By Polly Johnson
Impunity Watch Reporter, Africa
TRIPOLI, Libya – Libyan leader Moammar Gadhafi has been put on notice that the International Criminal Court (ICC) will investigate him for alleged crimes against humanity.
The United Nations Security Council this week adopted a unanimous resolution that referred Gadhafi and some of his sons, closest advisors and commanders to the ICC, which will investigate Gadhafi’s regime and its violent response to the anti-government protests that began in Libya on Feb. 15. The protests are aimed at overthrowing Gadhafi from a forty-one year regime.
It is the first time that the ICC, which was created in 2002 as the world’s first permanent war crimes tribunal, has investigated an event as it is ongoing, and the second time it has investigated a sitting head of state. Omar al-Bashir of Sudan has been indicted on three counts of genocide by the court.
ICC prosecutor Luis Moreno-Ocampo made clear that though at this stage Gadhafi and his regime are only under investigation, “If their troops commit crimes, they could be made criminally responsible.
“The allegations are that peaceful demonstrators were attacked by security forces. During the coming weeks, the office will investigate who are the most responsible for the most serious incidents, for the most serious crimes committed in Libya,” Moreno-Ocampo said.
The decision of the UN sends a strong message to Libya and Gadhafi that violence against peaceful protestors will not be tolerated. Allegations against Gadhafi include security forces killing unarmed protesters, airstrikes on civilians and forced displacement.
Since the referral of the investigation, the ICC has already identified alleged war crimes committed by Gadhafi and his regime, including the shooting of protestors in Benghazi on February 15. Eight other atrocities have been identified.
Currently Gadhafi is in Tripoli, Libya’s capital, one of the few places where his supporters and forces maintain control. He has repeatedly vowed to fight to the death to retain his power.
The international community is quickly deciding how best to respond to the crippling situation. Mass casualties, threats of hunger and a refugee crisis are increasing the urgency for a foreign response. The White House has not proposed any imminent action. A “no-fly” zone was proposed earlier this week, but President Barack Obama’s national security aides cautioned that such a plan would likely have a limited impact.
Moreno-Ocampo has vowed that the investigation will move swiftly.
“No one has the authority to attack and massacre civilians. We have a mandate to do justice and we will do it.”
For more information, please see:
AP – Officials: No-fly zone may have limited impact – 9 March 2011
Arutz Sheva – Int’l Criminal Court at The Hague to Probe Libya War Crimes – 3 March 2011
CNN – Gadhafi faces investigation for crimes against humanity – 3 March 2011
Haaretz – ICC probing Gadhafi, inner circle for crimes against humanity – 3 March 2011
Telegraph – Libya: Col Gaddafi to face ICC war crimes probe – 3 March 2011
Human Rights Watch – UN: Security Council Refers Libya to ICC – 27 February 2011
