ICC prosecutor seeks 3 arrest warrants on Libya
Russian and South African delegates sharply criticized the NATO-led operations to protect civilians and enforce a no-fly zone and suggested the ICC should not limit its investigation to Libyan leader Muammar Gaddafi’s government.
The U.N. Security Council referred the Libyan violence to the ICC in February. ICC Prosecutor Luis Moreno-Ocampo is investigating Gaddafi, some of his sons and aides over what he called a "pre-determined plan" to attack protesters.
Moreno-Ocampo, addressing the U.N. Security Council about the progress of his investigation, said he will request three arrest warrants within weeks for alleged crimes against humanity committed in Libya since February 15.
"Crimes against humanity have been and continue to be committed in Libya, attacking unarmed civilians including killings and persecutions in many cities across Libya," Moreno-Ocampo said in a statement.
He urged states to prepare for arrests should ICC judges decide to issue warrants, stressing "now is the time to start planning on how to implement possible arrest warrants."
He gave no details on whose arrest he would seek. However, several U.N. diplomats told Reuters on condition of anonymity they would not be surprised if Moreno-Ocampo sought the arrest of Gaddafi himself, as well as his son Saif al-Islam.
The ICC has no police force and relies on member states to enforce arrests. Despite NATO bombing operations intended to protect civilians, Libya has been plunged into civil war, seriously complicating efforts to arrest ICC suspects.
RUSSIA, SOUTH AFRICA CRITICIZE NATO
Libya is not an ICC member state and is therefore not obligated to arrest the court’s suspects. Security Council powers the United States, Russia and China are not ICC members either, but voted in favor of referring Libya to the ICC.
The issue of enforcing any future ICC warrants is expected to be discussed at a meeting of a broad coalition of countries aligned against Gaddafi in Rome on Thursday, U.N. envoys told Reuters.
Russian Ambassador Vitaly Churkin criticized the NATO-led airstrikes and urged members of the coalition to adhere strictly to Security Council resolution 1973, which authorized "all necessary measures" to protect civilians.
Churkin said Moscow was "deeply alarmed" by the growing number of civilian casualties in Libya. He referred to the recent bombings in Tripoli, one of which killed Gaddafi’s son.
"Going beyond the mandate of 1973 in any way, and any disproportionate use of force, is unacceptable," he said.
South African Deputy Ambassador Doctor Mashabane suggested NATO should not be immune from investigation by the ICC.
"It is our sincere hope in considering the evidence, the office of the prosecutor will consider any actions that may have been committed in the purported implementation of resolution 1973," he told the council.
U.S. Ambassador Susan Rice welcomed Moreno-Ocampo’s plan to ask for arrest warrants soon. She said that Gaddafi’s forces continued to commit war crimes in their clashes with rebels.
"New reports make clear that the Gaddafi regime continues to directly target civilians," she said. "So the need for justice and accountability persists."
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