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Official ICC Case Information (English): The Prosecutor v. Muammer Gaddafi, Saif Al-Islam, Abdulla Senussi

Official ICC Case Information (English): The Prosecutor v. Muammer Gaddafi, Saif Al-Islam, Abdulla Senussi

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Published by: Libyan Youth Movement on Jun 27, 2011
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06/27/2011

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   I   C   C  -   P   I   D   S  -   C   I   S  -   L   I   B  -   0   1  -   0   0   1   /   1   1_   E  n  g   U  p   d  a   t  e   d  :   2   7   J  u  n  e   2   0   1   1
Situation in the Libyan Arab Jamahiriya
The Prosecutor v. Muammar Mohammed Abu Minyar Gaddafi,Saif Al-Islam Gaddafi and Abdullah Al-Senussi
Case No. ICC- 01/11-01/11
Date of birthin 1942Place of birthnear Sirte, LibyaNationalityLibyanSituation Commander of the Armed Forces of the Libyan Arab Jamahiriya andholding the title of Leader of the Revolution, and as such, acting as theLibyan Head of StateDate of birth25 June 1972Place of birthTripoli, LibyaNationalityLibyanSituation Honorary chairman of the Gaddafi International Charity andDevelopment Foundation and acting as the Libyan
de facto
PrimeMinisterDate of birthin 1949Place of birthin SudanNationalityLibyanSituationColonel in the Libyan Armed Forces and current head of the MilitarIntelligence
   C  a  s  e   I  n   f  o  r  m  a   t   i  o  n   S   h  e  e   t
Muammar Mohammed Abu Minyar Gaddafi (Muammar Gaddafi)Saif Al-Islam GaddafiAbdullah Al-Senussi
 
Alleged crimes (non-exhaustive list)
Pre-Trial Chamber I found that there are reasonable grounds to believe:

that following the events in Tunisia and Egypt in the early months of 2011, a State policy was designed at thehighest level of the Libyan State machinery and aimed at deterring and quelling, by any means, including by the use of lethal force, the demonstrations of civilians against the regime of Muammar Gaddafi which started inFebruary 2011; and

that in furtherance of the above-mentioned State policy, from 15 February 2011 until at least 28 February 2011 theLibyan Security Forces, which encompass units of the security and military systems, carried out throughout Libya– and in particular in Tripoli, Misrata and Benghazi as well as in cities near Benghazi such as Al-Bayda, Derna,Tobruk and Ajdabiya – an attack against the civilian population taking part in demonstrations against Gaddafi’sregime or those perceived to be dissidents, killing and injuring as well as arresting and imprisoning hundreds of civilians.Pre-Trial Chamber I also found that there are reasonable grounds to believe:

that
Muammar Gaddafi
 , as the recognised and undisputed leader of Libya had absolute, ultimate andunquestioned control over the Libyan State apparatus of power, including the Security Forces;

that, although not having an official position,
Saif Al-Islam Gaddafi
is Muammar Gaddafi’s unspoken successorand the most influential person within his inner circle and, as such, he exercised control over crucial parts of theState apparatus, including finances and logistics and had the powers of a de facto Prime Minister;

that Muammar Gaddafi, in coordination with his inner circle, including Saif Al-Islam Gaddafi, conceived a planto deter and quell, by all means, the civilian demonstrations against the regime, and that both of them made anessential contribution to implement that plan; and

that, once instructed by Muammar Gaddafi to implement the plan,
Abdullah Al-Senussi
used his powersover the military forces, commanded the forces in Benghazi and directly instructed the troops to attack civiliansdemonstrating in the city.
Key judicial developments
Referral and opening of the investigation
 On 26 February 2011, the United Nations Security Council decided unanimously (15 votes in favour) to refer thesituation in Libya since 15 February 2011 to the ICC Prosecutor, stressing the need to hold accountable thoseresponsible for attacks, including by forces under the control of those responsible, on civilians. After conducting a preliminary examination of the situation, the ICC Prosecutor concluded, on 3 March 2011, thatthere is a reasonable basis to believe that crimes under the ICC’s jurisdiction have been committed in Libya, since 15February 2011, and decided to open an investigation in this situation.
 Warrants of Arrest Issued on 27 June 2011ChargesPre-Trial Chamber I considers that there are reasonable grounds to believethat, under article 25(3)(a) of the Rome Statute, Muammar Gaddafi and Saif  Al-Islam Gaddafi are criminally responsible as indirect co-perpetrators and Abdullah Al-Senussi is criminally responsible as indirect perpetrator, for twocounts of crimes against humanity:

Murder, within the meaning of article 7(1)(a) of the Statute; and

Persecution, within the meaning of article 7(1)(h) of the Statute.
 
Warrants of Arrest
On 16 May 2011, the Prosecutor requested the issuance of these three warrants against Muammar Gaddafi, Saif  Al-Islam Gaddafi and Abdullah Al-Senussi for their alleged criminal responsibility for the commission of murderand persecution as crimes against humanity from 15 February 2011 onwards throughout Libya in, inter alia, Tripoli,Benghazi, and Misrata, through the Libyan State apparatus and Security Forces.On 27 June 2011, Pre-Trial Chamber I granted the Prosecutor’s request and issued three warrants of arrest for thesethree individuals.
Composition of Pre-Trial Chamber I
 Judge Sanji Mmasenono Monageng, Presiding Judge Judge Sylvia Steiner Judge Cuno Tarfusser
Representation of the Office of the Prosecutor
Luis Moreno-Ocampo, ProsecutorFatou Bensouda, Deputy Prosecutor
Defence Counsel for Muammar Gaddafi, Saif Al-Islam Gaddafi and Abdullah Al-Senussi
-
Legal Representatives of the Victims
-

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