ICC’s Bensouda Submits Report on Libya After Attending Conference in Qatar – Al Marsad

Fatou Bensouda, the Chief Prosecutor of the International Criminal Court (ICC), presented yesterday her Office’s report on the situation in Libya, demanding the arrest and surrender of three Libyans wanted by the ICC. In her briefing to the Security Council, Bensouda reviewed the outputs of the ICC Eighteenth Report on what she described as war crimes in Libya and the proceedings’ progress with regards to the three named.

[Libya, 7 November 2019] – Fatou Bensouda addressed in her report, viewed by Al Marsad, the filed case before the International Criminal Court against Saif al-Islam Gaddafi after his lawyer requested to appeal the verdict issued against him on the cause of the lawsuit, and reconsider the trial of Saif al-Islam in either Libya or the Hague over allegations of crimes against humanity committed in Libya in 2011.

In connection with the case against Saif Al-Islam Gaddafi, Bensouda said the Appeals Chamber recently ordered a hearing be scheduled for 11 to 12 November to hear materials related to Saif Al-Islam’s legal appeal against the decision that deemed his case admissible.

Bensouda’s report also referred to the International Criminal Court’s request from the Libyan National Army (LNA) to apprehend and surrender to the ICC the Commander of the Patrols of the Thunderbolt Special Forces, Major Mahmoud Mustafa Busayf Al-Werfalli, for alleged war crimes during the LNA war on terrorism in Benghazi. According to the ICC Chief Prosecutor, Al-Werfalli had been promoted twice within the Libyan National Army.

Bensoudai also referred to the need to arrest and surrender the Director of the Internal Security Agency (ISA) of the former regime, Al-Tuhamy Mohamed Khaled, for allegedly committing serious crimes and detaining opponents of the toppled regime of the late Colonel Muammar Gaddafi.

ICC Chief Prosecutor Fatou Bensouda participated, before her Security Council briefing, in the 19th Session of the World Congress of Criminology in Doha, Qatar.

With regard to the former Director of the Military Intelligence, Major General Abdullah Al-Senussi, the report said, “there have been no significant developments during the reporting period in relation to the case against Abdullah Al-Senussi. Mr Al-Senussi’s ICC case was found inadmissible by PTC I on 11 October 2013. This decision was upheld by the Appeals Chamber on 24 July 2014. As previously reported to the Council, the Office is monitoring Mr Al-Senussi’s domestic case, which is pending before the Supreme Court of Libya.”

Bensouda noted in the report that “it is Libya’s obligation, first and foremost, to ensure accountability for crimes committed on its territory. However, where a domestic jurisdiction is not delivering, or cannot deliver, genuine justice, the ICC must be able to perform its essential function as a court of last resort,” according to the text of the Eighteenth Report of the International Criminal Court.

The Russian Federation Representative, Gennady V. Kuzmin said the Bensouda’s report gives “strangely short shrift” to results achieved by the International Criminal Court in Libya. “I have no comment,” he said, stressing that the people of Libya deserve stability.

The Russian Federation Representative, Gennady Kuzmin

It is noteworthy of mention that the ICC Chief Prosecutor has participated, before her Security Council briefing, in the World Congress of Criminology which held its nineteenth session in the Qatari capital of Doha. She stressed the importance of the Rome Statute and the increase in the number of ICC members in the region and beyond to enhance accountability for crimes.

Al Marsad English (2019)