Gender Report Card on the International Criminal ... - YWCA Canada

OTP Situations and Cases
shrine. 963 While the NTC has announced that it
will investigate the circumstances of Gaddafi’s
death, questions have been raised about their
willingness to investigate other crimes allegedly
committed by rebel forces, including killings and
looting. 964
On 2 November 2011, Chief Prosecutor Moreno-
Ocampo informed the Security Council that
the Registry was following formal procedures
to obtain official documentary confirmation
of Gaddafi’s death from the new Libyan
Government, and stated that the Pre-Trial
Chamber could, on receipt of the documents,
withdraw the arrest warrant and formally end
the case against him. 965 At the time of writing
this <strong>Report</strong>, the Pre-Trial Chamber has not yet
taken such steps.
On 30 August 2011, the media had reported that
Al-Senussi had allegedly been killed together
with Gaddafi’s son Khamis; 966 however, at the
time of writing this <strong>Report</strong>, media outlets quoted
officials in Niger as stating that Al-Senussi was
in exile in northern Mali. 967 Mali is a State Party
of the ICC and would be obliged to enforce the
arrest warrant against Al-Senussi. 968
Following the confirmation of Gaddafi’s death
by the NTC, the Chief Prosecutor of the ICC and
INTERPOL have called on Saif Al-Islam, Gaddafi’s
son, to turn himself in. In a joint statement on
20 October, they state that ‘both institutions will
coordinate with INTERPOL member countries
to provide safe passage to The Hague’. 969 In
addition, the Prosecutor reported that he has
been in ‘indirect’ contact with Saif Al-Islam,
through intermediaries, about the possibility
of turning himself in to the Court. 970 Saif Al-
Islam has been a fugitive since August; as of the
writing of this <strong>Report</strong>, accounts place him in
exile in various African nations including Niger
and Mali, both States Parties of the ICC. 971
On 29 October, the NTC renounced its prior
support for the ICC Arrest Warrant and now
claims that Saif Al-Islam should be tried in Libya.
Its spokesman Colonel Ahmed Bani asserted:
‘This is where he must face the consequences of
what he has done … Libya has its rights and its
963 ‘Gaddafi buried in unmarked grave in Libya desert to
avoid creating shrine’, The Guardian, 25 October 2011,
available at , last visited
on 30 October 2011.
964 ‘In Libya, Massacre Site is Cleaned Up, Not Investigated’,
New York Times, 24 October 2011, available at , last visited on 1 November 2011.
965 ‘Statement to the United Nations Security Council
on the Situation in Libya, Pursuant to UNSCR 1970
(2011)’, Prosecutor of the International Criminal
Court, 2 November 2011, para 8, available at
, last visited on 3 November 2011.
966 ‘Rebels believe Gaddafi intelligence chief is dead’,
ahramonline, 30 August 2011, available at ,
last visited on 25 October 2011.
967 ‘Al Senussi, Gaddafi’s intelligence chief, in Mali: <strong>Report</strong>s’,
Global Post, 27 October 2011, available at , last visited
on 1 November 2011.
968 See < http://www.icc-cpi.int/Menus/ASP/states+parties/
African+States/Mali.htm>.
969 OTP Weekly Briefing, Issue #102, 18-24 October 2011.
970 ‘Qaddafi Son Maintains Innocence as Criminal Court
Cites Indirect Talks’, New York Times, 28 October 2011,
available at , last visited
on 30 October 2011. The ICC issued an Arrest Warrant
against Saif Al-Islam on 27 June 2011 alleging crimes
against humanity.
971 ‘Qaddafi Son Maintains Innocence as Criminal
Court Cites Indirect Talks’, New York Times, 28
October 2011, available at , last visited on 30 October 2011; ‘ICC in talks
with Gaddafi’s fugitive son’, Al Jazeera, 28 October
2011, available at < , last
visited on 1 November 2011.
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