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Libya: Latest Statements and News

23 Jan 2012

Dear all,

On 10 January 2012, Pre-Trial Chamber (PTC) I granted Libya an extension on the Court's request for observations regarding the arrest and detention of Saif Al-Islam Gaddafi. Libya now has until 23 January to file its observations. Saif Al-Islam Gaddafi is wanted by the ICC for crimes against humanity allegedly committed in Libya as of 15 February 2011.

Please find below PTC I's decision (I), along with the latest Coalition members' statements (II), and related news and opinion articles (III) on the 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. ICC DECISION

1. "Decision on the request of Libya for extension of time limit to submit observations regarding the arrest of Saif Al-Islam Gaddafi," ICC-01/11-01/11-42, International Criminal Court Pre-Trial Chamber I, Public Court Record, 10 January 2012, http://www.icc-cpi.int/iccdocs/doc/doc1297917.pdf

II. COALITION STATEMENTS AND PUBLICATIONS

1. "IN FOCUS: ICC Suspects Arrested in Libya," CICC Bulletin #26, November/December 2011, http://www.iccnow.org/documents/Bulletin_no26.pdf

"On 19 November 2011, International Criminal Court (ICC) suspect Saif Al-Islam Gaddafi was arrested by Libyan authori­ties. On 20 November, Abdullah Al-Senussi was also reportedly captured in the south of Libya. Both are wanted by the ICC for crimes against humanity allegedly committed in Libya as of 15 February 2011. While the Libyan authorities retain pri­mary jurisdiction over crimes committed in their territory, they are legally bound to facilitate the transfer of the suspects to the ICC, unless Pre-Trial Chamber I (PTC) decides that the case is no longer admissible before the Court because the Libyan authorities are investigating or prosecuting the same individuals for the same crimes at national level. Such a deci­sion could be triggered in one of three ways (1) either the Libyan government directly challenges the case's before the ICC; (2) the ICC prosecutor seeks an admissibility ruling from the PTC; or (3) the PTC on its own motion decides that the case is no longer admissible. In any event the admissibility determination would be ultimately made by ICC judges. Similarly, if Libyan authorities would allege that the immediate execution of an ICC request for cooperation would interfere with ongoing investigations or prosecutions of the same individuals for different crimes, they would have to consult with the ICC and may postpone the execution of the ICC's cooperation request for a period of time agreed upon with the Court. On 6 December 2011, PTC I requested that the Libyan government submit observations by 10 January 2012 on the arrest and detention of Saif Al-Islam, a deadline further extended to 23 January 2012. On 22 November 2011, PTC I decided to terminate the case against Muammar Mohammed Abu Minyar Gaddafi following his death...."

2. "Libya: Make Urgent Justice System Reforms," Human Rights Watch Press Release, 22 December 2011, http://www.hrw.org/news/2011/12/22/libya-make-urgent-justice-system-reforms

"...Libya's transitional government should urgently enact desperately needed reform to promote human rights and the rule of law after 42 years of dictatorship and eight months of war, Human Rights Watch said today....

'The transitional Libyan government faces immense challenges and should urgently speed up its reforms,' said Sarah Leah Whitson, Middle East and North Africa director at Human Rights Watch, who led the delegation for the meetings in Tripoli and visited Misrata. 'We're concerned about armed groups holding detainees outside the legal system, and there is a pressing need for new laws to protect free assembly and speech.'

Human Rights Watch highlighted three areas requiring urgent attention from the government, two of which require a functional criminal justice system:

(1) Ensure that all detainees are held under requirements of existing criminal law and that each detainee is brought before a judge. This requires demobilizing and reintegrating the many armed groups and bringing the thousands of detainees they hold into state custody, where, after a prompt legal review, they should either be charged with a clear criminal offense or released;

(2) Ensure speedy, transparent, and independent criminal investigations of credible allegations of abuses by anti-Gaddafi forces, such as the apparent executions of 53 people in Sirte in October and the ongoing harassment of the displaced residents of Tawergha. These investigations should lead to the prosecution of anyone responsible for crimes; and

(3) Reform the laws that restrict fundamental human rights, including the penal code, publications law, associations law, and assembly law provisions...."

3. "Libya: Ensure Gaddafi Son's Access to Lawyer," Human Rights Watch Press Release, 21 December 2011, http://www.hrw.org/news/2011/12/21/libya-ensure-gaddafi-son-s-access-lawyer

"...Libyan authorities appear to be holding Saif al-Islam Gaddafi in good physical conditions but should allow him immediate access to a lawyer, Human Rights Watch said today.

Human Rights Watch visited Gaddafi in Zintan, Libya on December 18, 2011. Libya's general prosecutor, Abdelaziz al-Hasadi, who is investigating Gaddafi's case, granted permission for the visit. The Zintan Military Council, which has physical custody of Gaddafi, allowed Human Rights Watch 30 minutes with the detainee in private.

'Saif al-Islam Gaddafi says he is getting good food and medical care - he had no complaints about the physical conditions of his detention,' said Fred Abrahams, special adviser at Human Rights Watch, who conducted the visit. 'His main concern was the lack of access to family and to a lawyer who can help his case.'

Al-Hasadi told Human Rights Watch that he would allow Gaddafi access to a lawyer as soon as the government prepared a secure detention facility in Tripoli where Gaddafi could be held without risk of attack, either by those wishing to free him or by those wishing him harm. The prosecutor's office is working to prepare such a location, he said....

'The security conditions are no doubt tenuous, but the government can and should find a way to ensure Saif al-Islam legal representation in Zintan,' Abrahams said. 'The new Libya is about respecting the rights of all detainees. The world is watching how Libya handles this case, and Libya should prove that it will grant Gaddafi all the rights that were too often denied in the past.'

International standards, including the United Nations Basic Principles on the Role of Lawyers, require giving defendants prompt access to a lawyer, no later than 48 hours after arrest...."

4. "Libyan Government Agrees to Work with ICC on Saif Gaddafi Case," Melissa Kaplan, The Global Citizen, Citizens for Global Solutions, 29 November 2011, http://globalsolutions.org/blog/2011/11/libyan-government-agrees-work-icc-saif-gaddafi-case

"International Criminal Court (ICC) Prosecutor Luis Moreno-Ocampo has said that Libya's transitional government has agreed to work with the ICC and the United Nations to investigate alleged crimes committed by Saif Gaddafi, the recently captured son of the late Libyan dictator Muammar Gaddafi.

The subject of where Saif would be tried - either at the ICC or in Libya - has provoked much debate since his capture. The ICC had issued arrest warrants for Saif, his father, and Gaddafi's former intelligence chief Abdullah al-Senoussi for crimes against humanity stemming from their involvement in the violent crackdown on civilians which took place in Libya for several months this year. Because the UN Security Council referred the situation in Libya to the ICC, the Court has jurisdiction over the case, even though Libya is not an ICC state party. However, some in Libya had expressed the desire to hold Saif accountable in their own country rather than handing him over to the Hague for trial.

Prosecutor Ocampo seems satisfied with the Libyan government's vow of cooperation on the Saif Gaddafi case. It is now critically important that the country's National Transitional Council fulfill this pledge. Even as Libya begins to pick up the pieces and rebuild a post-Gaddafi nation, those responsible for crimes against civilians, including Saif Gaddafi, must be held accountable and brought to justice."

5. "ICC must end confusion over trial of Gaddafi," Amnesty International Press Release, 24 November 2011, http://www.amnesty.org/en/news/icc-must-end-confusion-over-trial-gaddafi-2011-11-24

"The International Criminal Court (ICC) must end the confusion over where Saif al-Islam al-Gaddafi should be tried, Amnesty International said today, after the court's prosecutor said that Libya can put him on trial at home.

ICC prosecutor Luis Moreno-Ocampo said on Wednesday that Saif al-Islam al-Gaddafi, the captured son of the late Libyan leader, need not be prosecuted by the ICC but could be tried in his own country before a Libyan court. The ICC stated that the decision is the sole competency of the ICC judges, not the Prosecutor.

'At this time, there are serious questions as to whether the Libyan justice system can guarantee a fair trial without the death penalty,' said Marek Marczyñski of Amnesty International's Campaign for International Justice.

'The ICC should not wait for Libya to reach a decision about Saif al-Islam al-Gaddafi's trial but should intervene and make sure that justice can be done. In line with the rules in the Rome Statute, they should make a determination as to the ability of the Libyan authorities to deliver justice to the victims of human rights abuses.'...."

SEE ALSO:

6. "ICC Suspects Saif Al-Islam Gaddafi and Abdullah Al-Senussi Arrested: Suspects Wanted for Alleged Crimes Against Humanity in Libya Arrested by Libyan
Authorities; Coalition Calls for Justice and Accountability for Victims," Coalition for the International Criminal Court, Press Release, 21 November 2011, http://www.iccnow.org/documents/CICC_PR__Arrest__Libya_Abdullah_Al-Senussi_and_Saif_Al-Islam_Gaddafi_21112011_Final.pdf

7. "Parliamentarians for Global Action (PGA) calls for the prompt surrender of Saif Al Islam Gaddafi and Abdallah Al Senussi to the International Criminal Court (ICC)," Parliamentarians for Global Action, Press Release, 21 November 2011, http://www.pgaction.org/uploadedfiles/PGA&#x20;PR&#x20;ICC&#x20;Libya&#x20;arrest&#x20;nov&#x20;2011&#x20;ENG.pdf

8. "Open letter to the Transitional National Council of Libya," International Federation for Human Rights, 21 November 2011, http://www.fidh.org/Open-letter-to-the-Transitional

9. "Statement on the capture of Saif Al-Islam Gaddafi and Abdullah Al-Senussi," Women's Initiatives for Gender Justice (WIGJ), Press Release, 21 November 2011, http://www.iccwomen.org/documents/Press-Statement-on-arrest-of-Al-Islam-Gaddafi-and-Al-Senussi.pdf

10. "Capture of Abdullah Senussi heralds new potential for justice," No Peace Without Justice (NPWJ), Press Release, 21 November 2011, http://www.npwj.org/ICC/Capture-Abdullah-Senussi-heralds-new-potential-justice.html

11. "Libya / Capture of Saif al-Islam: NPWJ calls for fair trial," NPWJ, Press Release, 19 November 2011, http://www.npwj.org/ICC/Libya-Capture-Saif-al-Islam-NPWJ-calls-fair-trial.html

12. "Libya: Reported Capture of Abdullah Sanussi," Human Rights Watch (HRW), Press Release, 20 November 2011, http://www.hrw.org/news/2011/11/20/libya-reported-capture-abdullah-sanussi

13. "Libya: Surrender Saif al-Islam Gaddafi to ICC --- Ensure Humane Treatment in Custody," HRW, Press Release, 19 November 2011, http://www.hrw.org/news/2011/11/19/libya-surrender-saif-al-islam-gaddafi-icc

14. "Libya: Transfer Saif al-Islam to the International Criminal Court," Amnesty International, Press Release, 19 November 2011, http://www.amnesty.org/en/news/libya-transfer-saif-al-islam-international-criminal-2011-11-19

III. RELATED NEWS AND OPINIONS

A. COALITION MEMBERS QUOTED

1. "Libya still awash with weapons," William Shaw, IWPR, 16 January 2012, http://www.sacbee.com/2012/01/16/4191284/libya-still-awash-with-weapons.html

2. "OPINION: ICC, Amnesty International Must Show Good Sense Not to Harass Libyan Government," S.R.H. Hashmi, Tripoli Post, 13 January 2012, http://tripolipost.com/articledetail.asp?c=5&i=7674

3. "Libya granted more time on Gadhafi question," Richard Allen Greene, CNN, 10 January 2012, http://www.cnn.com/2012/01/10/world/africa/libya-gadhafi-icc/index.html

4. "Libya wants more time to update ICC on Saif," Reuters, 10 January 2012, http://www.reuters.com/article/2012/01/10/us-libya-icc-idUSTRE80919M20120110

5. "'No Libyan response' on Gaddafi son as deadline nears," BBC News, 10 January 2012, http://www.bbc.co.uk/news/world-africa-16479494

6. "Tunisian rights bodies oppose Libyan ex-PM's extradition," AFP/ Now! Lebanon, 6 January 2012, http://www.nowlebanon.com/NewsArchiveDetails.aspx?ID=349663

7. "Libya: Collapse of justice leaves at least 7,000 behind bars," RT, 5 January 2012, http://rt.com/news/libya-justice-collapse-tripoli-227/

8. "Tunisia wants fair trial guarantees for Libyan ex-PM," AFP, 3 January 2012, http://www.hindustantimes.com/world-news/Africa/Tunisia-wants-fair-trial-guarantees-for-Libyan-ex-PM/Article1-790415.aspx

9. "Libya: 'Detained Kadhafi's second-oldest son has no access to lawyers'," PANA, 1 January 2012, http://www.afriquejet.com/access-lawyers-2012010130687.html

10. "Let Tripoli Try Saif al-Islam," Timothy William Waters, Foreign Affairs, 9 December 2011, http://www.foreignaffairs.com/articles/136726/timothy-william-waters/let-tripoli-try-saif-al-islam

11. "International court says it controls who will try Qaddafi's son," Ferry Biedermann, The National, 27 November 2011, http://www.thenational.ae/thenational/news/world/middle-east/international-court-says-it-controls-who-will-try-qaddafis-son

B. OTHER NEWS

12. "Libya complementarity challenge at the ICC," Beth Van Schaack, IntLawGrrls, 17 January 2012, http://www.intlawgrrls.com/2012/01/libya-complementarity-challenge-at-icc.html

13. "Standoff over who will try Saif Al Islam Qaddafi," Ferry Biedermann, The National, 13 January 2012, http://www.thenational.ae/news/world/middle-east/standoff-over-who-will-try-saif-al-islam-qaddafi

14. "ICC set to OK Saif trial in Libya, Tripoli says," Mahmoud Habboush and Ali Shuaib, Reuters, 12 January 2012, http://www.chicagotribune.com/news/sns-rt-us-libya-saif-trialtre80b1d9-20120112,0,6463870.story

15. "The Libya Trial -- Victor's Justice at the ICC?," Seth Engel, The Huffington Post, 12 January 2012, http://www.huffingtonpost.com/sethengel/international-criminal-court-libya_b_1200963.html

16. "Saif Keeping: Is Libya prepared for the trial of Gaddafi's son?," RT, 10 January 2012, http://rt.com/news/libya-gaddafi-son-trial-481/

17. "Intl Criminal Court grants Libya more time to answer questions about Gadhafi's son Seif," AP, 10 January 2012, http://www.washingtonpost.com/world/middle-east/libya-asks-for-more-time-to-answer-courts-questions-about-gadhafis-son-seif-al-islam/2012/01/10/gIQAvJC2nP_story.html?tid=sm_btn_tw

18. "Yikes! Bashir Visits as Libya Defends Right to Try Saif," Mark Kersten, Justice in Conflict, 8 January 2012, http://justiceinconflict.org/2012/01/08/yikes-bashir-visits-as-libya-defends-right-to-try-saif/

19. "Libye: Moscou veut une enquête sur les violations du droit international (Libya: Moscow wants an investigation into violations of international law)," RIA Novosti, 28 December 2011, http://fr.ria.ru/world/20111228/192900958.html (In French)

20. "ICC prosecutor: Gadhafi death may be war crime," AP, 15 December 2011, http://www.usatoday.com/news/world/story/2011-12-15/moammar-gadhafi-death/51985722/1

21. "ICC seek urgent answers from Libya over Gaddafi son," AFP, 6 December 2011, http://www.nation.co.ke/News/africa/ICC+seek+urgent+answers+from+Libya+over+Gaddafi+son+/-/1066/1285256/-/1hyulg/-/index.html

22. "Transitional Justice, Reconciliation and Sustainable Peace in Libya," Mohamed Eljarh, Middle East Online, 6 December 2011, http://www.middle-east-online.com/english/?id=49383

23. "Justice for Libya - It Requires Blocking the World Court's Overreach," John Bolton, National Review, 6 December 2011, http://www.algemeiner.com/2011/12/06/justice-for-libya-it-requires-blocking-the-world-courts-overreach/

24. "Libye : quelle justice ? (Libya: What Justice?)," François Soudan, Jeune Afrique, 5 December 2011, http://www.jeuneafrique.com/ArticlePersonnalite/ARTJAJA2655p050-053.xml3/libye-quelle-justice.html

25. "Libyan women talk of plight under Kadhafi as ICC probes," Jay Deshmukh, AFP, 1 December 2011, http://www.google.com/hostednews/afp/article/ALeqM5juOzplkdhweAEbQ3_9WUnaehmB5A?docId=CNG.8c4dcc2ad965b13f24d26452f89c2f49.11

26. "ICC team in Libya probes sexual crimes," AFP, 1 December 2011, http://news.smh.com.au/breaking-news-world/icc-team-in-libya-probes-sexual-crimes-20111201-1o7l6.html

27. "The ICC, the NTC and Saif al Islam Gadhafi," Franklin Lamb, Pamazuka News, 30 November 2011, http://pambazuka.org/en/category/features/78364

28. "Libye: Seif al-Islam devenu 'inoffensif' peut rester à Zenten jusqu'à son process (Libya: Seif al-Islam is 'safe' can remain until his trial Zenten)," AFP, 29 November 2011, http://www.leparisien.fr/flash-actualite-monde/libye-seif-al-islam-devenu-inoffensif-peut-rester-a-zenten-jusqu-a-son-proces-29-11-2011-1744481.php (In French)

29. "Libya ex-rebels still hold 7,000 prisoners, says UN," BBC News, 29 November 2011, http://www.bbc.co.uk/news/world-africa-15932105

30. "Seif now just a 'helpless criminal', says Libya official," Jay Deshmukh, AFP 29 November 2011, http://www.google.com/hostednews/afp/article/ALeqM5hs0RHneZprrSyUfA69edqqqlNnzA?docId=CNG.d98e4dcabe814b504fd30d7f2c0d0d9c.511

31. "The judges strike back," David Bosco, The Multilateralist, Foreign Policy, 28 November 2011, http://bosco.foreignpolicy.com/posts/2011/11/28/the_judges_strike_back?utm_source=dlvr.it&utm_medium=twitter?page=full

32. "Ocampo stance on Libya trials surprising," Fwamba N. C. Fwamba, Daily Nation, 28 November 2011, http://www.nation.co.ke/oped/Opinion/Ocampo+stance+on+Libya+trials+surprising/-/440808/1281088/-/kax85wz/-/

33. "Beyond Criminal Justice: A Truth Commission in Libya," Mark Kersten, Justice in Conflict, 28 November 2011, http://justiceinconflict.org/2011/11/28/beyond-criminal-justice-a-truth-commission-in-libya/

34. "Letter from New York: No outsourcing for Libyan justice," Talal Al-Haj, Al Arabiya, 28 November 2011, http://english.alarabiya.net/views/2011/11/28/179610.html

35. "Is Libya Under an Obligation to Surrender Saif Gaddafi to the ICC? Part I (What Does the Rome Statute Say?)," Dapo Akande, EJIL: Talk!, 26 November 2011, http://www.ejiltalk.org/is-libya-under-an-obligation-to-surrender-saif-gaddafi-to-the-icc-part-i-what-does-the-rome-statute-say/

36. "Dapo Akande on Surrendering Saif - and a Brief Reply," Kevin Jon Heller, Opinio Juris, 26 November 2011, http://opiniojuris.org/2011/11/26/dapo-akande-on-surrendering-saif-and-a-brief-reply/

37. "Libyan women demand support for war rape victims," Marie-Louise Gumuchian, Reuters, 26 November 2011, http://in.reuters.com/article/2011/11/26/idINIndia-60744120111126

38. "Baghdadi Mahmoudi Last Appeal Against Extradition Rejected," Ahmed Medien, Tunisia Live, 26 November 2011, http://www.tunisia-live.net/2011/11/26/baghdadi-mahmoudi-last-appeal-against-extradition-rejected/

39. "ICC trial for Seif al-Islam could be in Libya," Jan Hennop, AFP, 25 November 2011, http://www.google.com/hostednews/afp/article/ALeqM5jv5zGO_HYsu2GLSFN7T4-U1qXOWA?docId=CNG.7ab3ceb0512d9566d05194d0e2bb7398.b31

40. "Gaddafi son needs surgery on gangrenous fingers: doctor," Christian Lowe and Ayman al-Sahli, Reuters, 24 November 2011, http://www.reuters.com/article/2011/11/24/us-libya-saif-health-idUSTRE7AN1VW20111124