminal Court, the world's first and only permanent international Court with jurisdiction over genocide, crimes against humanity and war crimes. It operates under the principle of complementarity, recognizing the primary obligation to do justice resides with states. Only when states are unwilling or unable to investigate and prosecute these serious crimes, would be Court be able to step in.

Ratification of these important international instruments would reinforce the National Transitional Council's current work to advance the principles of democratic governance, justice, human rights and the rule of law and provide evidence to the Libyan people that their demands for justice and the protection of human rights have been heard.

We wish to bring to your attention the laudable actions of the Tunisian interim government earlier this year. Following the Tunisian revolution in January 2011 and the ousting of President Zine El Abidine Ben Ali, the Tunisian interim government's first cabinet meeting resulted in a decision, conveyed in a press conference that followed, to ratify the RS and the APIC, together with other key treaties. In the subsequent months, the government, among its many other priorities, made good on its decision, publishing its approval of the Rome Statute in the Official Gazette on February 19 and depositing its instrument of accession to the RS of the ICC and the APIC on 24 June 2011 and 29 June respectively, at the UN headquarters in New York. We urge your government to take a similar path, making clear to your people and the world that the new Libya will be a frontrunner for justice and human rights and will provide support for the Court at this time of change in the Middle East and North Africa, the single most underrepresented region.

In addition, following the death of Muammar Gaddafi, ICC arrest warrants remain outstanding for Saif Al-Islam Gaddafi and Abdullah Al-Senussi for alleged crimes against humanity committed
in Libya from 15 February 2011. We urge Your Excellency to cooperate in the arrest of these two suspects, and once detained, move swiftly to try the suspects nationally or to surrender them to the ICC.

Excellency, the Coalition urges you to seize this opportunity and momentum to reaffirm Libya's commitment to the fight against impunity, and to announce your intention to ratify the RS as soon as possible.

Sincerely,

William R. Pace
Convenor

Brigitte Suhr
Director of Regional Programs"

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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 Coalition 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 Coalition 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