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Libya: ICC Prosecutor to Brief UNSC on Investigation; Latest Statements and News
28 Apr 2011
Dear all,

Please find below information about recent developments related to the International Criminal Court's investigation in Libya.

On 4 May 2011, the Prosecutor of the International Criminal Court (ICC) Luis Moreno-Ocampo will report to the United Nations Security Council on progress made in his investigation regarding the situation in Libya. On 3 March 2011, the prosecutor opened a formal investigation into the situation in Libya, following a preliminary examination of available information. The prosecutor's announcement came after United Nations Security Council Resolution 1970 (2011), adopted on 26 February 2011, referring the situation to his office.

This message includes relevant media statements and documents (I) as well as related news and opinions (II).

Please take note of the Coalition's policy on situations before the ICC (below), which explicitly states that the CICC will not take a position on potential and current situations before the Court or situations under analysis. The Coalition, however, will continue to provide the most up-to-date information about the ICC.

With regards,

CICC Secretariat
www.coalitionfortheicc.org

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I. LATEST MEDIA STATEMENTS AND DOCUMENTS

A. ICC MEDIA STATEMENT

Note: This document has been produced by the ICC. The CICC Secretariat distributes it as part of its mandate to keep member organizations and individuals informed about developments related to the ICC. The document does not reflect the views of the CICC as a whole or its individual members.

"ICC Prosecutor to brief UN Security Council on investigation in Libya: "the protection of civilians will only come with the arrest of those most responsible for the most serious crimes"", ICC-OTP Media Advisory, 28 April 2011, http://www.icc-cpi.int/NR/exeres/E58D1288-F2D7-4929-9CF4-36495EA54AAE.htm

"From May 2 to 5, International Criminal Court (ICC) Prosecutor Luis Moreno-Ocampo will be in New York. Pursuant to UN Security Council Resolution 1970, on 4 May the Prosecutor will report to the Council on progress made in the investigations regarding the situation in Libya where he opened an investigation into allegations of crimes against humanity and war crimes. The Prosecutor will also update the Council on the Office's next steps including a possible request to judges to issue arrest warrants against those who appear to bear the greatest responsibility for crimes committed in Libya.

UN Security Council Resolution 1970, adopted on 26 February 2011 referred the Libya situation to the ICC. The Resolution considered "that the widespread and systematic attacks taking place in the Libyan Arab Jamahiriya against the civilian population may amount to crimes against humanity."

The Office of the Prosecutor conducted a preliminary examination and concluded that an investigation into the situation should be opened. The Office announced the opening of the investigation in Libya on 3 March 2011. The first case under investigation focuses on crimes against humanity committed against civilians since 15 February 2011. Allegations of war crimes committed by different parties will be further investigated. The Office will act with absolute impartiality.

The International Criminal Court is an independent, permanent court that investigates and prosecutes persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes."

B. COALITION MEMBERS DOCUMENTS

1. "Killing of captives points to war crimes by Libyan government forces," Amnesty International, Press release, 11 April 2011, http://www.amnesty.org/en/news-and-updates/killing-captives-points-war-crimes-libyan-government-forces-2011-04-11

"Amnesty International has today revealed fresh evidence of extrajudicial executions apparently committed by Colonel Mu'ammar al-Gaddafi's forces near the town of Ajdabiya in recent days....

"The deliberate killing of captured fighters is a war crime. All those responsible for such crimes - those who ordered or sanctioned them as well as those who carried them out - must be left in no doubt that they will be held fully accountable," said Malcolm Smart....

'Colonel al-Gaddafi's forces have been repeatedly violating international law, and these new killings seem to be the latest example. Perpetrators of such abuses must be held to account by the International Criminal Court,' said Malcolm Smart.

'Individual criminal responsibility applies to those involved in such crimes at all levels of the chain of command, from the top military and political leadership to the soldiers who fired the shots. Acting under orders of superiors cannot be used as a defence by those who commit war crimes'.

In the course of its six-week investigation in eastern Libya, Amnesty International has found strong evidence that Colonel al-Gaddafi's forces have deliberately killed unarmed protesters, directly attacked civilian residents fleeing the fighting, committed enforced disappearances and tortured detainees."

2. "Q & A on Laws of War Issues in Libya," HRW, 25 March 2011, http://www.hrw.org/en/news/2011/03/25/q-laws-war-issues-libya

"...On February 26, 2011, the UN Security Council adopted Resolution 1970, which referred the situation in Libya to the ICC, giving the court jurisdiction to prosecute war crimes and crimes against humanity since February 15, 2011...."

C. COALITION QUOTED

1. "The Security Council Has At Last Lived Up To Its Duty," OP-Ed by Kenneth Roth (HRW), Foreign Policy, 21 March 2011, http://www.hrw.org/en/news/2011/03/18/security-council-has-last-lived-its-duty

"Just when the "responsibility to protect" doctrine seemed to have become irretrievably tainted at the United Nations, the Security Council at last lived up to its duty to prevent mass atrocities. For the second time in three weeks, the council accomplished the politically impossible, first referring Libya to the International Criminal Court, then, yesterday, authorizing military force to protect civilians from Muammar al-Qaddafi's wrath....

The challenge now is not only to translate this remarkable Security Council consensus into effective protection for Libyans. It is to extend the human rights principles embraced for Libya to other people in need. The atrocities unfolding in the Ivory Coast demand just as much attention. Other people of the Middle East and North Africa are seeing their hopes for democracy quashed by authoritarian leaders. The people of Burma and Sri Lanka have endured massive war crimes with no justice. Can the Security Council respond to their plight as well?...."

2. "Gaddafi troops targeting and killing civilians in Misrata siege: HRW," International Business Times, 11 April 2011, http://www.ibtimes.com/articles/133000/20110411/libya-misrata-civilians.htm

"Human Rights Watch (HRW) has stated that soldiers loyal to Moammar Gaddafi are targeting and killing civilians during the government's siege of the port city of Misrata, in direct defiance of international laws....

HRW said it has conducted interviews with two doctors who are still tending to the wounded in Misrata as well as 17 civilians who have been evacuated to Benghazi from the Misrata, which has a population of about 300,000 and has become cut off from the outside world.

'The Libyan government's near siege of Misrata has not prevented reports of serious abuses getting out,' said Sarah Leah Whitson, Middle East and North Africa director at Human Rights Watch. 'We've heard disturbing accounts of shelling and shooting at a clinic and in populated areas, killing civilians where no battle was raging.'....

'The Libyan government should allow safe passage for civilians who wish to leave Misrata, including migrants,' said Whitson.

'It is crucial that regular humanitarian aid be delivered by land and sea to a population in dire need.'"

II. RELATED NEWS AND OPINIONS

1. "Int'l court warns Gadhafi not to attack civilians," Mike Corder, AP, 21 March 2011, http://www.sfexaminer.com/news/2011/03/intl-court-warns-gadhafi-not-attack-civilians#
2. "War crimes warning issued to Gadafy," Christopher Stephen, Irish Times, 21 March 2011, http://www.irishtimes.com/newspaper/world/2011/0319/1224292607488.html
3. "Qaddafi and His Forces Warned on War Crimes," Marlise Simons, The New York Times, 21 March 2011, http://www.nytimes.com/2011/03/17/world/europe/19hague.html?_r=1
4. "ICC prosecutor warns Gaddafi not to attack civilians," Reuters, 21 March 2011, http://www.reuters.com/article/2011/03/18/us-libya-icc-idUSTRE72H34Q20110318
5. "All despots should fear Gadhafi's fate," Daily Star, 21 March 2011, http://www.dailystar.com.lb/article.asp?edition_id=10&categ_id=17&article_id=126239#axzz1HFCLGXcg
6. "Gadhafi Must be Captured, Put on Trial, Says Opposition Leader," James Butty, VOA News, 21 March 2011, http://www.voanews.com/english/news/africa/Butty-Libya-Opposition-Crisis-Update-Shalluf-21march11-118347044.html.
7. "International Criminal Court probes Libya shootings," Craig Woodhouse, London Evening Standard, 22 March 2011, http://www.thisislondon.co.uk/standard/article-23 934411-international-criminal-court-probes-libya-shootings.do
8. "Libya in 'crimes against humanity'," UK Press Association, 22 March 2011, http://www.google.com/hostednews/ukpress/article/ALeqM5ggw3Kd75MV2BFkqaxYMsRpETuAKg?docId=N0141981300781372820A
9. "Everything you ever wanted to know about the legality of the no-fly zone and prosecuting Gadhafi for crimes against humanity," In the Arena, CNN, 22 March 2011, http://inthearena.blogs.cnn.com/2011/03/21/everything-you-ever-wanted-to-know-about-the-legality-of-the-no-fly-zone-and-prosecuting-gadhafi-for-crimes-against-humanity/
10. "Trials hope over demo attacks," Daily Record, 23 March 2011, no link available
11. "Hague warns dictators: Your day is over" , The Daily Mail, 23 March 2011, no link available
12. "ICC prosecutor goes to Egypt for Libya talks-report," Reuters, 23 March 2011, http://af.reuters.com/article/libyaNews/idAFLDE72M1A820110323
13. "Chris Stephen: Why targeting Gaddafi could leave UK pilots facing war crimes charges," Chris Stephen, New Scotsman, 23 March 2011, http://news.scotsman.com/world/Chris-Stephen-Why-targeting-Gaddafi.6738789.jp
14. "Libya in crimes against humanity," Andrew Woodcock, MSN UK, 23 March 2011, http://news.uk.msn.com/world/articles.aspx?cp-documentid=156607525
15. "Gaddafi war crime charges 'certain'," UK Press Association, 24 March 2011, http://www.google.com/hostednews/ukpress/article/ALeqM5g8UWF2njeK_1GvDjEPd1AKkajyDA?docId=N0202661300975327519A
16. "International court expects Libyan prosecution," Ben Hubbard, MSNBC/AP, 24 March 2011, http://www.msnbc.msn.com/id/42248480/ns/world_news-mideastn_africa
17. "An Interview With U.N. Secretary General Ban Ki-moon," Raghida Dergham, Huffington Post, 24 March 2011, http://www.huffingtonpost.com/raghida-dergham/an-interview-with-un-secr_b_839733.html
18. "ICC may open 2nd war crime case against Gaddafi," Ibon Villelabeitia, Reuters, 25 March 2011, http://af.reuters.com/article/topNews/idAFJOE72O04020110325
19. "Intl. Prosecutor Vows Gaddafi Regime Charges; Crimes Against Humanity Certain," Int'l Business Times, 25 March 2011, http://www.ibtimes.com/articles/126608/20110324/international-prosecutor-moreno-ocampo-gaddafi-crimes-against-humanity.htm
20. "Analysis-Probing Libyan killings, ICC support at turning point," Aaron Gray-Block, Reuters, 28 March 2011, http://af.reuters.com/article/libyaNews/idAFLDE72R0XW20110328
21. "Libya suspects will face justice at ICC: U.S.," Aaron Gray-Block, Reuters, 28 March 2011, http://www.msnbc.msn.com/id/42277117/ns/world_news-africa
22. "Crimes against humanity charges certain in Libya, court spokesman says," CNN, 28 March 2011, http://news.blogs.cnn.com/2011/03/25/crimes-against-humanity-charges-certain-in-libya-court-spokesman-says/
23. "ICC prosecutor certain of Gaddafi war crimes charges," Daniel Richey, JURIST, 28 March 2011, http://jurist.org/paperchase/2011/03/icc-prosecutor-certain-of-gaddafi-war-crimes-charges.php
24. "Coalition Pilots Liable for War Crimes?", International War Crimes Report, 28 March 2011, http://internationalwarcrimesreport.wordpress.com/2011/03/23/coalition-pilots-liable-for-war-crimes/
25. "Who Would Be Willing to Give Moammar Gadhafi Exile?", Lauren Frayer, AOL News, 29 March 2011, http://www.aolnews.com/2011/03/29/who-would-be-willing-to-give-moammar-gadhafi-exile/
26. "West weighs exile option for Gaddafi," The Australian, 29 March 2011, http://www.theaustralian.com.au/west-weighs-exile-option-for-gaddafi/story-fn7ycml4-1226029877713
27. "Deal could see Gaddafi escape prosecution," Belfast Telegraph, 29 March 2011, http://www.belfasttelegraph.co.uk/news/world-news/deal-could-see-gaddafi-escape-prosecution-15129516.html
28. "Britain says Gaddafi must face court, won't rule out exile," AFP, 29 March 2011, http://news.asiaone.com/News/AsiaOne+News/World/Story/A1Story20110329-270713.html
29. "Muammar Gaddafi's exit hindered by UN resolution, law experts warn," Robert Booth, Guardian (UK), 29 March 2011, http://www.guardian.co.uk/world/2011/mar/29/muammar-gaddafi-exit-un-resolution
30. "West willing to strike immunity deal with Gaddafi to end conflict," Oliver Wright, The Independent ( UK), 29 March 2011, http://www.independent.co.uk/news/world/politics/west-willing-to-strike-immunity-deal-with-gaddafi-to-end-conflict-2255919.html
31. "Reports: Qaddafi may get liability-free exile," CBS News World Watch, 29 March 2011, http://www.cbsnews.com/8300-503543_162-503543.html?keyword=international+criminal+court
32. "World powers move towards Kadhafi exile plan," Danny Kemp, AFP, 30 March 2011, http://news.yahoo.com/s/afp/20110329/wl_africa_afp/libyaconflictbritainconference
33. "Probing Libyan killings, ICC support at turning point," Aaron Gray-Block, Reuters, 29 March 2011, http://af.reuters.com/article/topNews/idAFJOE72R0H620110328
34. "UN resolution: Investigation makes it tough for leader to find 'legal' exit route," Robert Booth, AFP, 30 March 2011
35. "Trial, not exile, for Kadhafi, rebels demand," AFP, 30 March 2011, http://www.khaleejtimes.com/DisplayArticle09.asp?xfile=data/international/2011/March/international_March1619.xml&section=international
36. "London Libya conference leaves Gaddafi's fate undecided," Patrick Wintour, Guardian (UK), 30 March 2011, http://www.guardian.co.uk/world/2011/mar/29/london-libya-conference-leaves-gaddafi-fate-undecided
37. "Kadhafi exile 'the best option': analysts," AFP, 30 March 2011, http://www.google.com/hostednews/afp/article/ALeqM5hkCqBBRHLMC21sEYz8NDczZdcNnQ?docId=CNG.753ab0a4fe354b90b24a40ccfe558a03.501
38. "Gadhafi exile option poses many legal, political problems," Tim Lister and Zain Verjee, CNN, 31 March 2011, http://edition.cnn.com/2011/WORLD/africa/03/31/libya.end.game/#
39. "Uganda Says It Would Welcome Libya's Gadhafi," AP/NPR, 31 March 2011, http://www.npr.org/templates/story/story.php?storyId=134977902
40. "The battle for Libya," Richard Allen Greene, The Economist, 1 April 2011, http://www.economist.com/node/18488264?story_id=18488264
41. "Gaddafi planned civilian killings: ICC," National Post, 5 April 2011, http://www.nationalpost.com/news/world/Gaddafi+planned+civilian+killings/4561979/story.html
42. "Gaddafi planned civilian killings, Hague court says," Angus McSwan, Reuters, 5 April 2011, http://af.reuters.com/article/libyaNews/idAFLDE7340IZ20110405
43. "Qaddafi planned to crush protests by killing civilians, says ICC," Arab News, 6 April 2011, http://arabnews.com/middleeast/article345625.ece
44. "INTERVIEW-Security Council has political responsibility on Libya," Reuters, 6 April 2011, http://af.reuters.com/article/libyaNews/idAFWEA279820110405?sp=true
45. "UN rights probe on Libya to begin field mission Sunday," AFP, Lebanon, 8 April 2011, http://www.nowlebanon.com/NewsArchiveDetails.aspx?ID=259367
46. "UN appoints commission to probe rights abuses in Libya," Xinhua Net, 8 April 2011, http://news.xinhuanet.com/english2010/world/2011-04/08/c_13819709.htm
47. "Libye: échec de la médiation de l'Union africaine (Libya: the failure of mediation of the African Union)," Deutsche Welle, 12 April 2011, http://www.dw-world.de/dw/article/0,,6501153,00.html (In French)
48. "INTERVIEW-ICC budget "under pressure" to fund Libya probe," Aaron Gray-Block, Reuters, 14 April 2011, http://af.reuters.com/article/libyaNews/idAFLDE73D16O20110414
49. "Libye: Kadhafi devrait être traduit devant la Cour pénale internationale (Vanackere) (Libya: Libya: Gaddafi should be brought before the International Criminal Court [Vanackere])," Le Vif, 14 April 2011, http://levif.rnews.be/fr/news/belga-generique/libye-kadhafi-devrait-etre-traduit-devant-la-cour-penale-internationale-vanackere/article-1194990207668.htm (In French)
50. "Libya's Pathway to Peace," Barack Obama, David Cameron and Nicolas Sarkozy, Op-Ed, The New York Times, 15 April 2011, http://www.nytimes.com/2011/04/15/opinion/15iht-edlibya15.html?_r=2
51. "US reportedly seeks refuge for Gadhafi as fighting in Libya intensifies," Deutsche-Welle, 18 April 2011, http://www.dw-world.de/dw/article/0,,14995226,00.html
52. "Qui veut de l'encombrant Kadhafi ? (Who wants the bulky Gaddafi?)," Le Progrès, 18 April 2011, http://www.leprogres.fr/politique/2011/04/18/qui-veut-de-l-encombrant-kadhafi (In French)
53. "Les forces pro-Kadhafi sont 'en train de perpétrer un massacre' (The pro-Gaddafi forces are 'perpetrating a massacre')," AFP, 19 April 2011, http://www.tdg.ch/forces-pro-kadhafi-train-perpetrer-massacre-2011-04-19 (In French)
54. "LIBYE: Des évacués traumatisés décrivent l'horreur de Misrata (LIBYA: The traumatized evacuees describe the horror of Misrata)," IRIN, 19 April 2011, http://www.irinnews.org/fr/ReportFrench.aspx?ReportID=92521 (In French)
55. "L'ONU condamne l'utilisation de bombes à sous-munitions par le régime libyen (The UN condemns the use of cluster munitions by the Libyan regime)," AFP, 20 April 2011, http://www.ladepeche.fr/article/2011/04/20/1064121-L-ONU-condamne-l-utilisation-de-bombes-a-sous-munitions-par-le-regime-libyen.html (In French)
56. "Global 'responsibility to protect' the Libyan people," Bangkok Post, 20 April 2011, http://www.bangkokpost.com/opinion/opinion/232732/global-responsibility-to-protect-the-libyan-people
57. "Libyan forces pound rebels in Misrata," Ben Hubbard, AP, 21 April 2011, http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/04/20/MNAD1J4PPH.DTL
58. "Responsibility to protect, not reason to invade," Donald Rothwell, ABC (Australia), 21 April 2011, http://www.abc.net.au/unleashed/97706.html
59. "Vers une procédure pénale internationale contre Kadhafi ? (Towards international criminal proceedings against Gadhafi?)," Le Matin, 22 April 2011, http://www.lematin.ch/actu/monde/vers-procedure-penale-internationale-contre-kadhafi-404042 (In French)
60. "'Large scale' war crimes by Gaddafi forces," Marc Bastian, AFP, 23 April 2011, http://www.news.com.au/breaking-news/large-scale-war-crimes-by-gaddafi-forces/story-e6frfku0-1226043606242

C. AUDIO/VISUAL RESOURCES
1. "Libya: Could Col Gaddafi be prosecuted for crimes against humanity?", BBC News, 22 March 2011, http://www.bbc.co.uk/worldservice/news/2011/03/110321_libya_icc_wt_sl.shtml
2. "Exit Strategy: How Will Gadhafi Depart?", ABC News, 29 March 2011, http://abcnews.go.com/GMA/video/exit-strategy-how-will-gadhafi-depart-13244965?tab=9482931&section=1206828&playlist=&page=1
3. "International criminal court has begun an investigation against Gadhafi, What about Obama?", US State Dept, 31 March 2011, http://www.youtube.com/watch?v=B7m3g9puD2Y
4. "Foreign Ministers Discuss Next Steps In Libya," Phillip Reeves, NPR, 5 April 2011, http://www.npr.org/2011/03/29/134961373/Foreign-Ministers-Meet-To-Discuss-Libya
5. "Maître Philippe Moriceau, avocat du barreau de Bayonne, vice-président de la section française de l'ONG Avocats sans frontière (Philippe Moriceau, barrister of Bayonne, vice president of the French section of the NGO Lawyers Without Borders)," RFI, 26 April 2011, http://www.rfi.fr/emission/20110426-maitre-philippe-moriceau-avocat-barreau-bayonne-vice-president-section-francaise-o (In French)

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CICC's policy on the referral and prosecution of situations before the ICC:

The Coalition for the ICC is not an organ of the court. The CICC is an independent NGO movement dedicated to the establishment of the International Criminal Court as a fair, effective, and independent international organization. The Coalition will continue to provide the most up-to date information about the ICC and to help coordinate global action to effectively implement the Rome Statute of the ICC. The Coalition will also endeavor to respond to basic queries and to raise awareness about the ICC's trigger mechanisms and procedures, as they develop. The Coalition as a whole, and its secretariat, do not endorse or promote specific investigations or prosecutions or take a position on situations before the ICC. However, individual CICC members may endorse referrals, provide legal and other support on investigations, or develop partnerships with local and other organizations in the course of their efforts.

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