icc international criminal court warrant of arrest for muammar mohammed abu minyar gaddafi

8/6/2019 ICC International Criminal Court Warrant of Arrest for Muammar Mohammed Abu Minyar Gaddafi

1/7

Cou rPna l eI n t e r n a t i o n a l eI n t e r n a t i o n a lC r i m i n a lC o u r t

^ .

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

PRE-TRIAL CHAMBER I

Before: Judge Sanji M maseno no Mon ageng, Presiding JudgeJudge Sylvia SteinerJudge Cuno Tarfusser

SITUAT ION IN THE LIBYAN ARAB JAMA HIRIYA

PUBLICWarrant of Arrest for Muam mar Mo ham med A bu Minyar Gaddafi

No. ICC-01/11 1/7 27 Jun e 2011

ICC-01/11-13 27-06-2011 1/7 CB PT


2/7

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

The Office of the ProsecutorMr Luis Moreno Ocampo, ProsecutorMs Fatou Bensouda, Deputy Prosecutor

Counsel for the Defence

Legal Re prese ntatives of the Victims Legal Rep resentative s of the Ap plica nts

Unrepresented Victims Unrepresented Applicants forParticipation/Reparation

The Office of Public Counsel forVictims

The Office of Public Counsel for theDefence

States R epresentatives Amicus Curiae

REGISTRYRegistrarMs Silvana ArbiaDeputy RegistrarMr Didier Preira

Defence Support Section

Victims and Witnesses Unit Detention Section

Victims Participation and Repa rations OtherSection

No. ICC-01/11 2/7 27 Jun e 2011

ICC-01/11-13 27-06-2011 2/7 CB PT


3/7

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

NOTING Resolution 1970 unanimously adopted by the United Nations SecurityCouncil on 26 February 2011 and referring the situation in the Libyan ArabJamahiriya ("Libya") since 15 February 2011 to the Prosecutor of the Court, inaccordan ce w ith article 13(b) of the Rom e Statute ("Statute");NOTING the "Prosecutor's Application Pursuant to Article 58 as to MuammarMohammed Abu Minyar GADDAFI, Saif Al-Islam GADDAFI and Abdullah AL-SENUSSI" ("Prosecutor's Application")i filed by the Prosecutor on 16 May 2011, andby which he, inter alia, requested the issuance of a warrant of arrest for MuammarMohammed Abu Minyar Gaddafi ("Muammar Gaddafi" or "Gaddafi"), for hisalleged criminal responsibility for the commission of murder and persecution ofcivilians as crimes against humanity from 15 February 2011 onwards throughoutLibya in, inter alia, Tripoli, Benghazi, and Misrata, through the Libyan Stateap pa ratu s a nd S ecurity Forces, in violation of article 7(l)(a) and (h) of the Statute a ndas principal to these crimes in ac cordance w ith article 25(3)(a) of the Statute;HAVING examined the information and evidence ("Materials") provided by theProsecutor in his Application in light of the standard set out in article 58 of theStatute to determine whether there are reasonable grounds to believe that MuammarGaddafi has committed the crimes alleged by the Prosecutor, and that his arrestappears necessary;N O TIN G articles 7(l)(a) an d (h), 19, 25(3)(a) and 58 of the S tatute;

CONSIDERING that, on the basis of the Materials provided by the Prosecutor, theChamber believes that the case against Muammar Gaddafi falls within thejurisdiction of the Court and that there is no ostensible cause or self-evident factor^ ICC-01/11-4-Conf-Exp and its annexes.

N o. ICC-01/11 3/7 27 Ju ne 2011

ICC-01/11-13 27-06-2011 3/7 CB PT


4/7

which impels i t to exercise its discretion under article 19(1) of the Statute todetermine at th is s tage the admiss ib i l i ty of the case against Muammar Gaddaf i ,w itho ut prejudice to any chal lenge to the admiss ib i l i ty of the case in accordance w itharticle 19(2) of the Statute;

CONSIDERING tha t the Chamber f inds tha t there a re reasonab le g rounds tobel ieve that , fo l lowing the events in Tunis ia and Egy pt which led to the dep art ure oftheir respect ive Pres id ents in the early mo nth s of 2011, a State pol icy wa s desig nedat the h ighest level of the Libyan State machinery and aimed at deterr ing andquelling, by any means, including by the use of lethal force, the demonstrations ofciv i lians against Ga ddaf i ' s re gime w hich s tar ted in Feb ruary 2011;

CONSIDERING that there are reasonable grounds to bel ieve that in furtherance ofthe abo vem ention ed State pol icy , f rom 15 Feb ruary 2011 unt i l a t least 28 Fe brua ry2011 the Libyan Security Forces,^ following a consistent modus operandi, carried outthroughout Libya an at tack against the civ i l ian populat ion taking part indemonstrat ions against the Gaddaf i ' s regime or those perceived to be d iss idents ;

CONSIDERING that , a l though the exact number of casual t ies resul t ing f rom theat tack cannot be known due to a cover up campaign implemented in order toconceal the commission of crimes by the Security Forces, there are reasonablegr ou nd s to believe that, as of 15 Fe bru ary 2011 and w ith in a perio d of less tha n tw ow eek s in Fe bru ary 2011, the Security Forces killed and injure d as we ll as arr este dand imprisoned hundreds of c iv i l ians;

CONSIDERING therefo re tha t there a re reasonab le g rounds to be l ieve tha t asystematic and widespread attack, in furtherance of a State policy, targeting theciv i l ian populat ion which was demonstrat ing against Gaddaf i ' s regime or those^ The expression ''Security Forces" is hereinafter used to define the Libyan security and military systemwhich is notably comprised of the Libyan Armed Forces and police ; the military intelligence ; theInternal and External Security Services; the Revolutionary Committees and its Bureau; theRevolutionary Guard; the People's Guard; the Revolutionary Combating militias; brigades andmilitia units.

N o. ICC-01/11 4/7 27 Ju ne 2011

ICC-01/11-13 27-06-2011 4/7 CB PT


5/7

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 incities near Benghazi such as Al-Bayda, Derna, Tobruk and Ajdabiya, murdersconstituting crimes against hum anity w ere comm itted from 15 February 2011 until atleast 25 February 2011 by Security Forces as part of the attack against the civiliandemonstrators or alleged dissidents to Gaddafi's regime;CONSIDERING also that there are reasonable grounds to believe that, from 15February 2011 until at least 28 February 2011, in various localities of the Libyanterritory and in particular in Benghazi, Tripoli, Misrata and other neighboringtowns, inhuman acts that severely deprived the civilian population of itsfundamental rights were inflicted on it by the Security Forces because of this civilianpop ulation 's political opposition (whether actual or perceived) to Gaddafi's regime;

CONSIDERING that, in light of the Materials, there are reasonable grounds tobelieve that Muammar Gaddafi, as the recognised and undisputed leader of Libyahad, at all times relevant to the Prosecutor's Application, absolute, ultimate andunquestioned control over the Libyan State apparatus of power, including theSecurity Forces, and that, by virtue of that position and in coordination with hisinner circle, including his son Saif Al-Islam Gaddafi, he conceived and orchestrated aplan to deter an d quell, by all mea ns, the civilian demo nstration against his regime;CONSIDERING that in light of the Materials, there are reasonable grounds tobelieve that Muammar Gaddafi contributed to the implementation of the plan byassuming paramount tasks that lead to the commission of the foregoing crimes andthat, his contributions were essential for the realisation of the plan since he had thepow er to frustrate the comm ission of the crimes by not performing his tasks;

No. ICC-01/11 5/7 27 Ju ne 2011

ICC-01/11-13 27-06-2011 5/7 CB PT


6/7

CON SIDER ING further that there are reasonable groun ds to believe that Mua mm arGaddafi (i) intended to bring about the objective elements of the foregoing crimes;(ii) knew that his conduct w as part of a wide spread and systematic attack against thecivilian population pursuant to the State policy, set up by him in coordination withhis inner circle, including his son Saif Al-Islam Gaddafi, of targeting civiliansperceived to be political dissidents; (iii) was well aware of his senior leadership rolewithin the structure of the Libyan State apparatus and of his power to exercise fullcontrol over his subordinates and (iv) was aware and accepted that implementingthe plan would result in the realisation of the objective elements of the crimes;

CONSIDERING accordingly that there are reasonable grounds to believe thatMuammar Gaddafi is criminally responsible as an indirect co-perpetrator, underarticle 25(3)(a) of the Statute, for the following crimes committed by Security Forcesunder his control in various localities of the Libyan territory, in particular inBenghazi, Misrata, Tripoli and other neighboring cities, from 15 February 2011 untilat least 28 Feb ruary 2011:

i. m urd er as a crime against hum anity, within the mean ing of article 7(l)(a)of the Statute; and

ii. persecution as a crime against humanity, within the meaning of article7(l)(h) of the S tatute;

CONSIDERING that, under article 58(1) of the Statute, the arrest of MuammarGaddafi app ears necessary at this stage to (i) ensure his appea rance before the Court;(ii) ensure that he does not continue to use his power to obstruct or endanger theinvestigation, in particular by orche strating the cover-up of crimes comm itted b y theSecurity Forces; and (iii) prevent him from continuing to use his power and absolutecontrol over the Libyan State appa ratus to continue the com mission of crimes w ithinthe jurisdiction of the Court;

N o. ICC-01/11 6/7 27 Ju ne 2011

ICC-01/11-13 27-06-2011 6/7 CB PT


7/7

FOR THESE REA SON S, the Cham ber

HEREBY ISSUES a warrant of arrest for Muammar Mohammed Abu MinyarGaddafi (also spelt as "Qaddafi", "Qadhafi" or "Kadafi"), whose photograph isattached, born in 1942 near Sirte, Libya, Commander of the Armed Forces of theLibyan 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 MonagengPresiding Judge

Judge Sylvia Steiner Judge Cuno Tarfusser

Dated this Monday 27 June 2011At The Hague , The N etherlands

No. ICC-01/11 7/7 27 Jun e 2011

ICC-01/11-13 27-06-2011 7/7 CB PT

icc international criminal court warrant of arrest for muammar mohammed abu minyar gaddafi

Documents