The Chief Prosecutor of the International Criminal Court (ICC) Fatou Bensouda requested the UN Security Council to help urge Libyan authorities apprehend and surrender Saif Al-Islam Gaddafi - son of Moamar Gaddafi- and the commander of Saiqa Force of Haftar-led forces Mahmoud Al-Werfalli, as well as former head of Gaddafi’s Interior Security Agency Al-Tuhamy Khalid.
Bensouda told the Security Council that ending impunity of fugitives is very vital for the security situation in Libya.
“Surrendering fugitives to the ICC is very challenging. There can be no justice made to the victims until the criminals are surrendered to the court.” She remarked.
“In June Mr. Gaddafi argued that, because of ongoing domestic proceedings conducted against him in Libya, he cannot be tried at the ICC: this argument is rejected by the Court and the case, said Ms Bensouda, remains admissible: because Mr Gaddafi’s challenge is currently sub judice,“ she added.
Bensouda also said that Saif Gaddafi is just one of several individuals in Libya whose alleged criminal acts could fall within the jurisdiction of the ICC.
“On the 5th of June this year, Mr Gaddafi filed an admissibility challenge submitting that his case is inadmissible before the ICC. Significantly, in his challenge, Mr Gaddafi states that on or around the 12th of April 2016, he was released from custody of the Abu-Bakr al-Siddiq Battalion in Zintan, pursuant to an amnesty law. Mr Gaddafi also argues that as a consequence of the domestic proceedings conducted against him in Libya he cannot be tried at the ICC.” Bensouda’s statement reads.
She added that for the reasons set out in my written response to this admissibility challenge, filed on the 28th of September 2018, she argued that Saif Gaddafi's case remains admissible before the Court.
“Concerning the case of Mr Mahmoud Mustafa Busayf Al-Werfalli, a commander in the Al-Saiqa Brigade operating in and around Benghazi, this Council will recall that on the 15th of August 2017, a Pre-Trial Chamber of the Court issued an arrest warrant against him, having found reasonable grounds to believe that he is criminally responsible for seven execution incidents resulting in the murder of 33 individuals.” The statement adds.
