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---- by Peter Duveen
PETER'S NEW YORK, Wednesday, November 3, 2011--The North Altantic Treaty Organization and forces associated with the National Transitional Council of Libya are under investigation for criminal activity related to acts performed during the NATO intervention in Libya, according to a statement issued by the International Criminal Court yesterday.
"There are allegations of crimes committed by NATO forces, allegations of crimes committed by NTC-related forces, including the alleged detention of civilians suspected to be mercenaries and the alleged killing of detained combatants, as well as allegations of additional crimes committed by pro-Gaddafi forces," ICC chief prosecutor Luis Moreno-Ocampo said in a statement issued to the United Nations Security Council.
"These allegations will be examined impartially and independently by the Office," Ocampo said.
The main focus of the investigation, as it stands now, appears to be crimes allegedly committed by Qaddafi, his son Saif, and Abdullah Al-Senussi. ICC judges issued arrest warrants for the three in June. Since then, Qaddafi is believed to have died, while Saif Qaddafi and Al-Senussi have not been apprehended.
Against Qaddafi himself, Ocampo said that "[i]n order to retain power, Gaddafi ordered the persecution of those considered dissidents." ICC judges, he said, "concluded that in order to stop the crimes and protect civilians it was necessary to arrest Mr. Gaddafi." The statement was less specific regarding the charges against the other two, describing them in general terms as "crimes against humanity" including murder and persecution.
Ocampo indicated there was a problem with the official documentation of Muammar Qaddafi's death.
"On 20 October, Muammar Gaddafi died," said Ocampo. "The Registry of the Court is following the formal procedures to obtain official documents from the Libyan government to certify the death." The statement did not specify what such documentation would consist of, however. Ocampo said a review of the documentation could result in charges being dropped against Muammar Qaddafi, although it did not specify why, the implication being, however, that proof of death would end the court's action against him.
Ocampo said it was also investigating the use of rape as an instrument of war. He said the court was working with various countries to seize the assets of Saif Qaddafi that could be used to pay reparations to his victims in the event he was convicted. Ocampo made no mention of how those assets might be apportioned to pay for Qaddafi's defense, or for the support of his family during his absence in the event of a trial.
"The Court has sent at the end of September requests for assistance to Libya, State Parties, and five UN Security Council non-State Parties to identify, trace, seize and freeze all the personal assets belonging to the suspects," Ocampo said. "The Office strongly encourages the Security Council and States to assist the Court in identifying and isolating these assets," he said.
While holding out hope that Qaddafi and Senussi would surrender to the court, Ocampo did not indicate how the lives of the two could be safeguarded in a surrender attempt. Video footage of what is believed to be Saif's father Muammar Qaddafi shows him being mistreated by rebel forces before being murdered by them. A body said to have been Muammar Qaddafi's was displayed for days by the NTC before its reported burial at an undisclosed location.
Finally, Ocampo indicated that the ICC would not investigate charges against NATO and the NTC if the new Libyan government undertook such an investigation determined by ICC judges as credible.
"In accordance with the Rome Statute the International Criminal Court should not intervene if there are genuine national proceedings," Ocampo said. "Should the Libyan authorities decide to prosecute Saif al-Islam Gaddafi and Abdullah al Sanussi for the same crimes under investigation by the International Criminal Court, they should submit an admissibility challenge and it will be for the ICC Judges to decide."
[Reaction to Ocampo's statement from attorneys or relatives of the accused could not be obtained at press time. These will hopefully be supplied in an update to this article.]
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