By Tamara Alfred
Impunity Watch Reporter, Africa
The Libyan government has formally challenged the International Criminal Court’s (ICC) right to try the son of the late Moammar Gaddafi, Saif al-Islam, for war crimes, arguing he should be tried in Libya.
The ICC announced earlier this week that it had receive a formal submission from Libya’s new leadership arguing that Saif, 39, and former military intelligence chief, Abdullah al-Senussi, 62, should be tried on Libyan soil. Saif was captured by rebels last year and is being held in the western town of Zintan, while al-Senussi was arrested last month in Mauritania. Libya is currently seeking his extradition. Under international law, a country has both the right and the duty prosecute suspected war criminals.
However, the ICC has issued an arrest warrant for Saif on charges of killing and persecuting civilians during the uprising, and asked for Libya to hand him over. ICC spokeswoman, Sonia Robla, explained that once the court has issued an arrest warrant for a suspect, it cannot retract it unless judges believe suspects will be tried for the same crimes they were indicted for, and that they will receive a fair trial.
Libya’s filing says it seeks to do just that, but human rights groups have expressed concern that Saif will not get a fair trial in Libya, especially given the central government’s lack of control over some areas in the aftermath of the civil war.
The ICC, however, does not oppose Saif being tried in Libya in principle, Robla said, and the Arab League has issued a statement backing Libya’s right to try al-Islam.
“Holding Saif al-Islam’s trial in Libya is a demand from the Libyan people,” Mohammed al-Hareizi, a spokesman for the National Transitional Council, said. “He must be tried in Libya because he committed war crimes against Libyans and it means a lot to the Libyan people to try Saif in Libyan courts.”
Libya insisted in its filing that it has made great strides in repairing its legal system in the post-Gaddafi era, and its desire to try the pair “reflects a genuine willingness and ability to bring the persons concerned to justice.”
“The Libyan government regards the trial of Mr. Gaddafi and Mr. al-Senussi as a matter of the highest national importance, not only in bringing justice for the Libyan people but also in demonstrating that the Libyan justice system is capable of proper investigation and prosecution, and that it can conduct fair trials,” the country said in its filing.
“To deny the Libyan people the historic opportunity to eradicate the long-standing culture of impunity would be manifestly inconsistent with the object and purpose” of the ICC, the filing said.
The filing went into details of Libya’s efforts to gather evidence against Saif, saying it will complete its investigation within weeks, and its willingness to request outside help in the legal process where necessary. Not only has the country sought help from the UN in training judges, much of the evidence ICC Prosecutor Moreno-Ocampo is basing his case on was obtained with the help of Libyan prosecutors in the first place.
Moreno-Ocampo has said he will continue cooperating with his Libyan counterparts and that, ultimately, ICC judges must decide whether or not to remand the case to Libya.
For more information, please see:
The Independent – Libya applies to war crimes court to keep Gaddafi’s son – 2 May 2012
CBS News – War crimes court: Libya wants to keep Gadhafi son – 1 May 2012
Reuters – Libya says to wind up Gaddafi son investigation soon – 1 May 2012
