Libya cites example of Sudan’s Bashir to dismiss ICC warrant against Gaddafi

May 16, 2011 (WASHINGTON) – The Libyan government downplayed the significance of an announcement on Monday by the International Criminal Court (ICC) prosecutor Luis Moreno-Ocampo that he is seeking arrest warrant for Libyan leader Muammar Gaddafi, his son Saif al-Islam and spy chief Abdullah al-Sanoosi.

Ocampo accused all three of being indirect co-perpetrators in committing crimes against humanity during their crackdown on protesters since the start of the uprising on February 17 against the four-decades rule of Gaddafi. Thousands of people have reportedly been killed in the violence and around 750,000 people forced to flee.

“The evidence shows that Muammar Gaddafi, personally, ordered attacks on unarmed Libyan civilians. His forces attacked Libyan civilians in their homes and in the public space, repressed demonstrations with live ammunition, used heavy artillery against participants in funeral processions, and placed snipers to kill those leaving mosques after the prayers.,” the prosecutor said.

Ocampo further alleged that Gaddafi “relies on his inner circle to implement a systematic policy of suppressing any challenge to his authority. His second eldest son, Saif Al Islam, is acting as a de facto prime minister and Al-Sanousi, Gaddafi’s brother-in-law, is his right-hand man and the Head of the Military Intelligence”.

The pre-Trial Chamber I consisting of three judges will now have to decide on the prosecutor’s request of charging the three men with two counts of murder and persecution. They can approve, deny or request further information on the application.

Ocampo appeared confident about the strength of his case and he has hailed the “outstanding” cooperation he received from various states and organizations to complete his investigation in such a short time frame.

Last February, the United Nations Security Council (UNSC) unanimously referred the situation in Libya to the ICC in a Chapter VII resolution which makes Tripoli’s compliance mandatory as it is not a state party to the court. Libyan permanent representatives to the UN who defected from the regime had asked the council to refer the case.

“We have strong evidence, so strong evidence,” Moreno-Ocampo said, adding: “We are almost ready for trial … Gaddafi ruled Libya through fear and Libyans are losing that fear now.”

On Sunday, the prosecutor’s office had received calls from senior officials in the Gaddafi government in the past week to provide information which was seen a sign that cracks are appearing within regime’s inner circle.

British Foreign Secretary William Hague called on the international community to “fully support” the ICC.

“I welcome this announcement. The human rights situation in western Libya and the behaviour of the Gaddafi regime remains of grave concern,” Hague said.

The rebels too hailed the move by the ICC but said that Gaddafi ought to be tried in Libya first.

“The National Transitional Council welcomes the decision of chief prosecutor of the International Criminal Court, Luis Moreno-Ocampo, to request an arrest warrant,” the rebel administration’s vice president, Abdel Hafez Ghoga, said.

“We would like him to be tried in Libya first before being put on trial in an international court,” he added.

The Libyan government however vowed to ignore the Hague tribunal.

“The ICC is not important for us. We are not part of the Rome statute. We will not show any attention to the decision,” Khalid Kaim, Libya’s deputy foreign minister told The Telegraph.

“The practices of the ICC are questionable. It’s a baby of the European union designed for [prosecuting] African leaders.”

An earlier case where the ICC did step in at the request of the UNSC didn’t result in the desired arrest. Although Sudanese President Omer Hassan al-Bashir has been indicted for crimes including genocide in the Darfur region of Sudan, at least three countries that are ICC members have let him visit without detaining him.

Kaim cited the continued liberty of Bashir, as an example of the ICC’s “impotence”, saying the veteran ruler was safe in Khartoum despite claims that he had played a direct role in the genocide in Darfur.

Ironically it was Gaddafi who fiercely pressed the African Union (AU) to grant Bashir immunity in the continent despite the arrest warrant.

However, the Sudanese leader in press statements following unrest in Libya accused Gaddafi’s regime of destabilizing his country and conspiring with Egypt to prevent peace in Darfur.

(ST)