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ICC Suspect Saif Al-Islam Gaddafi Arrested: Latest Media Statements

19 Nov 2011

Dear all,

It was reported on 19 November 2011 that International Criminal Court (ICC) suspect Saif Al-Islam Gaddafi, was arrested by Libyan authorities in southern Libya. The former Libyan government spokesman—son of former Libyan leader of Muammar Gaddafi—is wanted by the ICC for crimes against humanity allegedly committed in Libya since 15 February 2011 onwards.

An ICC arrest warrant remains outstanding for Abdullah Al-Senussi, former director of military intelligence. Muammar Gaddafi, for whom an ICC arrest warrant had also been issued, died on 20 October 2011.

Please find below latest media statements issued by members of the Coalition for the International Criminal Court (I) and by the International Criminal Court (II) regarding this development.

Please also 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

I. COALITION MEMBERS STATEMENTS

1.“Libya: Transfer Saif al-Islam to the International Criminal Court,” Amnesty International, Press Release, 19 November 2011, http://www.amnesty.org/en/news/saif-gaddafi-must-be-transferred-safely-icc-2011-10-28

“The National Transitional Council (NTC) must transfer Saif al-Islam Gaddafi to face investigation at the International Criminal Court (ICC), Amnesty International said today after reports that he has been captured near the border with Niger.

"If reports are correct that Saif al-Islam al-Gaddafi has been captured by the Libyan authorities, he must be handed over to the ICC, and his safety and rights must be guaranteed," said Hassiba Hadj Sahraoui, Amnesty International's Middle East and North Africa Deputy Director.

"After what happened after the capture of Mu’ammar and Mu’tassim al-Gaddafi, we hold the NTC responsible for preventing similar harm coming to Saif al-Islam al-Gaddafi, so that he can face justice for his alleged crimes in a fair trial with no death penalty."

"Investigating Saif al-Islam before the ICC offers an opportunity to ensure justice, truth and reparation for the victims of the crimes against humanity he is charged with committing against the Libyan people - justice that may have been denied with the apparently unlawful killing of Mu'ammar al-Gaddafi."

In June, the ICC issued an arrest warrant for Saif al-Islam Gaddafi, along with Colonel Mu’ammar al-Gaddafi and former Libyan intelligence chief Abdullah al-Senussi, on two counts of crimes against humanity – murder and persecution.”

2.“Libya: Surrender Saif al-Islam Gaddafi to ICC --- Ensure Humane Treatment in Custody,” Human Rights Watch, Press Release, 19 November 2011, http://www.hrw.org/

“Libya’s National Transitional Council (NTC) should uphold its international legal obligations and promptly surrender Saif al-Islam Gaddafi, a son of Muammar Gaddafi, to the International Criminal Court (ICC), Human Rights Watch said today.

The forces reportedly holding Saif al-Islam Gaddafi in the town of Zintan and the NTC must ensure that he is treated humanely in custody, Human Rights Watch said.

Saif al-Islam Gaddafi, who was reportedly apprehended on November 19 in southern Libya, is subject to an ICC arrest warrant for crimes against humanity in an investigation authorized by United Nations Security Council Resolution 1970. The resolution requires the cooperation of Libyan authorities with any ICC investigation into serious crimes committed in Libya, including the surrender of ICC suspects.

“The authorities will send an important message that there’s a new era in Libya, marked by the rule of law, by treating Saif al-Islam humanely and surrendering him to the ICC,” said Richard Dicker, international justice director at Human Rights Watch. “His fair prosecution at the ICC will afford Libyans a chance to see justice served in a trial that the international community stands behind.”

Human Rights Watch has documented recent cases of mistreatment in detention in Tripoli and Misrata, as well as apparent summary executions of suspected Gaddafi supporters by anti-Gaddafi fighters.

The apparent killings in custody of Muammar Gaddafi and his son Muatassim Gaddafi on October 20 are particular cause for concern about Saif al-Islam’s treatment, Human Rights Watch said.

On March 3, the ICC opened an investigation into serious crimes committed in Libya since February 15. The UN Security Council had referred the situation there to the ICC in Resolution 1970 on February 26.

On June 27, the ICC judges authorized three arrest warrants, for Muammar Gaddafi, his son Saif al-Islam Gaddafi, and Libya’s intelligence chief, Abdullah Sanussi, who is reportedly still at large. The three were wanted on charges of crimes against humanity for their roles in attacks on civilians, including peaceful demonstrators. These attacks were committed in Tripoli, Benghazi, Misrata and other locations in Libya. Consistent with Resolution 1970, the ICC warrants apply only to events in Libya beginning on February 15. Fair domestic trials for crimes committed before that date will thus be vital to ensuring redress for victims and respect for the rule of law in the country, Human Rights Watch said.

Surrendering Saif al-Islam Gaddafi to the ICC would not prevent the new Libyan authorities from preparing their own cases against him and others concerning events since February 15 or before. Security Council Resolution 1970 requires the Libyan authorities to cooperate fully with the ICC. This includes surrendering him to the court. Should the Libyan authorities wish to try Saif al-Islam Gaddafi domestically for crimes in the ICC's arrest warrant, they can challenge – through a legal submission – the court's jurisdiction over the case. The Libyan authorities will have to show that they are genuinely able and willing to prosecute the case in fair and credible proceedings. Demonstrating an ability to fairly prosecute Saif al-Islam Gaddafi would likely require swift and substantial reform of the judicial system, Human Rights Watch said.

For the ICC to find that the case is inadmissible, and that it must be returned to Libya for prosecution, the Libyan proceedings must encompass both the person and the conduct that are the subject of the case before the ICC. Ultimately, it is up to the ICC judges to determine whether any national proceedings exist that would trump the court's ability to hear this case. Because the ICC is a judicial institution, its proceedings must run their independent course.

“The ICC’s prosecution of Saif al-Islam Gaddafi for crimes he allegedly committed in 2011 will not preclude prosecutions by Libyan courts for other grave crimes committed during his father's rule,” Dicker said. “Right now the NTC is burdened with many challenges, and taking on this legal proceeding will require extensive resources and capacity.” …”

3. “Libya / Capture of Saif al-Islam: NPWJ calls for fair trial,” No Peace Without Justice, Press release, 19 November 2011, http://www.npwj.org/ICC/Libya-Capture-Saif-al-Islam-NPWJ-calls-fair-trial.html

" Statement by Alison Smith, Legal Counsel of No Peace Without Justice:

“After weeks of waiting, months of conflict and years of repression, finally Saif al-Islam Gaddafi has been captured. As one of the accused masterminds behind the brutal attacks against the civilian population in Libya, it is critical that he be held to account in a fair trial that respects and upholds international standards.

"No Peace Without Justice and the Non-violent Radical Party, Transnational and Transparty, welcome the capture of Saif al-Islam Gaddafi and remind those holding him pending the formation of the Libyan Government of the need to ensure he is treated humanely and properly, in accordance with international standards. We are heartened by the actions taken to protect him so far and look forward to that continuing.

"We also welcome the expressed intention of the Libyan authorities to cooperate with the International Criminal Court in respect of Saif al-Islam's case. According to the principle of complementarity, the ICC has jurisdiction only if the Libyan authorities are unable or unwilling to investigate and prosecute the crimes of which Saif al-Islam has been accused. They are certainly willing; if they are unable for whatever reason, we expect Saif al-Islam to be transferred to The Hague to face trial before the ICC.

"In any event, we call on the international community to support Libya to fulfil its obligations either to investigate or prosecute or to transfer Saif al-Islam to face trial before the ICC. We urge the ICC to be ready to try Saif al-Islam themselves, preferably in Libya, by ensuring it is ready to establish a field presence and begin outreach to victims and the affected communities immediately. We further call on Libya and the international community to intensify efforts either to arrest al-Senussi or determine definitively that he has died.

"Today is a critical day for the victims in Libya; it is just the beginning of their long journey to obtain justice and redress. We must support them and support Libya in their efforts to secure justice, the rule of law, democracy and prosperity."

SEE ALSO:

4.“Q&A on the Arrest and Surrender of the Three ICC Suspects”, HRW, August 2011,
http://www.hrw.org/news/2011/08/26/libya-qa-arrest-and-surrender-three-international-criminal-court-suspects

II. ICC STATEMENTS

1. “International Criminal Court confirms arrest of Saif al-Islam,” Reuters, 19 November 2011, http://www.reuters.com/article/2011/11/19/us-libya-saif-icc-idUSTRE7AI0K220111119

“The International Criminal Court Prosecutor's Office said on Saturday it had received confirmation of the arrest of Muammar Gaddafi's son, Saif al-Islam, from Libya's Ministry of Justice.

"We are coordinating with the Libyan Ministry of Justice to ensure that any solution with regards to the arrest of Saif al-Islam is in accordance with the law," ICC prosecution office spokeswoman Florence Olara said. …”

2. “ICC prosecutor to go to Libya on Gaddafi son capture,” Reuters,19 November 2011, http://af.reuters.com/article/commoditiesNews/idAFL5E7MJ0CQ20111119

“ International Criminal Court Chief Prosecutor Luis Moreno-Ocampo said on Saturday he would go to Libya in a week's time to discuss next steps after the capture of Muammar Gaddafi's son, Saif al-Islam.

"I'm going to Libya to discuss how we manage this issue. But the news is Saif will get justice. Where and how, that we will discuss," Moreno-Ocampo told reporters. …”

3. “Saif Al Islam Gaddafi Reportedly Captured,” AP/ Huffington Post, 19 November 2011, http://www.huffingtonpost.com/2011/11/19/saif-al-islam-gaddafi-rep_n_1102707.html

“…. "The good news is that Seif al-Islam is arrested, he is alive, and now he will face justice," Ocampo said in an interview Saturday in The Hague.

Gadhafi's son – the only wanted member of the ousted ruling family to remain at large – was captured as he traveled with aides in a convoy in Libya's southern desert, Libyan officials said Saturday.

… An ICC spokesman said the court was waiting for proof that Seif al-Islam had been captured but stressed Libya has a legal obligation to cooperate with the international arrest warrant.

"First we have to verify if it really is him and that he's actually been arrested this time," the spokesman, Fadi El Abdallah, said. "If they decide they want to try the suspect in Libya instead of at the ICC, there's a necessary process."

He said the Libyans could formally request that the case be transferred, then ICC judges would make a decision.

"The main criteria is that he generally be prosecuted for the same crimes," the spokesman said. "For us there's an obligation, a legal obligation under international law, for the national government to cooperate with the ICC." …”


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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