According to news reports, Saif Al-Islam Gaddafi has been captured and is in detention in Tripoli. FIDH recalls that the ICC has issued arrest warrants for him, as well as for his father Col. Moammar Gaddafi and Abdullah Al-Sanusi, Chief of Intelligence. They are suspected of having committed crimes against humanity, including murder and persecution against the civilian population during the uprising in Libya.
“The Interim National Council is under the obligation to transfer Saif Al-Islam Gaddafi, as well as the other two suspects if arrested, to the ICC,” said Souhayr Belhassen, FIDH President. “The Interim National Council has repeatedly vowed to cooperate with the ICC. In transferring the suspects, the Council would be abiding by the principles of democracy and rule of law, which it has so prominently claimed for over the last six months.”
FIDH takes this opportunity to call upon the ICC Prosecutor once again to continue his investigations in relation to crimes committed in Libya by all parties, in particular with regard to allegations of sexual violence committed by Gaddafi’s forces, as well as alleged attacks against Sub-saharan Africans perceived as mercenaries. [1]
Background
Libya has been in turmoil since mid-February 2011 when Gaddafi’s regime started launching massive attacks against protesters and other civilians. The situation in Libya was referred to the ICC by the UN Security Council on 26 February 2011, following Resolution 1970 which was adopted unanimously. The ICC Office of the Prosecutor announced the opening of an investigation on 3 March 2011. Arrest warrants for Moammar Gaddafi, Saif Al-Islam Gaddafi and Abdullah Al-Sanusi were issued on 27 June 2011.
The ICC is the first permanent international criminal court. It was created in 1998 and started operations in 2002. Its mandate is to investigate, prosecute and try individuals responsible for genocide, crimes against humanity and war crimes.