Photo Credit: Daily Mail /  Saif Al-Islam Gaddafi, son of former Libyan leader Muammar Gaddafi, is being sought by the International Criminal Court.

By Gary Raynaldo       DIPLOMATIC TIMES

The International Criminal Court Appeals Chamber confirmed that the case against Saif al-Islam Gaddafi, son of the late Libyan leader Moammar al-Gaddafi, is admissible before The Hague-based war crimes tribunal.  The ICC  Appeals Chamber rejected Al-Islam Gaddafi’s  appeal against the Pre-Trial Chamber I’s decision dismissing his challenge to the admissibility of this case.  In 2011, the ICC issued a warrant of arrest against Gaddafi for alleged crimes against humanity of murder and persecution.   Gaddafi argued that as a consequence of domestic proceedings conducted against him in Libya he cannot be tried at the ICC.   The Appeals Chamber recalled that the Court is “complementary to national criminal jurisdictions”.  A case is inadmissible when a person “has already been tried” and no person “who has been tried by another court” for crimes under the ICC jurisdiction shall be tried by the ICC with respect to the same conduct.  In reviewing the Pre-Trial Chamber’s decision, the Appeals Chamber found no error in it and agreed with its interpretation of the Rome Statute, indicating that the decision issued by a national jurisdiction must be final before a case can be declared inadmissible.

“Having considered the submissions of the Defense, the Prosecutor, the victims, Libya’s government and others, the Appeals Chamber found that the Pre-Trial Chamber did not err in concluding that the Libyan judgment of 28 July 2015 against Mr Gaddafi was rendered in absentia. This is also supported by the Libyan Government’s submissions to the ICC. Thus, under Libyan Law, the Tripoli Court’s judgment cannot be considered final. The Appeals Chamber further agreed with Pre-Trial Chamber I’s decision that the Libyan Law No. 6 (2015) in respect of amnesty is not applicable to the crimes for which Mr Gaddafi was convicted by the Tripoli Court. Accordingly, the Appeals Chamber rejects Mr Gaddafi’s appeal.”

-ICC Appeals Court Ruling Mar. 9, 2020.

 ICC Calls For Arrest And Surrender Of Son Of Former Libyan Dictator Gaddafi

Credit: icc.int /  The International Criminal Court’s headquarters in The Hague Netherlands

Credit: UN Photo/Evan Schneider /  ICC Prosecutor Bensouda addresses the UN Security Council on situation in Libya Nov. 2, 2018.

ICC chief prosecutor Fatou Bensouda has called for the arrest of Al-Islam Gaddafi, who remains at large  in Libya and is being sought by the war tribunal. Bensouda has steadfastly rejected  Al-Islam Gaddafi’s claim he is not subject to the  ICC court’s jurisdiction:

“For the reasons set out in my written response to this admissibility challenge, filed on the 28th of September 2018, I argued that Mr. Gaddafi’s case remains admissible before the Court. My sixteenth report, transmitted to the (UN Security) Council two weeks ago, briefly outlines my submissions. My Office maintains that Mr. Gaddafi must be arrested and surrendered to the Court.”

-ICC chief prosecutor Fatou Bensouda  said before the UN Security Council Nov. 2, 2018.

Accrding to the arrest warrant for Gaddafi, he faces two counts of Crimes against humanity including murder and persecution of civilians, allegedly conducted as part of an orchestrated campaign against demonstrators during the uprising in Libya in 2011. Gaddafi is one of several individuals in Libya whose alleged criminal acts could fall within the jurisdiction of the ICC, Bensouda said. She stated that her office  continues to monitor criminal actions of armed groups in the country.

Gaddafi Supporters Oppose ICC’s Decision to Put Saif al-Islam On Trial

“The decision of the International Criminal Court (ICC) to reject the appeal submitted by Saif al-Islam, son of late President Muammar Gaddafi, before The Hague, angered many Libyans, especially supporters of the former regime who stressed that local laws “prevent the extradition of Libyans to foreign countries,” reported Asharq AL-Awsat.

Libyan Activists Refuse to Hand Over Saif al-Islam Gaddafi to ICC

“Libyan parties have rejected the trial of Saif al-Islam, son of late Muammar al-Gaddafi, at the International Criminal Court (ICC) after Libya’s representative at the court, Ahmed al-Jehani, agreed to bring him to The Hague,” according to a report in Asharq AL-Awsat.