The International Criminal Court (ICC) is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression (although it cannot currently exercise jurisdiction over the crime of aggression). It was set up in 2002.
The prosecutor of the ICC is Luis Moreno-Ocampo. Luis Moreno-Ocampo told the UN Security Council on May 4 that “crimes against humanity have been and continue to be committed in Libya,” but for now he is targeting just three people for arrest.
“I will request the judges to issue arrest warrants against three individuals who appear to bear the greatest criminal responsibility for crimes against humanity committed in the territory of Libya since February 15, 2011,” Moreno-Ocampo said.
It seems from media reports that he will issue arrest warrants for Gaddafi, his son Saif and the one other shortly.
It will be interesting to see whether the charges against Gaddafi will include the cluster bombing of Misrata.
We hope there will also be full investigation of any rebel, NATO or coalition war crimes.
To date, the ICC has only EVER charged people from Africa. What are the chances of anyone from the USA (Who do not accept its jurisdiction anyway) being charged?
Certain large human rights organisations, in particular Amnesty International and Human Rights Watch, are wedded to this project so loathe to criticise it.
Nevertheless, Human Rights Investigations calls for
1) An end to the selective enforcement of human rights by the ICC which could be said to amount to institutional racism.
2) Human rights activists to organise themselves using the internet, blogs, twitter and all the other tools at our disposal to investigate and expose human rights abuses, especially the massive human rights abuses perpetrated by the richest and most powerful governments.
Update 19 July
The Associated Press reports the African Union has called on its members to disregard the International Criminal Court’s arrest warrant for Moammar Gadhafi, an official confirmed 2 July 2011. The decision was passed by the African Union 1 July stating that the warrant against Gadhafi “seriously complicates” efforts by the organization to find a solution to the Libyan crisis.
Chairperson of the Commission of the African Union Jean Ping also told reporters that the ICC is “discriminatory” and only goes after crimes committed in Africa, while ignoring those he says were committed by Western powers in places like Iraq, Afghanistan and Pakistan.
“With this in mind, we recommend that the member states do not cooperate with the execution of this arrest warrant,” said the motion, which was shown to The Associated Press and whose passage was confirmed by Daniel Adugna, a spokesman in the AU commissioner’s office.