Jan Hennop
November 21, 2011
THE HAGUE: Libya's transitional government must hand over Saif al-Islam, the son of Muammar Gaddafi, to the International Criminal Court, an official said, while holding out the prospect of an ICC trial in Tripoli.
With the capture of the last of the former ruling Gaddafi family, the ICC and Libya's new government were at loggerheads over where and how to try Saif Gaddafi, who is wanted for alleged crimes against humanity.
An ICC spokesman said its chief prosecutor, Luis Moreno-Ocampo, would travel to Libya this week for talks with the new regime, as world leaders called on the authorities in Tripoli to ensure that justice was done.
Captured ... Saif al-Islam Gaddafi on the plane to Zintan. Photo: Reuters
Saif was arrested in the south of Libya, a senior National Transitional Council official said late on Saturday, a month after the capture and gruesome killing of his father, Muammar Gaddafi.
Russia's special representative for Africa, Mikhail Margelov, articulated worldwide concerns.
''We are happy that this time the new authorities in Libya did not resort to summary justice for Saif al-Islam, the son of the ousted leader Gaddafi,'' he said.
Saif, who was considered Gaddafi's heir apparent, is wanted by the court for crimes against humanity, allegedly committed during the former regime's crackdown on pro-democracy protesters in February.
He, his father, and Gaddafi's security chief Abdullah al-Senussi, were accused of having orchestrated the operations against the protesters to put down the revolt by ''any means necessary''.
Mr Senussi is still at large.
The security forces, acting on orders, killed or wounded hundreds of anti-regime demonstrators, arresting hundreds of others as they tried to quash the uprising, which began in the middle of February.
''We are co-ordinating with the Libyan Ministry of Justice to ensure that any solution in regards to Saif al-Islam's arrest is in accordance with the law,'' Mr Moreno-Ocampo's spokeswoman said.
An ICC spokesman, Fadi Al-Abdallah, said the Libyan authorities were obliged to co-operate with the ICC and surrender him to the court as required by the United Nations resolution on Libya.
''If they want a trial in Libya, they must submit a request for dismissal, and procedures in Libya must be conducted on the same charges as those contained in the warrant of the ICC,'' Mr Abdallah said.
Libya's interim Prime Minister, Abdul-Rahim al-Keeb, said Saif al-Islam would get a ''fair trial''.
''I reassure our people and the world that Saif, and those with him, will be given a fair trial in which international rights and norms will be guaranteed,'' Mr Keeb told a news conference in Zintan, where Saif is being held.
Libya's interim leaders have said they want Saif to stand trial at home and that they will not extradite him.
Reuters reported Libya's Justice Minister as saying Saif faces the death penalty.
The ignominious end of Gaddafi himself and another son, Mutassim, both killed after being captured last month, has increased concerns for the fate of Saif. The US Statement Department called for him to receive humane treatment.
His trial ''would be another step away from a 40-year dark chapter in Libyan history and help move the Libyan people towards the peaceful and democratic future they deserve'', the department said in a statement.
NATO, Britain, France and Italy expressed similar sentiments in separate statements.
They were at the forefront of the UN-sanctioned military campaign to protect civilians and support the rebels, who eventually overcame the Gaddafi regime.
Agence France-Presse
Read more: http://www.smh.com.au/world/libya-fights-the-hague-for-gaddafi-sons-trial-20111120-1npet.html#ixzz1eKAROlFO
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