Libya Investigation
The situation in Libya was brought before the ICC by referral of the UN Security Council on February 26, 2011, as Libya is not a State Party to the Rome Statute. The UN Security Council unanimously adopted Resolution 1970 (2011), which granted the Court jurisdiction over the situation in Libya. This was the first time that the Security Council has unanimously referred a situation to the Court under Article 13(b) of the Court's Rome Statute.
On March 3, 2011 the Prosecutor officially opened an investigation into alleged crimes against humanity committed in Libya. On May 16 he requested three arrest warrants for Muammar Mohammed Abu Minyar Gaddafi, Saif Al-Islam Gaddafi and Abdullah Al-Senussi for crimes against humanity of murder and persecution.
The Prosecutor reports to the UN Security Council biannually on the situation in Libya.
Background of the Conflict
In February of 2011, protests broke out in various parts of Libya to oppose the 41-year totalitarian rule of President Muammar el-Gaddafi. In response, Gaddafi attempted to suppress the protestors with a violent crackdown, including allegedly ordering his security forces to conduct air raids on unarmed civilians in the streets on February 25. He also reportedly conscripted mercenaries from neighboring countries such as Chad, Sudan, and Niger to attack unarmed civilians on the ground. His alleged actions and the resulting death toll in Libya led to a public outcry in the world and prompted the international community to quickly respond through several UN actions.
Case: Saif Al-Islam Gaddafi and Abdullah Al-Senussi
Saif Al-Islam Gaddafi
Position Honorary chairman of the Gadaffi International Charity and Development Foundation, de facto Prime Minister of Libya
Charges Crimes against humanity of murder and persecution
Status Currently in the custody of Libyan authorities
Abdullah Al-Senussi
Position Colonel in the Libyan Armed Forces, head of Military Intelligence
Charges Crimes against humanity of murder and persecution
Status Currently in the custody of Libyan authorities
Muammar Mohammed Abu Minyar Gaddafi (Muammar Gaddafi)
Position Held the title of Leader of the Revolution, former Commander of the Armed Forces of Libya, acting Libyan Head of State
Status Case terminated on November 22, 2011 after confirmation of death
Summary
The case against Saif Al-Islam Gaddafi and Abdullah Al-Senussi, for the crimes against humanity of murder and persecution, is now before Pre-Trial Chamber I. This Chamber issued warrants of arrest for crimes committed by the Libyan state apparatus and Security Forces across Libya from February 15 until at least February 28, 2011. The case against Muammar Mohammed Abu Minyar Gaddafi was terminated due to his death on November 22, 2011. Saif Gaddafi is currently in custody of Libyan authorities and Abdullah Al-Senussi remains at large.
Timeline
June 27, 2011 Pre-Trial Chamber I issues arrest warrants for all three suspects, including Muammar Gaddafi, having determined that there are reasonable grounds to believe that they committed, through the State apparatus and Security Forces, the crimes against humanity of murder and persecution.
November 22, 2011 The Court terminates its case against Muammar Gaddafi following his death.
May 1, 2012 The Government of Libya challenges the admissibility of the case against Saif Al-Islam Gaddafi to which the defense responds on July 31.
May 31, 2013 PTC I rejected Libya’s challenge to the Court’s admissibility over the ICC’s case against Saif Al-Islam Gadaffi and requested his transfer to the Hague.
February 6, 2013 Trial Chamber I orders Libyan authorities "to proceed to the immediate surrender of Mr Al-Senussi to the Court" since there is no formal admissibility challenge of the case against him and thus his surrender cannot be postponed.
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