FIDH Urges States to Comply with ICC Arrest Warrant For Al-Tuhamy Mohamed Khaled
| Publisher | International Federation for Human Rights |
| Publication Date | 26 April 2017 |
| Cite as | International Federation for Human Rights, FIDH Urges States to Comply with ICC Arrest Warrant For Al-Tuhamy Mohamed Khaled, 26 April 2017, available at: https://www.refworld.org/docid/590b21ad4.html [accessed 7 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The ICC has publicly issued three other arrest warrants for Muammar Gaddafi (revoked following his death), and for Saif al Islam Gaddafi, and Abdullah Al-Senussi in relation to its Libya investigation, though to-date neither have been executed.
Saif al Islam Gaddafi, detained by the Zintan militia, was never transferred to the ICC or to Libyan authorities in Tripoli. Nonetheless, he was tried (in absentia) alongside Al-Senussi, and sentenced to death by firing squad by Libyan courts in 2015. The trial was plagued with serious concerns regarding international fair trial standards, and the decision is currently under appeal before the Libyan Supreme Court. Click here for more on this case.
The ICC arrest warrant still stands for Gaddafi and FIDH calls for his immediate surrender to the ICC and urges the UN Security Council's assistance, to firmly stand behind its 2011 decision to refer the situation in Libya to the ICC.
Al-Senussi's case before the ICC was declared inadmissible and upheld by the Appeals Chamber in 2014 because of the ongoing domestic proceedings. ICC judges ruled that Libyan authorities were both willing and able to carry out a genuine investigation and prosecution against Al-Senussi. FIDH again urges the ICC Prosecutor to request a review of the admissibility of the Al-Senussi case.
Last November, the Prosecutor announced before the United National Security Council that the Office of the Prosecutor will consider opening an investigation into alleged criminal acts against refugees and migrants in Libya, including any alleged acts of sexual violence or crimes against children. Considering the ongoing grave atrocities committed in Libya and the inability and unwillingness of national authorities to investigate those crimes, FIDH urges the Prosecutor to continue her investigations.
Background
The situation in Libya has been unstable since February 2011 when Gaddafi's regime started launching massive attacks against protesters and other civilians. The situation in Libya was then referred to the ICC by the Security Council on 26 February 2011, following Resolution 1970 which was adopted unanimously. The ICC Office of the Prosecutor announced the opening of an investigation on 3 March 2011.
