Press Conference by Prosecutor of International Criminal Court Concerning Libya

 

The Chief Prosecutor of the International Criminal Court said today that he would seek arrest warrants in the next few weeks for three people as part of his investigation into crimes against humanity committed in Libya since 15 February.

He did not disclose their names, but said that the three individuals were deemed “most responsible” for ongoing attacks against civilians, including murder and persecution, since political unrest began in the North African country two month ago.

“It is important that the international community knows this is coming, because if the [Court’s] judges issue a warrant, it will be an opportunity to stop the crimes and protect civilians,” Luis Moreno-Ocampo said during a Headquarters news conference this afternoon.

The names will be released the day the case is presented to the Court’s Pretrial Chamber, he said.  The judges must then decide whether sufficient grounds exist to issue arrest warrants.

Earlier in the day, Mr. Moreno-Ocampo presented the report of his Office’s initial investigation, carried out under Council resolution 1970 (2011), to the Security Council.  He said arrests, torture and disappearances were ongoing in Tripoli and other Libyan cities, not just areas in which there was armed conflict. (See Press Release SC/10241)

His Office was cooperating with the Commission of Inquiry created by the Human Rights Council to investigate the crimes, he said.  The Commission, which had conducted a fact-finding mission to Tripoli and Benghazi, would present its report to the Council by the beginning of June.

He said he was seeking more information about allegations of rape and attacks on sub-Saharan African civilians wrongly perceived to be mercenaries for the Libyan Government.  The Commission’s forthcoming report would help his Office assess whether there was a need to present new cases to the Court.

Asked who were among the 45 people interviewed by his Office about the crimes, he said most of them were witnesses and some were insiders with knowledge of where and how the crimes had been committed.

Asked if the Court’s investigation of the rebels only concerned allegations of murder and beating of sub-Saharan Africans thought to be mercenaries, he said the Court was also looking into other charges, such as alleged mistreatment and killing of prisoners.

About whether the Court was investigating the air strikes by the North Atlantic Treaty Organization (NATO) in Libya and whether such strikes went beyond what was authorized by Council resolution 1970 (2011), he said he was waiting for the final report of the Commission of Inquiry, which had discussed the matter in Tripoli with members of the Administration of Libyan leader Muammar Al-Qadhafi. 

Responding to a request for clarification about whether Mr. Qadhafi and any of his sons would be indicted for ordering attacks or if the Court would only indict those people who carried them out, he said his Office investigated crimes only, and not political acts.  While crimes against humanity were usually committed by organizations, not individuals, it was not enough to be at the top of an organization.  To indict a person, the Court must have evidence of the individual’s personal involvement in the crime.  “We are following the evidence.  We are not trying to be politically correct,” he said.

Regarding a claim reportedly made earlier in the day by the Libyan Deputy Foreign Minister that the Court’s report was based on unverified information, Mr. Moreno-Ocampo said evidence would be verified by impartial judges from three different countries and that the suspects had the right to challenge it in court.

Concerning the Foreign Minister’s assertion that Libya would allow a Security Council fact-finding mission to Libya but not a Court-sponsored one because Libya was not a Court member, he said the Libyan Government should cooperate with the Court because the Security Council had unanimously referred the Libyan case to the Court.  Libya was a United Nations Member State and, therefore, must comply with the Organization’s Charter.

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For information media • not an official record