The Hague, Netherlands | AFP | The International Criminal Court chief’s prosecutor Wednesday called for the “immediate arrest and surrender” of Moamer Kadhafi’s son Seif al-Islam, who was reportedly set free by a militia in Libya.
An arrest warrant issued by the Hague-based ICC against Seif in 2011 “remains valid and Libya is obliged to immediately arrest and surrender Mr Gaddafi…regardless of any purported amnesty law in Libya,” Fatou Bensouda said.
ICC Prosecutor calls for the immediate arrest and surrender of the suspects, Mssrs Saif Al-Islam Gaddafi and Al-Tuhamy Mohamed Khaled to the Court
My Office is aware of the latest media reports alleging that on 9 June 2017, Mr Saif Al-Islam Gaddafi (“Mr Gaddafi”) was released from the custody of the Abu-Bakr al-Siddiq Brigade of Zintan, Libya. Mr al-‘Ajami al-‘Atiri is the commander of this brigade.
We are currently verifying these reports and taking the necessary steps to determine Mr Gaddafi’s whereabouts. To this end, I call on the authorities of Libya, the United Nations Security Council, which referred the Libya situation to my Office, all States Parties to the Rome Statute, and all other States and relevant entities, to provide my Office with any relevant information in their possession.
The arrest warrant issued by the International Criminal Court (“ICC”, or the “Court”) against Mr Gaddafi on 27 June 2011 for the crimes against humanity of murder and persecution, allegedly committed in Libya in 2011, remains valid and Libya is obliged to immediately arrest and surrender Mr Gaddafi to the ICC, regardless of any purported amnesty law in Libya. Helping a fugitive to escape justice must not be tolerated, and Mr Gaddafi must be surrendered to the custody of the Court.
I call on Libya and all other States, if in a position to do so, to immediately arrest and surrender Mr Gaddafi to the ICC.
Similarly, I call for the immediate arrest and surrender of the suspect, Mr Al-Tuhamy Mohamed Khaled (“Mr Al-Tuhamy”), also the subject of an ICC arrest warrant in the Libya situation, made public on 24 April 2017. Mr Al Tuhamy is alleged to be responsible for the crimes against humanity of imprisonment, torture, other inhumane acts, and persecution, as well as for the war crimes of torture, cruel treatment and outrages upon personal dignity, committed in various Libyan localities in 2011. Mr Al-Tuhamy must be arrested and surrendered to the ICC without further delay.
INTERPOL has issued Red Notices for both Messrs Gaddafi and Al-Tuhamy, stressing that both individuals are wanted by the ICC.
I call upon any person who has information regarding the location of either Mr Gaddafi or Mr Al-Tuhamy to contact either their national or local police or the General Secretariat of INTERPOL (click here). Alternatively, information may be provided directly to the Office of the Prosecutor of the ICC, addressed to: Libya@icc-cpi.int.
It is imperative for both suspects to be apprehended and immediately surrendered to the custody of the ICC so that their guilt or innocence can be established through the Court’s independent and impartial judicial proceedings, and for justice to be done, and seen to be done. Accountability for Rome Statute crimes and the deterrent effect of the law are equally important components of achieving sustainable peace and stability in Libya.
The Office of the Prosecutor of the ICC conducts independent and impartial preliminary examinations, investigations and prosecution of the crimes of genocide, crimes against humanity and war crimes. The Office has been conducting investigations in: Uganda, the Democratic Republic of the Congo, Darfur (Sudan), the Central African Republic (two separate investigations), Kenya, Libya, Côte d’Ivoire, Mali and Georgia. The Office is also conducting preliminary examinations relating to the situations in Afghanistan, Colombia, Gabon, Guinea, Iraq/UK, Palestine, Nigeria, Ukraine, Burundi, and the registered vessels of Comoros, Greece and Cambodia.