Monday, June 27, 2011

International Criminal Court issues arrest warrant for Libya's Muammar Gaddafi

International Criminal Court (ICC) has issued arrest warrant for Libya's Muammar Gaddafi for accusing him of crimes against humanity.

The court had grounds to believe he had ordered attacks on civilians.

The ChargeSheet says,

Pre-Trial Chamber I considers that there are reasonable grounds to believe that, under article 25(3)(a) of the Rome Statute, Muammar Gaddafi and Saif Al-Islam Gaddafi are criminally responsible as indirect co-perpetrators and Abdullah Al-Senussi is criminally responsible as indirect perpetrator, for two counts of crimes against humanity:

• Murder, within the meaning of article 7(1)(a) of the Statute; and
• Persecution, within the meaning of article 7(1)(h) of the Statute.

Alleged crimes (non-exhaustive list)

Pre-Trial Chamber I found that there are reasonable grounds to believe:

• that following the events in Tunisia and Egypt in the early months of 2011, a State policy was designed at the highest level of the Libyan State machinery and aimed at deterring and quelling, by any means, including by the use of lethal force, the demonstrations of civilians against the regime of Muammar Gaddafi which started in ebruary 2011; and
• that in furtherance of the above-mentioned State policy, from 15 February 2011 until at least 28 February 2011 the Libyan Security Forces, which encompass units of the security and military systems, carried out throughout Libya
– and in particular in Tripoli, Misrata and Benghazi as well as in cities near Benghazi such as Al-Bayda, Derna, Tobruk and Ajdabiya – an attack against the civilian population taking part in demonstrations against Gaddafi’s
regime or those perceived to be dissidents, killing and injuring as well as arresting and imprisoning hundreds of civilians.

Pre-Trial Chamber I also found that there are reasonable grounds to believe:

• that Muammar Gaddafi, as the recognised and undisputed leader of Libya had absolute, ultimate and unquestioned control over the Libyan State apparatus of power, including the Security Forces;
• that, although not having an official position, Saif Al-Islam Gaddafi is Muammar Gaddafi’s unspoken successor and the most influential person within his inner circle and, as such, he exercised control over crucial parts of the State apparatus, including finances and logistics and had the powers of a de facto Prime Minister;
• that Muammar Gaddafi, in coordination with his inner circle, including Saif Al-Islam Gaddafi, conceived a plan to deter and quell, by all means, the civilian demonstrations against the regime, and that both of them made an essential contribution to implement that plan; and
• that, once instructed by Muammar Gaddafi to implement the plan, Abdullah Al-Senussi used his powers over the military forces, commanded the forces in Benghazi and directly instructed the troops to attack civilians demonstrating in the city.

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