Written by Alrassed Alliby Editor
9 May 2013 9:20 pm
Fifth report of the Prosecutor of the International Criminal Court , to the Security Council of the United Nations ( 2011 ) pursuant to Council resolu
International Criminal Court ( ICC )
District attorney’s office
Fifth report of the Prosecutor of the International Criminal Court , to the Security Council of the United Nations pursuant to Council resolution 1970 (2011)
1 - On February 26, 2011, the Security Council of the United Nations adopted the resolution 1970 (2011) the judge to refer the situation in Libya since 15 February, 2011 to the Prosecutor of the International Criminal Court . The decision called on the Prosecutor to address the Security Council every six months on the actions taken according to this resolution.
2 - his first report, submitted to the Council on 4 May, 2011, the Office of the district Attorney announced that '' in the coming weeks , the first request will be submitted to the Trial Chamber I to issue an arrest warrant '' and that it '' will focus on those who bear the greatest responsibility for what committed crimes against humanity on Libyan territory since February 15, 2011 '' .
3-in its second report, on November 2nd,2011, the issuance of an Arrest warrants for 3 persons, and according to the evidence, these people bear the brunt of responsibility for attacks on unarmed civilians in the streets and houses in Benghazi and Tripoli and other places during the month of February 2011. And On June 27, 2011 , the judges of the Pre-Trial Chamber issued first arrest warrants against Muammar Gaddafi, Saif al-Islam Gaddafi and Abdullah al -Senussi on the background of crimes of murder as a crime against humanity under article 7 (1 ) (a) and persecution as a crime against humanity under Article 7 (1) (h).
4 - In its third report, dated 16 May, 2012, the office noting of all of termination of Pre-Trial Chamber in the first in the November 22, 2011 of the case raised against Muammar Gaddafi and the arrest of Saif al-Islam Gaddafi in Libya on November 19, 2011 and the arrest of Abdul God Sanusi in Mauritania on March 17 / March 2012 . The Bureau also took it noted the challenge raised by the Libyan government on 1 May / June 2012 on the admissibility of the case against Saif al-Islam Gaddafi.
5 – The office in his fourth report submitted information on the latest developments regarding the admissibility of the case against Saif al - Islam Gaddafi, on the arrest of Abdullah Senussi in Mauritania and later extradited to Libya, as well as on the ongoing investigations.
6 - This report deals with the following:
(B) The case of Saif al - Islam Gaddafi and Abdullah al - Senussi , including the principle of admissibility,
(C) The ongoing investigation,
(D) The alleged crimes committed by various parties in Libya since February 15, 2011.
1 - Cooperation
7 - The fifth paragraph of UN Security Council Resolution 1970 (2011) '' We urge all States, regional organizations and other relevant international organizations to cooperate fully with the Court and the Prosecutor '' . With respect to the States Parties to the Rome Statute , the Statute provides a framework exists with the obligations in accordance with ninth Part of it .
8 - The Office continues to seek the cooperation of States parties, as well as the United Nations , Interpol , and non - governmental organizations , and other organizations . Office has made so far more than 160 applications for assistance during the investigation that has not been fully implemented yet. The office encourages partners to cooperate to the fullest extent possible, without preconditions or restrictions , to ensure the effectiveness of the investigation .
1 - 1 of the Government of Libya
9 - UN Security Council Resolution 1970, '' Decides that the cooperation of the Libyan authorities should be fully with the Court and the district Attorney and provide them with the necessary assistance in accordance with the requirements of this resolution '' , as reaffirmed in Resolution No. 2095 , adopted on March 14 / March 2013 .
10 - And raised the run - up to elections in Libya, a number of challenges, including security challenges, and then have limited contact with the Government of Libya. Following the elections held in July 7, 2012 and the formation of new Libyan government headed by Prime Minister Ali Zaidan on 14 November 2012, and the subsequent appointment of Mr. Abdelkader Radwan on March 17 2013, the new office contacts with the new administration , and in the April 19, 2013, Mr. Radwan visited Dr. Ahmed Jehani , the designated official to communicate with the international Criminal Court , The Hague at the invitation of the Prosecutor. The discussions focused on the constructive and fruitful between the Office of the Prosecutor and the Libyan delegation to cooperate and coordinate their efforts to move forward the activities of the Office in the investigation inside and outside Libya. It was also explore areas of possible cooperation and coordination in the future in the field of investigation. These discussions and explained the initial positive EPO was ready , and the Government of Libya to work together in order to strengthen the investigations that could lead to the arrest and extradition of alleged offenders , whether inside or outside Libya.
11 - Unfortunately, the mission dispatched to Tripoli in the period of April 30th to May first to discuss these issues was postponed due to the highest political level , due to security concerns. The Office will reschedule the visit to Tripoli as soon as circumstances permit. The Office believes firmly believe that Rome 's strength lies in the possibility of sharing responsibility and procedures of complementarities between the Court and the judicial institutions of the Libyan National Bureau hopes to explore the possibilities promote joint activities between the Government of Libya and the court and supports integration .
1-2 the United Nations (The Commission on the Truth)
12 - Office is still in touch with the Office of the High Commissioner for Human Rights, which is still the depositary of the work of the Truth Commission . Office expresses its appreciation for the cooperation of the Office of the High Commissioner in the ongoing investigations .
1 - 3 the North Atlantic Treaty Organization ( NATO)
13 - Office continues its contacts with NATO authorities to address the problems raised in the report of the International Commission of Inquiry of the United Nations with regard to the possibility of the occurrence of incidental loss of life . The Office continues its connection with the authorities of NATO as well as with the Libyan authorities on their own investigations in this limited number of incidents. And restores the office to emphasize the findings that there is no information that can be deduced that the air strikes from NATO , which has resulted in the deaths of civilians and injuring some injuries or damage to civilian objects were the result of direct attacks on purpose against the civilian population as or against civilian objects , which may is clearly excessive for the expected military advantages . The office encourages NATO to cooperate fully in the Libyan national efforts to investigate civilian casualties. Office expresses its appreciation for the cooperation of NATO in this regard, and will continue to monitor the situation
2 - The case against Saif al-Islam Gaddafi and Abdullah al -Senussi
14 - It should be noted that the Government of Libya to act fully in compliance with the statute in the appeal submitted to the admissibility of the case filed against both Saif Islam Gaddafi and Abdullah Senussi. Admissibility assessment requires the existence of judicial proceedings and relevant national and whether they are true , pursuant to articles 17 (a ) - ( c). This is a legal issue subject ultimately to be decided by the Chambers. And include an assessment to see if the state was conducting a genuine judicial proceedings in relation to those who bear the greatest responsibility for the most serious crimes . As required by Article 17 of the Statute , the evaluation aims to find out whether the State had conducted investigations or prosecutions or conduct investigations or prosecutions , as real , in cases chosen by the public prosecution or began to be considered . It is about examining the national judicial procedures relevant in relation to the person and the behavior that is the subject of the case the prosecution.
15 - As stated in the report of the Bureau on May 2012 , the appeal in the admissibility of the case filed against Saif al-Islam Gaddafi , according to the requirements of Article 19 (7), resulted in the suspension of the Office of the district Attorney of the investigations in the case of Saif al - Islam Gaddafi. As of April 2nd 2013, is also hanging an investigation in the case of Abdullah Senussi after an appeal to the admissibility of this call. Since his transfer from Mauritania to Libya on 5 September / September 2012, protects against Abdullah Senussi in detention in Tripoli, while remained Saif al - Islam Gaddafi in detention in Zintan.
3 - The admissibility of the case against Saif al - Islam Gaddafi and Abdullah Senussi
16 - on February 11, 2013 , Post Office of the Prosecutor on the data -ins provided by the Government of Libya on issues relating to the admissibility of the case against Saif al-Islam Gaddafi , saying that the material presented so far , although they have taken to Libya from some concrete measures in the investigation , is considered is not sufficient to prove that Libya investigating the case itself and mentions the prosecutor's office as well as that in the light of the challenges faced by Libya in this transitional phase of post-conflict and they got the help of relevant international , should allow them reasonable time to submit additional material to prove that they conduct investigations in the same case.
17 - On 4 March 2013 , the request of the Office of Public Counsel for the Defense to the Pre - Trial Chamber to withdraw representation of Saif al-Islam Gaddafi and appoint John R. . And. D. Jones, an adviser to the defense, and the Pre-Trial Chamber agreed to do so in a decision dated 17 April / May . 2013.
18 - On April 2,2013, the Government of Libya under Article 19 (2 ) (b) of the Rome Statute submitted an appeal to the admissibility of the case filed against Abdullah Sanusi, claiming that the government is investigating and prosecution in the right Abdullah Sanusi for the same case investigated by the Prosecutor General 's Office . In his reply dated April 24 , confirmed the prosecutor's office that he sees , on the basis of the Libyan request , that the case against Abdullah Sanusi is unacceptable, and should therefore be tried at the national level , but adds that the court and the prosecution should take steps to monitor the progress being in the investigation and prosecution by Libya to make sure it is still capable of investigation and prosecution on the same issue , as is the case before the international Criminal Court .
19 - According to the decision of Pre-Trial Chamber of 26 April / April 2013, told the Security Council actually a copy of a revised general challenged the Libyan government to admissibility in the case of Abdullah Sanusi order to provide feedback , if the Council chose to do so , as this is the right pursuant to Article 19 (3) of the Rome Statute, read with Article 59 of the rules of Procedure and Evidence. Pre-Trial Chamber has called on to make other comments of Defense and the Office of Public Counsel for the victims and the prosecutor's office if the office sought additional comments and receive permission to offer before June 14 . 2013.
20 - The Pre-Trial Chamber requested the Registrar to submit a report on the status of private arrangement visit to Mr. Abdullah Sanusi carried out by the counsel for the defense the day before May 3rd 2013. The judges of the Pre - Trial Chamber will decide whether the two cases will be accepted in front of the International Criminal Court
4 - The ongoing investigation
21 - In its fourth report on May 16th 2012 , submitted to the Security Council , the office said that he had initiated procedures for a second case of human crime , he was also combines evidence against potential suspects outside Libya . The Office continues its investigation in this regard, with particular emphasis on pro- Gaddafi officials outside of Libya , who still impose a security threat to the newly formed Libyan government . The Office hopes to cooperate closely with the Government of Libya to address this risk. The investigation with the members of the Gaddafi regime out of Libya in line with the policy of the Office of the Attorney General's efforts to bring those crimes who bear the greatest responsibility for the most serious crimes to justice.
22 - With regard to allegations of crimes committed by rebel forces, still expresses office draw particular concern about the situation in Tawergha , a town located near Misrata. The Office reviewed allegations that civilians there were killed ,were subject to looting and destruction of property and forced displacement by militias of Misrata, and that these militias also prevent civilians from returning to their homes in Tawergha and Office stated that murder and acts of torture and cruel and looting could constitute , in the context of attacks widespread or systematic attacks against the civilian population , war crimes and crimes against humanity . The Office continues to gather information to determine whether it should open a new case address this allegation. And opposed the efforts of the Office in this regard hampered by security concerns troubling that prevented the missions to Libya mid-2012. The office looks to cooperate closely with the Government of Libya in the process.
23 - and the Bureau is still concerned about the alleged use of arbitrary arrest and torture of persons detained but outside the government 's control and the alleged persecution of specific tribal groups on the basis of belonging to Gaddafi , including sub - Saharan Africans and members of the Tuareg and Toubou and Tuareg tribes . Furthermore, the office take with concern the alleged execution of more than 50 people on the ground hotel skill in Sirte in October 2011 and operations of government forces and militias Libyan in Bani Walid , which began in September 2012 allegedly led to the arrest , torture and killings and destruction of property at random.
5 - Conclusion
24 - The Committee expresses its appreciation of the challenges facing the newly elected government and expresses its readiness to support the government in an attempt to address any issues as much as possible .
25 – and commends the participation of Libyan government in the judicial process at the International Criminal Court , and encourages the Government to make what it can to provide information needed by the judges of the International Criminal Court to conduct a proper assessment of her appeal to admissibility under the Rome Statute .
26 - The office also encourages the Libyan government to formulate a comprehensive strategy to address the crimes and declared and execute it as possible . This will assure that justice continues to be a major priority , supports efforts to ensure peace and stability in Libya and that the opportunity will be made available to victims of all crimes to seek solutions through the courts.
27 – Regarding the broad scope of the crimes committed in Libya and the challenges facing the new Libyan government, still the mandate of the International Criminal Court ( ICC ) the need to end impunity in Libya. The Office intends to take a decision on the issue again in the near future , the market consider additional issues then , depending on the progress of the Government of Libya in the implementation of its overall strategy