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The ICC Prosecutor Reports to the Security Council on the Situation in Libya

On 2 November 2011, the ICC Chief Prosecutor, Luis Moreno-Ocampo, reported to the UN Security Council on the situation in Libya. This is an important report because it shows the steps taken so far by the Office of the Prosecutor (OTP or Office) to investigate the crimes committed in Libya, the interaction with Libyan authorities and issues of complementarity, steps taken to track down assets of the accused to be used for reparations for the victims, issues of State cooperation and the support by the Security Council, and so on.

The ICC was seized of the situation in Libya through UN Security Council Resolution 1970 (2011) to investigate crimes committed there since 15 February 2011. On 27 June 2011, Pre-Trial Chamber I issued warrants of arrest for Muammar Gaddafi, Saif Al -Islam Gaddafi, and Abdullah Al-Senussi for murders as a crime against humanity under article 7(1)(a) of the ICC Statute and persecution as a crime against humanity under article 7(1)(h) of the ICC Statute. On 20 October, Muammar Gaddafi was killed at the hands of opposing Libyan forces, so the case against him will have to be discontinued. The OTP has been in informal contacts with Saif Al -Islam Gaddafi, to ensure his transferral before the ICC. In the meanwhile, the OTP continues to search out the personal assets of Saif Al -Islam Gaddafi and Abdallah Al-Senussi for the potential benefit of the victims, through  reparations awarded by the Court.

Moreono-Ocampo reported to the Security Council that the current focus of the Office  investigations  is twofold: firstly, it  continues the  collection of evidence against Saif Al-Islam Gaddafi and Abdullah Al-Senussi in  preparation for their eventual trial.  Secondly, the Office is continuing its  investigations into gender crimes in Libya. The OTP will continue investigations into Saif Al-Islam Gaddafi and Abdallah Al-Senussi and into rapes and in May 2012 will evaluate the possibility for further investigations. Ocampo clarified that the possibility to carry out all of these investigations will depend on the budget available to the Office. He informed the Security Council that this is a matter currently under discussion and it will be decided during December 2011 in the upcoming session of the Assembly of States Parties.

The Chief OTP Prosecutor also stated that 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 will be examined impartially and independently by  the  Office.

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