THE INTERNATIONAL Criminal Court has issued an arrest warrant for Libyan leader Col Muammar Gadafy for crimes against humanity – specifically alleging he has been directly responsible for the murder and persecution of civilians.
During a 30-minute hearing in The Hague yesterday, arrest warrants were also issued for Gadafy’s second-oldest son and de facto prime minister, Saif al-Islam, and for Gadafy’s brother-in-law Col Abdullah al-Sanoussi – the head of military intelligence.
The warrants – which presiding judge Sanji Monageng of Botswana said would be sent immediately to Tripoli – turn the three men into internationally wanted suspects, potentially complicating efforts to mediate an end to more than four months of relentless fighting in Libya.
As expected, the warrants and the court’s authority were rejected by the Libyan government even before Judge Monageng had finished reading the trial chamber’s ruling – which came as the international air operation to protect civilians entered its 100th day.
“The ICC has no legitimacy whatsoever,” said government spokesman Moussa Ibrahim, accusing the court of ignoring what he claimed were crimes being committed by Nato in Afghanistan, Iraq and most recently Libya. “We will deal with it . . . all of its activities are directed at African leaders.”
The warrants relate to crimes alleged to have taken place in Tripoli, Benghazi and Misrata during the early weeks of the uprising aimed at toppling Gadafy, between February 15th last and “at least February 28”.
The judge said evidence presented by chief prosecutor Luis Moreno-Ocampo showed that following the uprisings in Tunisia and Egypt, Gadafy and his circle had “conceived and orchestrated a state policy aimed at deterring and quelling by any means – including the use of lethal force – demonstrations by civilians against the regime”. Al-Islam was “the most influential person” in the Libyan leader’s inner circle, while al-Sanoussi – previously labelled “the executioner” – had indirectly instructed troops to attack civilians demonstrating in Benghazi.
The warrants were necessary, she said, to ensure the three men could not use their power to hinder the court inquiry, could not continue to commit or cover up crimes against civilians, and to ensure they appeared ultimately before the war crimes court.
The warrants were not in themselves “a finding as to the guilt of the individuals”, she added.
In a statement ahead of the ruling, Mr Moreno-Ocampo – who has accused the Gadafy regime of using institutionalised rape against opponents – said: “Crimes continue today in Libya. To stop those crimes and to protect civilians, Gadafy must be arrested.” The prosecutor has scheduled a press conference for lunchtime today at which details are expected on how the court plans to proceed on foot of the warrants.
Nato secretary general Anders Fogh Rasmussen said the decision to issue the warrants underlined the isolation of the regime. “It reinforces the reason for Nato’s mission to protect the Libyan people from Gadafy’s forces,” he said, adding Gadafy and his supporters needed to realise that “time is rapidly running out for them”.
This is the second time the court has issued an arrest warrant for a sitting head of state. The first was in 2009 for Sudanese president Omar al-Bashir, accused of genocide, crimes against humanity and war crimes in Darfur.