Cour Pénale Internationale - International Criminal Court

Original: English

No.: ICC-01/11
Date: 27 June 2011

Before:

PRE-TRIAL CHAMBER I

Judge Sanji Mmasenono Monageng, Presiding Judge
Judge Sylvia Steiner
Judge Cuno Tarfusser

SITUATION IN THE LIBYAN ARAB JAMAHIRIYA

PUBLIC

Warrant of Arrest for Muammar Mohammed Abu Minyar Gaddafi

Decision to be notified in accordance with regulation 31 of the Regulations of the Court to:

The Office of the Prosecutor - Counsel for the Defence

Mr Luis Moreno Ocampo, Prosecutor
Ms Fatou Bensouda, Deputy Prosecutor

Legal Representatives of the Victims Legal Representatives of the Applicants

Unrepresented Victims Unrepresented Applicants for Participation/Reparation

The Office of Public Counsel for The Office of Public Counsel for the Victims Defence

States Representatives Amicus Curiae

REGISTRY

Registrar - Defence Support Section

Ms Silvana Arbia
Deputy Registrar
Mr Didier Preira

Victims and Witnesses Unit - Detention Section

Victims Participation and Reparations Section - Other

PRE-TRIAL CHAMBER I ("Chamber") of the International Criminal Court ("Court");

NOTING Resolution 1970 unanimously adopted by the United Nations Security Council on 26 February 2011 and referring the situation in the Libyan Arab Jamahiriya ("Libya") since 15 February 2011 to the Prosecutor of the Court, in accordance with article 13(b) of the Rome Statute ("Statute");

NOTING the "Prosecutor's Application Pursuant to Article 58 as to Muammar Mohammed Abu Minyar GADDAFI, Saif Al-Islam GADDAFI and Abdullah ALS ENUSSI" ("Prosecutor's Application")1 filed by the Prosecutor on 16 May 2011, and by which he, inter alia, requested the issuance of a warrant of arrest for Muammar Mohammed Abu Minyar Gaddafi ("Muammar Gaddafi" or "Gaddafi"), for his alleged criminal responsibility for the commission of murder and persecution of civilians as crimes against humanity from 15 February 2011 onwards throughout Libya in, inter alia, Tripoli, Benghazi, and Misrata, through the Libyan State apparatus and Security Forces, in violation of article 7(1)(a) and (h) of the Statute and as principal to these crimes in accordance with article 25(3)(a) of the Statute;

HAVING examined the information and evidence ("Materials") provided by the Prosecutor in his Application in light of the standard set out in article 58 of the Statute to determine whether there are reasonable grounds to believe that Muammar Gaddafi has committed the crimes alleged by the Prosecutor, and that his arrest appears necessary;

NOTING articles 7(1)(a) and (h), 19, 25(3)(a) and 58 of the Statute;

CONSIDERING that, on the basis of the Materials provided by the Prosecutor, the Chamber believes that the case against Muammar Gaddafi falls within the jurisdiction of the Court and that there is no ostensible cause or self-evident factor which impels it to exercise its discretion under article 19(1) of the Statute to determine at this stage the admissibility of the case against Muammar Gaddafi, without prejudice to any challenge to the admissibility of the case in accordance with article 19(2) of the Statute;

CONSIDERING that the Chamber finds that there are reasonable grounds to believe that, following the events in Tunisia and Egypt which led to the departure of their respective Presidents in the early months of 2011, a State policy was designed at the highest level of the Libyan State machinery and aimed at deterring and quelling, by any means, including by the use of lethal force, the demonstrations of civilians against Gaddafi's regime which started in February 2011;

CONSIDERING that there are reasonable grounds to believe that in furtherance of the abovementioned State policy, from 15 February 2011 until at least 28 February 2011 the Libyan Security Forces,[2] following a consistent modus operandi, carried out throughout Libya an attack against the civilian population taking part in demonstrations against the Gaddafi's regime or those perceived to be dissidents;

[2 The expression "Security Forces" is hereinafter used to define the Libyan security and military system which is notably comprised of the Libyan Armed Forces and police; the military intelligence; the Internal and External Security Services; the Revolutionary Committees and its Bureau; the Revolutionary Guard; the People's Guard; the Revolutionary Combating militias; brigades and militia units.]

CONSIDERING that, although the exact number of casualties resulting from the attack cannot be known due to a cover up campaign implemented in order to conceal the commission of crimes by the Security Forces, there are reasonable grounds to believe that, as of 15 February 2011 and within a period of less than two weeks in February 2011, the Security Forces killed and injured as well as arrested and imprisoned hundreds of civilians;

CONSIDERING therefore that there are reasonable grounds to believe that a systematic and widespread attack, in furtherance of a State policy, targeting the civilian population which was demonstrating against Gaddafi's regime or those perceived to be dissidents to the regime, occurred within the meaning of article 7(1) of the Statute;

CONSIDERING in particular that there are reasonable grounds to believe that, throughout Libya and in particular in Tripoli, Misrata and Benghazi as well as in cities near Benghazi such as Al-Bayda, Derna, Tobruk and Ajdabiya, murders constituting crimes against humanity were committed from 15 February 2011 until at least 25 February 2011 by Security Forces as part of the attack against the civilian demonstrators or alleged dissidents to Gaddafi's regime;

CONSIDERING also that there are reasonable grounds to believe that, from 15 February 2011 until at least 28 February 2011, in various localities of the Libyan territory and in particular in Benghazi, Tripoli, Misrata and other neighboring towns, inhuman acts that severely deprived the civilian population of its fundamental rights were inflicted on it by the Security Forces because of this civilian population's political opposition (whether actual or perceived) to Gaddafi's regime;

CONSIDERING that, in light of the Materials, there are reasonable grounds to believe that Muammar Gaddafi, as the recognised and undisputed leader of Libya had, at all times relevant to the Prosecutor's Application, absolute, ultimate and unquestioned control over the Libyan State apparatus of power, including the Security Forces, and that, by virtue of that position and in coordination with his inner circle, including his son Saif Al-Islam Gaddafi, he conceived and orchestrated a plan to deter and quell, by all means, the civilian demonstration against his regime;

CONSIDERING that in light of the Materials, there are reasonable grounds to believe that Muammar Gaddafi contributed to the implementation of the plan by assuming paramount tasks that lead to the commission of the foregoing crimes and that, his contributions were essential for the realisation of the plan since he had the power to frustrate the commission of the crimes by not performing his tasks;

CONSIDERING further that there are reasonable grounds to believe that Muamrnar Gaddafi (i) intended to bring about the objective elements of the foregoing crimes; (ii) knew that his conduct was part of a widespread and systematic attack against the civilian population pursuant to the State policy, set up by him in coordination with his inner circle, including his son Saif Al-Islam Gaddafi, of targeting civilians perceived to be political dissidents; (iii) was well aware of his senior leadership role within the structure of the Libyan State apparatus and of his power to exercise full control over his subordinates and (iv) was aware and accepted that implementing the plan would result in the realisation of the objective elements of the crimes;

CONSIDERING accordingly that there are reasonable grounds to believe that Muammar Gaddafi is criminally responsible as an indirect co-perpetrator, under article 25(3)(a) of the Statute, for the following crimes committed by Security Forces under his control in various localities of the Libyan territory, in particular in Benghazi, Misrata, Tripoli and other neighboring cities, from 15 February 2011 until at least 28 February 2011:

i. murder as a crime against humanity, within the meaning of article 7(1)(a) of the Statute; and

ii. persecution as a crime against humanity, within the meaning of article 7(1)(h) of the Statute;

CONSIDERING that, under article 58(1) of the Statute, the arrest of Muammar Gaddafi appears necessary at this stage to (i) ensure his appearance before the Court; (ii) ensure that he does not continue to use his power to obstruct or endanger the investigation, in particular by orchestrating the cover-up of crimes committed by the Security Forces; and (iii) prevent him from continuing to use his power and absolute control over the Libyan State apparatus to continue the commission of crimes within the jurisdiction of the Court;

FOR THESE REASONS, the Chamber

HEREBY ISSUES a warrant of arrest for Muammar Mohammed Abu Minyar Gaddafi (also spelt as "Qaddafi", "Qadhafi" or "Kadafi"), whose photograph is attached, born in 1942 near Sirte, Libya, Commander of the Armed Forces of the Libyan Arab Jamahiriya and holding the title of Leader of the Revolution and, as such, acting as the Libyan Head of State.

Done in English and French, the English version being authoritative.

Judge Sanji Mmasenono Monageng Presiding Judge

Judge Sylvia Steiner
Judge Cuno Tarfusser

Dated this Monday 27 June 2011 At The Hague, The Netherlands

Source: International Criminal Court. Transcribed from PDF. Please check against the original.

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