On June 27th, the ICC’s Pre-Trial Chamber issued warrants of arrest for Muammar Gaddafi, Saif Al-Islam Gaddafi and Abdullah Al-Senussi for crimes against humanity (murder and persecution) allegedly committed across Libya from 15 February 2011 until at least 28 February 2011, through the State apparatus and Security Forces.[1]
The Chamber concluded that there are reasonable grounds to believe that the three suspects committed the alleged crimes and that their arrests appear necessary in order to ensure their appearances before the Court; to ensure that they do not continue to obstruct and endanger the Court’s investigations; and to prevent them from using their powers to continue the commission of crimes within the jurisdiction of the Court.
Apprehending the suspects will be a particular challenge for the ICC and its supporters. U.N. Security Council Resolution 1970 that referred the situation to the Court obligates the Libyan authorities to cooperate with the ICC. However, Gaddafi and the Libyan leadership have given no indication that they would cooperate at all with the Court. The warrants could also make it more difficult for Gaddafi to negotiate an exit into exile since he has few friends globally and all current 114 ICC States Parties are under an obligation to arrest him. Moreover, it is clear from this and other cases that the ICC Prosecutor and judges believe that they are obliged to proceed with a case referred by the Security Council if the evidence justifies it.
This challenge to the international community could prove an important opportunity for U.S. leadership and support to the Court. The U.S. has been working publicly to engage with the Court and support ICC cases. In particular, it has backed the Court’s effort to investigate and prosecute recent crimes in Libya. The arrest warrants issued today provide a new and concrete opportunity to advance U.S. national interests and to support international criminal justice. For this reason and since July 17 is International Justice Day, the American Non-Governmental Organizations Coalition for the International Criminal Court (AMICC) has created an International Justice Day alert action. It urges President Obama to help fulfill the mandate of Resolution 1970 by helping to carry out the arrest warrants issued today. Please sign and submit the letter to the President: http://www.change.org/petitions/ask-president-obama-to-support-the-icc-on-libya-and-help-arrest-gaddafi.
Two other recent developments should be mentioned.
Last week, on June 24th, Tunisia filed its documents acceding to the Court’s Rome Statute. Effective September 1, 2011, it will be the 116th State Party to the Statute.[2]
On June 23rd, the ICC Prosecutor announced that he had made a formal application to the Court’s Pre-Trial Chamber for authorization of an investigation of possible crimes against humanity and war crimes in the Ivory Coast since November 28, 2010.[3]
[1] ICC Press Release, Pre-Trial Chamber I issues three warrants of arrest for Muammar Gaddafi, Saif Al-Islam Gaddafi and Abdulla Al-Senussi(June 27, 2011); Simons, Hague Court Issues Warrant for Qaddafi for War Crimes, N.Y. Times (June 27, 2011). See Post: International Criminal Court: Investigations and Prosecutions (April 25, 2011); Post: International Criminal Court: Libya Investigation Status (May 8, 2011); Post: International Criminal Court: Three Libyan Arrest Warrants Sought (May 16, 2011); Post: International Criminal Court: Investigation of Gang-Rape in Libya (May 17, 2011). The Libyan situation was referred to the ICC by the U.N. Security Council. (Id.)
[2] ICC Press Release, Tunisia becomes the 116th State to join the ICC’s governing treaty, the Rome Statute (June 24, 2011).
[3] ICC Press Release, ICC Prosecutor requests judges for authorization to open an investigation in Cote d’Ivoire (June 23, 2011).
