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Libya: ICC Prosecutor to Report to UN Security Council: Latest Statements and News

02 Nov 2011

Dear all,

On Wednesday, 2 November 2011, International Criminal Court (ICC) Prosecutor
Luis Moreno-Ocampo will present a report to the United Nations Security Council
(UNSC) on the ICC investigation into alleged crimes committed in Libya since 15
February 2011. This is the first time the prosecutor will report to the UNSC
since the death of ICC suspect and former Libyan leader Muammar Mohammed Abu
Minyar Gaddafi on 20 October 2011. Current news reports indicate that the
remaining ICC suspects Saif Al-Islam Gaddafi-former Libyan government spokesman
and son of Muammar Gaddafi-and Abdullah Al-Senussi-former director of military
intelligence-may have fled Libya.

The ICC is the world's first and only permanent international court to prosecute
war crimes, crimes against humanity and genocide.

This message includes the latest information from the Office of the Prosecutor
of the ICC (I) Coalition members' statements (II), op-eds by Coalition
members (III) and other related news and opinion articles (IV) on the ICC
investigation 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

*************************************

I. ICC OFFICE OF THE PROSECUTOR WEEKLY BRIEFING

1. "After Muammar Gaddafi's death, ICC Prosecutor and INTERPOL
call for Saif Al-Islam Gaddafi to turn himself in to face justice," ICC
Office of the Prosecutor Weekly Briefing, Issue 102, 18 October - 24 October
2011,
http://www.icc-cpi.int/Menus/ICC/Structure+of+the+Court/Office+of+the+Prosecutor
/Weekly+Briefings/

"20 October - Following the confirmation by the National Transitional
Council of Colonel Gaddafi's death, INTERPOL and the ICC have called for
Saif Al-Islam Gaddafi to turn himself in. Both institutions will coordinate with
INTERPOL member countries to provide safe passage to The Hague where he is
wanted for crimes against humanity, including murder and persecution. States
Parties and the international community should work to secure Saif Al-Islam and
Al Sanussi's arrest and safe transfer (surrender) to The Hague. INTERPOL
Secretary General Ronald K. Noble and Prosecutor Moreno-Ocampo urged the former
Libyan leader's son Saif to give himself up and for the national
authorities of the country where he is hiding to guarantee and facilitate his
safe transfer to the Netherlands to face justice.

"Following my discussions with Prosecutor Moreno-Ocampo, we agree
that it is in the best interests of Saif Al-Islam Gaddafi as well as in
the interests of justice that he surrender himself as swiftly as possible and
face the charges leveled against him," said Secretary General Noble.
"Since our assistance was first requested, INTERPOL has been cooperating
with both the ICC and the National Transitional Council of Libya to ensure that
those individuals wanted for a range of serious crimes are located, apprehended
and brought to justice," added the INTERPOL Chief. "We call on all
member countries to work with the ICC and INTERPOL to see that Saif
Al-Islam Gaddafi is safely delivered to The Hague once he
surrenders," concluded the leader of the world police body.

25 October - Rhissa ag Boula, an adviser to Niger's president, said he
was in touch with Tuareg, who are helping guide Saif Al-Islam Gaddafi across the
desert from Libya to Algeria and finally to Niger. Boula stated that: "If
he comes here, the government will accept him, but the Government will also need
to respect its international obligations. It's up to him to decide
(whether to come to Niger)." Niger's government has said that
members of the Gaddafi regime wanted by the ICC will be turned over to the
Court."

II. COALITION MEMBERS' STATEMENTS

1. "The ACIJLP urges the National Transitional Council of Libya to ratify
and access to the ICC," The Arab Center for the Independence of the
Judiciary and the Legal Profession (ACIJLP), 31 October 2011,
http://www.iccnow.org/documents/ACIJLP_Libya_accession_to_ICC_statement__2_.pdf

"The Arab Center for the Independence of the Judiciary and the Legal
Profession (ACIJLP) urges the National Transitional Council of Libya to take
quick actions to ratify and access to the ICC for the prosecution and trial of
those involved in committing the most serious crimes witnessed by Libya since
15th February 2011. Such crimes are represented in crimes against humanity and
war crimes committed by the former Libyan President and his regime against the
Libyan people.

The ACIJLP believes that the ratification and the accession of Libya to the
International Criminal Court, will enable Libya to benefit from the principle of
complementarity between the national judiciary in Libya and the judiciary of the
ICC, so the perpetrators and those accused of crimes referred to it will not
escape from the prosecution and penalty under trials which take into account the
standards and regulations for fair equitable trial.

The ACIJLP also believes that that the number of the crimes that are committed
against the Libyan people during the regime of the former Libyan president in
general and what Libya has witnessed in the period of 15th February 2011 and
until the declaration of the Liberation of Libya completely at the end of the
month of October of that year, require the application of the international
criminal law and the help of the ICC as the most important international
judicial mechanisms on the consolidation of international criminal justice,
especially as the Libyan punitive legislation, like the most punitive
legislation in the Arab countries, does not include crimes against humanity, war
crimes, genocide or crimes of aggression, crimes that fall within the scope
jurisdiction of the ICC. Moreover, the Arab judicial bodies are not exposed to
such issues or crimes before. Thus, the International Criminal Court- taking
into account the principle of complementarity between ICC and the national
judiciary- has inherent jurisdiction to prosecute the accused persons in order
to support the effective and fair trials'.¡É

SEE ALSO:

2. "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

3. "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

4. "Libya: Global NGO urges Libyan interim authorities to join
ICC," PANA, 28 October 2011,
http://www.afriquejet.com/icc-libya-2011102826227.html

5. "Libya: Militias Terrorizing Residents of 'Loyalist'
Town," Human Rights Watch, 30 October 2011,
http://www.hrw.org/news/2011/10/30/libya-militias-terrorizing-residents-loyalist
-town

"Militias from the city of Misrata are terrorizing the displaced
residents of the nearby town of Tawergha, accusing them of having committed
atrocities with Gaddafi forces in Misrata, Human Rights Watch said today. The
entire town of 30,000 people is abandoned - some of it ransacked and burned -
and Misrata brigade commanders say the residents of Tawergha should never
return.

''Revenge against the people from Tawergha, whatever the accusations
against them, undermines the goal of the Libyan revolution,' said Sarah
Leah Whitson, Middle East and North Africa director at Human Rights Watch.
'In the new Libya, Tawerghans accused of wrongdoing should be prosecuted
based on the law, not subject to vigilante justice.'

The National Transitional Council (NTC) should bring central command and
control, as well as accountability, to the more than 100armed groups from
Misrata, Human Rights Watch said. Anyone abusing Tawerghans, or preventing their
return, is committing a criminal offense.¡É

6. "Saif Gaddafi must be transferred safely to ICC," Amnesty
International, 28 October 2011,
http://amnesty.org/en/news/saif-gaddafi-must-be-transferred-safely-icc-2011-10-2
8

"Saif al-Islam Gaddafi must be allowed to surrender to the International
Criminal Court to face investigation for crimes against humanity, Amnesty
International said today amid reports that the fugitive son of Colonel
al-Gaddafi is willing to turn himself in'.

'If reports are correct that Saif al-Islam Gaddafi and Abdullah
al-Senussi are willing to hand themselves over to the International Criminal
Court, they must be allowed to do so and their safety and rights must be
guaranteed,' said Marek Marczynski from Amnesty International's
International Justice Team.

'The National Transitional Council and neighbouring governments must
ensure their safe detention and prompt transfer to The Hague for investigation,
whether they surrender voluntarily or are arrested and transferred.''¡É

7. "Libya: Transitional Council Failing to Secure Weapons," Human
Rights Watch, 25 October 2011,
http://www.hrw.org/news/2011/10/25/libya-transitional-council-failing-secure-wea
pons

"Vast amounts of unsecured explosive weapons, including surface-to-air
missiles, remain unguarded in the area around Sirte, Libya, Human Rights Watch
said today. The National Transitional Council (NTC), Libya's transitional
government, has promised for months that it would secure weapons facilities.

Two unguarded sites near Sirte inspected by Human Rights Watch on October 22,
2011, contained surface-to-air missiles, tank and mortar rounds, large numbers
of munitions, and thousands of guided and unguided aerial weapons'.

''Now that fighting has ended, one of the NTC's top priorities
should be securing weapons facilities, and bringing the unchecked flow of arms
in the country under control,' Bouckaert said. 'The evidence at
these sites indicates that there is no time to waste.'¡É

8. "Libya: Apparent Execution of 53 Gaddafi Supporters," Human
Rights Watch, 24 October 2011,
http://www.hrw.org/news/2011/10/24/libya-apparent-execution-53-gaddafi-supporter
s

"Fifty-three people, apparent Gaddafi supporters, seem to have been
executed at a hotel in Sirte last week, Human Rights Watch said today. The hotel
is in an area of the city that was under the control of anti-Gaddafi fighters
from Misrata before the killings took place.

Human Rights Watch called on Libya's National Transitional Council (NTC)
to conduct an immediate and transparent investigation into the apparent mass
execution and to bring those responsible to justice'.¡É

9. "Libya: Investigate Deaths of Gaddafi and Son," Human Rights
Watch, 22 October 2011,
http://www.hrw.org/news/2011/10/22/libya-investigate-deaths-gaddafi-and-son

"The National Transitional Council (NTC) in Libya should promptly open an
independent and impartial investigation with international participation into
the deaths of the former leader Muammar Gaddafi and his son Muatassim Gaddafi,
Human Rights Watch said today.

The NTC and other sources reported the deaths of both men in Sirte on October
20, 2011. It is unclear whether the men died from wounds received in combat or
were killed in custody. However, information obtained by Human Rights Watch, as
well as videos and photographs apparently taken that day showing both men alive
in the custody of anti-Gaddafi forces, indicate that they might have been
executed after being detained.

'There is ample evidence to open a credible investigation into the deaths
of Gaddafi and his son Muatassim,' said Sarah Leah Whitson, Middle East
and North Africa director at Human Rights Watch. 'Finding out how they
died matters. It will set the tone for whether the new Libya will be ruled by
law or by summary violence.'

The willful killing of a person in custody is a serious violation of the laws of
war and is a war crime that could be prosecuted by the International Criminal
Court, Human Rights Watch said. The laws of war also oblige parties to a
conflict to provide medical care to captured combatants.

'Two senior Gaddafi officials wanted by the International Criminal Court
remain unaccounted for: Gaddafi's son Seif al-Islam Gaddafi and
Libya's former intelligence chief Abdullah Sanussi. Both men, when
captured, should be transferred to the International Criminal Court, Human
Rights Watch said."

10. "Libya urged to investigate whether al-Gaddafi death was a war
crime," Amnesty International, 21 October 2011,
http://amnesty.org/en/news-and-updates/libya-urged-investigate-whether-al-gaddaf
i-death-was-war-crime-2011-10-21

"Amnesty International today urged the new Libyan authorities to ensure a
full, independent and impartial investigation into how Colonel Mu'ammar
al-Gaddafi died, saying if he was deliberately killed in captivity it would
constitute a war crime. Video footage which emerged yesterday appears to show
that Colonel al-Gaddafi was alive when he was captured by anti-Gaddafi troops in
Sirte yesterday.

'If Colonel al-Gaddafi was killed after his capture, it would constitute
a war crime and those responsible should be brought to justice,' said
Claudio Cordone, Senior Director at Amnesty International.

'Investigating whether or not his death was a war crime might be
unpopular. However, the NTC must apply the same standards to all, affording
justice even to those who categorically denied it to others.'

'Bringing al-Gaddafi to trial would have finally given his numerous
victims answers as to why they were targeted and an opportunity for justice and
reparations.'

An investigation would help to clarify many of the conflicting reports which
have circulated about Colonel a-Gaddafi's fate after his hometown of
Sirte fell under the control of the National Transitional Council (NTC). If the
NTC is unable to guarantee an independent and impartial investigation, the
investigation should be conducted by international bodies such as the
International Criminal Court (ICC) or UN rights mechanisms. The UN Office for
the High Commissioner of Human Rights also called today for an inquiry into the
former leader's death.

'There are conflicting reports on whether Saif al-Islam and Abdullah
al-Senussi remain at large or have also been captured or killed.

If captured, the NTC must ensure that they - and all those suspected of war
crimes, crimes against humanity and other crimes under international law - are
treated humanely and given fair trials'. "

11. "Africa without Qaddafi: The Case of Chad," International
Crisis Group, 21 October 2011,
http://www.crisisgroup.org/en/publication-type/media-releases/2011/africa/africa
-without-qaddafi-the-case-of-chad.aspx

"The fall of Qaddafi's regime, followed by his death on 20
October, could pave the way to promises of democracy in Libya but left
neighbouring countries facing new potential problems that could threaten
stability in the region.

Africa without Qaddafi: The Case of Chad, the latest report from the
International Crisis Group, warns that those potential new problems created by
the upheavals related to Qaddafi's demise include a massive flight home
of migrants, the possible resurgence of militant Islamism and the proliferation
of fighters and weapons. Several uncertainties remain regarding the future of
Chad-Libyan relations. Will the Chadian government and the new rulers of Tripoli
be able to win each other's trust and put aside grievances born during
the eight months of crisis? How will the volatile situation in Libya's
south impact on these relations? What will be Libya's new policy on the
Chad-Sudan equation? More generally, given Qaddafi's impact on the
continent, what will be Libya's new relationship with the rest of Africa?

''Due to the length of his reign, his influence abroad and strong
patronage politics, Qaddafi's shadow will continue to be felt in Libya
and neighbouring countries', says Central Africa Project Director Thierry
Vircoulon. 'It is too early to say whether the changes will turn into
medium- and long-term factors of instability in the region, but Chad's
uncertainties show what Africa without Qaddafi may look like'.¡É

READ THE FULL REPORT: "Africa without Qaddafi: The Case of Chad,¡É
Africa Report No. 180, International Crisis Group, 21 October 2011,
http://www.crisisgroup.org/~/media/Files/africa/central-africa/chad/180 LAfriq
ue sans Kadhafi - le cas du Tchad.pdf (In French)

12. "Citizens for Global Solutions: Qaddafi's Death Denies Justice
for Libyan People," Citizens for Global Solutions, 20 October 2011,
http://globalsolutions.org/files/public/Qaddafi's Death Denies Justice%2
0For Libyan People.pdf

"As Col. Mummar Qaddafi's capture and death is reported around the
globe, Citizens for Global Solutions believes that justice has been denied to
the Libyan people.

Don Kraus, Chief Executive Officer of Citizens for Global Solutions and Co-Chair
of the Washington Working Group on the International Criminal Court (WICC)
stated, 'The Libyan people deserved to see Qadaffi put on trial before
the International Criminal Court in the Hague to answer for the horrendous
crimes committed against civilians. His death on the battlefield denies his
victims the redress they are owed. No leader should be allowed to use helicopter
gunships and heave weapons and sniper on unarmed protestors.'

The U.N. Security Council referred the situation in Libya to the International
Criminal Court and arrest warrants were issued against Col. Qaddafi, his son
Saif Al-Islam, and his military intelligence chief, Abdullah Al-Senussi for
crimes against humanity in June.

Kraus noted, 'With reports of the deaths of Al-Senussi last month and
Qaddafi today, it is now up to the National Transitional Council to cooperate
with the International Criminal Court by handing over Saif Al-Islam for
prosecution, to secure justice and accountability for the victims in
Libya.'

Kraus said, 'By sending Saif Al-Islam to the ICC for trial, it will show
other tyrants and human rights abusers around the world that even if they are
heads of state, they will not enjoy immunity from international law, and will be
held responsible for their crimes.''¡É

SEE ALSO: "Qaddafi's Death Denies Justice for Libyan People,¡É
Julia Bunting, Citizens for Global Solutions, 21 October 2011,
http://globalsolutions.org/blog/2011/10/qaddafis-death-denies-justice-libyan-peo
ple

II. COALITION MEMBERS' OP-EDS

1. "The Murder Brigades of Misrata," Daniel Williams, Human Rights
Watch, Salon.com, 28 October 2011,
http://www.salon.com/2011/10/28/the_murder_brigades_of_misrata/singleton/

"If anyone is surprised by the apparent killing of Moammar Gadhafi while
in the custody of militia members from the town of Misrata, they
shouldn't be.

More than 100 militia brigades from Misrata have been operating outside of any
official military and civilian command since Tripoli fell in August. Members of
these militias have engaged in torture, pursued suspected enemies far and wide,
detained them and shot them in detention, Human Rights Watch has found. Members
of these brigades have stated that the entire displaced population of one town,
Tawergha, which they believe largely supported Gadhafi avidly, cannot return
home'.¡É

2. "Justice in Libya: the Hybrid Court Option," Alison Cole, Open
Society Blog, 26 October 2011,
http://blog.soros.org/2011/10/justice-in-libya-the-hybrid-court-option/

"Just days after the killing of Muammar al-Qaddafi, the former Libyan
ruler, there are unconfirmed reports that his son Saif al-Islam al-Qaddafi and
his former intelligence chief Abdullah al-Senussi are both seeking to surrender
themselves to the International Criminal Court (ICC), where both are the subject
of arrest warrants. This latest twist again focuses attention on the
relationship between Libya's new leadership and the ICC, and on the broad
question of how to obtain accountability for national and international crimes.

It is important to recognise that national and international justice efforts
could run side by side in Libya. Beyond the ICC cases, the international
community could help the development of innovative approaches to justice in
Libya, perhaps through creating a 'hybrid' court that would be
able to try suspects for atrocities that constitute war crimes or crimes against
humanity under international law, as well as crimes under local law'.

'The ICC Rome Statute framework recognizes the limits on the ICC's
jurisdiction through its provisions asserting that the ICC is to complement
national legal processes. This principle of 'complementarity'
acknowledges the primary responsibility of the national authorities in providing
accountability for international crimes allegedly committed by the Qaddafi
regime and the Transitional National Council (TNC) beyond those indicted by the
ICC. Complementarity is therefore central to the rule of law programming in
building the post-Qaddafi Libya.

'For the vast majority of the potential cases, Libya must prepare its
justice system to process mass allegations of international crimes. A hybrid
court could be a valuable tool in the effort to secure justice.¡É

3. "Gaddafi's death: what next for the ICC?" Alison Cole, Open
Society Institute, The Guardian, 21 October 2011,
http://www.guardian.co.uk/law/2011/oct/21/gaddafi-death-what-next-for-icc

"Now it's been confirmed that Colonel Muammar Gaddafi has been killed,
the case against him at the international criminal court (ICC) is over. But
there are still legal steps to be taken. How can Gaddafi's death be confirmed
for the purposes of the ICC proceedings?

The ICC has previously faced circumstances where an indicted suspect died before
arrest.

In the Uganda situation, Raska Lukwiya was indicted by the ICC on charges
pertaining to atrocities in the Northern Uganda committed by the Lords
Resistance Army (LRA). He was killed during battle with Ugandan government
forces. Both the ICC prosecutor and the Ugandan government requested assistance
from the Netherlands Forensic Institute of the Dutch Ministry of Justice to
submit a forensic report confirming the human remains, as the person subject to
the ICC arrest warrant. The Ugandan government cooperated in providing Lukwiya's
death certificate. The judges found that 'the purpose of criminal
proceedings is to determine criminal responsibility and that the Chamber cannot
exercise jurisdiction over a person who has deceased'. Importantly, the
judges noted that protective measures for witnesses and victims continue
regardless of whether proceedings have been terminated.

Following this precedent, we can anticipate that the ICC prosecutor could repeat
the same request to the Dutch forensic authorities.

...Although the death of Gaddafi ends the proceedings at the ICC, there are
still two fugitives as a result of the ICC investigations into the events in
Libya who must be arrested and transferred to The Hague. The question facing the
ICC now is: where are Saif Al-Islam Gaddafi and Abdullah Al-Senussi.¡É

4. "Justice in Libya: Qaddafi's Death is Not the End of the
Story," Tracy Gurd, Open Society Blog, 20 October 2011,
http://blog.soros.org/2011/10/justice-in-libya-qaddafis-death-is-not-the-end-of-
the-story/

"Muammar al-Qaddafi's brutal death at the hands of angry Libyan
fighters after his capture in Sirte marks the end of an infamous leader of a
brutal regime. His killing, however, deprived the Libyan people of the
opportunity to see him called to account in court for at least his alleged role
in murders and attacks on opponents since the rebellion against his rule began
in February this year.

'Prosecution of the remaining two fugitives would contribute to realizing
the hopes of the Security Council when it referred the crimes in Libya to the
International Criminal Court in the first place: the maintenance of peace and
security in the face of 'gross and systematic violation of human
rights.' An ICC prosecution, reinforced by a parallel process of national
trials for subordinates accused of similar crimes, would help to re-establish
the rule of law in the new Libya-currently tarnished by Qaddafi's apparently
summary killing'.¡É

III. RELATED NEWS AND OPINIONS

1. "Justice Minister: Gaddafi's Son Should be Tried in Libya
First," Reuters, 31 October 2011,
http://www.thisdaylive.com/articles/justice-minister-gaddafi-s-son-should-be-tri
ed-in-libya-first/101742/

2. "Niger: Saif al-Islam Gadhafi Would be Transferred Over to
ICC," Scott Stearns, VOA News, 31 October 2011,
http://www.voanews.com/english/news/Niger-Saif-al-Islam-Gadhafi-Would-be-Transfe
rred-Over-to-ICC-132912058.html

3. "Gaddafi 'wanted death, not ICC trial'," AFP, 31
October 2011,
http://www.news24.com/Africa/News/Gaddafi-wanted-death-not-ICC-trial-20111031

4. "SA link as Gaddafi's son 'flees to Zim',¡É
Iol News, 30 October 2011,
http://www.iol.co.za/news/africa/sa-link-as-gaddafi-s-son-flees-to-zim-1.1167532

5. "REFILE-ICC's Ocampo: 'substantial evidence' against
Gaddafi son," Chris Buckley, Reuters, 30 October 2011,
http://af.reuters.com/article/commoditiesNews/idAFL4E7LU03A20111030?sp=true

7. "With future for Saif al-Islam unknown, Niger wary," Mark John,
Reuters, 30 October 2011,
http://www.reuters.com/article/2011/10/30/us-libya-idUSTRE79S34620111030

8. "Let ICC investigate Gaddafi's murder - Falana,¡É
Vanguard, 30 October 2011,
http://www.vanguardngr.com/2011/10/let-icc-investigate-gaddafis-murder-falana/

10. "ICC fears son of Libya's Gaddafi may flee justice," Barry
Malone and Chris Buckley, Reuters, 29 October 2011,
http://in.reuters.com/article/2011/10/29/idINIndia-60176420111029

11. "Vengeance, but not truth," David Scheffer, Journal Sentinal
Online, 29 October 2011,
http://www.jsonline.com/news/opinion/vengeance-but-not-truth-132831488.html

12. "ICC must look at both sides in Libya," Daily Nation, 29
October 2011,
http://www.nation.co.ke/oped/Editorial/ICC+must+look+at+both+sides+in+Libya+/-/4
40804/1263978/-/u0qjn3z/-/

13. "Gaddafi son eyes safety, talks to Hague," Reuters, 29 October
2011,
http://ibnlive.in.com/news/gaddafi-son-eyes-safety-talks-to-hague/197103-2.html

14. "ICC's key question will be whether Saif al-Islam gave direct order
to fire on protesters," David Smith, The Guardian, 28 October 2011,
http://www.guardian.co.uk/world/2011/oct/28/icc-saif-islam-order-fire?newsfeed=t
rue

15. "Ocampo starts packing for Libya," Richard Walker, RNW, 28
October 2011,
http://www.rnw.nl/international-justice/article/ocampo-starts-packing-libya

16. "Video suggests Qaddafi sexually assaulted before death," The
National, 28 October 2011,
http://www.thenational.ae/news/worldwide/video-suggests-qaddafi-sexually-assault
ed-before-death?pageCount=0

17. "Gaddafi needed to face a fair trial," Sam Makinda, Business
Daily, 27 October 2011,
http://www.businessdailyafrica.com/Opinion+++Analysis/Gaddafi+needed+to+face+a+f
air+trial+/-/539548/1263128/-/l31wjuz/-/

18. "Officials: Gadhafi's Intelligence Chief in Mali," VOA News,
27 October 2011,
http://www.voanews.com/english/news/africa/Officials-Gadhafis-Intelligence-Chief
-in-Mali-132714343.html

19. "Q+A-How prosecution of Saif al-Islam would play out," Aaron
Gray-Block, Reuters, 27 October 2011,
http://af.reuters.com/article/commoditiesNews/idAFL5E7LR3IJ20111027?sp=true

20. "Surrender of Qaddafi's son would pose challenges for
ICC," Aaron Gray-Block, Reuters, 27 October 2011,
http://english.alarabiya.net/articles/2011/10/27/174050.html

21. "Niger obliged to co-operate with ICC says official," AFP, 26
October 2011,
http://www.expatica.com/nl/news/dutch-news/niger-obliged-to-co-operate-with-icc-
says-official_184651.html

22. "Official: Gadhafi's intelligence chief in Niger," Rukmini
Callimachi, AP, 26 October 2011,
http://www.google.com/hostednews/ap/article/ALeqM5jq_v_izXjy1QNyIT3sVMfAUgOKRQ?d
ocId=f88ffd0c72b94241a5061a162e009c4f

23. "Gaddafi son, intelligence chief 'want to
surrender'," Samia Nakhoul, Reuters, 26 October 2011,
http://www.reuters.com/article/2011/10/26/us-libya-gaddafi-son-idUSTRE79P54R2011
1026

24. "Kadhafi family to file NATO war crimes complaint," AFP, 26
October 2011,
http://www.google.com/hostednews/afp/article/ALeqM5gvlhl5jDadetqJh0M2Z9o7ytWWyw?
docId=CNG.a69844f3690cbcf8b940a50b773de124.4b1

25. "Kadhafi son Seif al-Islam near Niger border: Tuareg source,¡É
AFP, 25 October 2011,
http://www.google.com/hostednews/afp/article/ALeqM5jL7dBz7yTlKye2n22XWGKZ9u1oig?
docId=CNG.779d04bf2350a72fdfa0f3e31787f821.41

26. "Qaddafi son Saif al-Islam said fleeing Libya," CBS/AP, 25
October 2011,
http://www.cbsnews.com/8301-202_162-20125143/qaddafi-son-saif-al-islam-said-flee
ing-libya/

27. "Before Qaddafi's Death, U.S. Debated His Future," Mark
Landler, New York Times, 24 October 2011,
http://www.nytimes.com/2011/10/25/us/politics/before-qaddafis-death-us-debated-h
is-future.html?_r=3

28. "The Coming Wave of War Crime Prosecutions in Libya," Robert
Chesney, Lawfare, 24 October 2011,
http://www.lawfareblog.com/2011/10/the-coming-wave-of-war-crime-prosecutions-in-
libya/

29. "US urges Libya to probe alleged executions," AFP, 24 October
2011,
http://www.google.com/hostednews/afp/article/ALeqM5gXRCIoSTNyV4C1hh1e0CaDsSPYnQ?
docId=CNG.a9e4b16a0529fb9f02391f9eb3cdd346.231

30. "Gadhafi's Heirs: Dead Dictator's Sons Speak Out," Jeffrey
Kofman and Kevin Dolak, ABC News, 24 October 2011,
http://abcnews.go.com/International/gadhafis-heirs-dead-dictators-son-speaks/sto
ry?id=14800336

31. "53 bodies found in Sirte; Loyalists executed?," CBS/AP, 24
October 2011,
http://www.cbsnews.com/8301-202_162-20124710/probe-sought-of-rights-abuses-by-li
byan-rebels/

32. "Will Seif Gaddafi survive to have his day in court?,¡É
Franklin Lamb, The Nation (Pakistan), 23 October 2011,
http://nation.com.pk/pakistan-news-newspaper-daily-english-online/International/
23-Oct-2011/Will-Seif-Gaddafi-survive-to-have-his-day-in-court

33. "South Africans were hired to help Gaddafi escape: report,¡É
Hannah Dunphy, IJ Central, 23 October 2011,
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t/

34. "Libya leadership 'stained' by Kadhafi killing: Britain," AFP,
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*************************************
CICC's policy on the referral and prosecution of situations before the ICC:

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