Archives For International Criminal Court

Instigator of racist violence, ICC Prosecutor Luis Moreno-Ocampo,  confirmed late on Sunday that Saif al-Islam Gaddafi had been detained by “rebel special forces” according to The Telegraph.

“Saif was captured in Libya,” he said.

“We have confidential information from different sources that we have within Libya confirming this.”

Libyan rebels had said earlier that they had detained Saif and Colonel Gaddafi’s eldest son Mohammed Al-Gaddafi.

According to BBC correspondent in Tripoli:

and

Saif’s brother Mohammed was also reportedly captured, but apparently managed to escape.

This is not the first time the heavily compromised alleged rapist (who was instrumental in spreading the false reports about mercenaries, mass rape and viagra) the has been involved in psyops in Libya.

Human Rights Investigations again demands his immediate resignation.

Update: Release from Reuters suggests some confusion within the ICC and the office of the prosecutor:

“There was no official confirmation from the National Transitional Council,” ICC official Fadi el-Abdallah said. “Different answers were given. That was a little ambiguous.”

He added that statements from both the ICC and the prosecutor on Monday said they had received information about the arrest but that they were trying to confirm this.

The office of the prosecutor, which told Reuters early on Monday it had confirmation from sources that Saif had been arrested, has not yet responded to requests for comment.

Update (23 August): Mahmud Jibril tells Al Jazeera in all transparency, three days ago one of the revolutionaries from Tripoli told him that Saif had been captured. Mahmud Jibril asked him if he had carried out the detention and was told – no another group. Mahmud Jibril told him to go to the place where Saif was kept to confirm after he saw him. The revolutionary said he would ring back in 30 minutes.  Mahmud Jibril rang Mustafa Abdel Jalil and told him that there was an unconfirmed report Saif had been captured but would have to wait for confimration. But the revolutionary in Tripoli did not ring back.

When Moreno Ocampo called he was told the reports received were not certain and unconfirmed. Ocampo was also told that the NTC would get back to him if it was confirmed as Mahmud Jibril believed some help would be required for security.

Mahmud Jibril confirmed that the report Saif wsas captured was very useful, including in ensuring more countries recognised the NTC and more embassies declared they had joined the rebels.

The NTC military spokesman Colonel Ahmad Bani also confirmed that Saif had never been under arrest and the news was not planned but did give good results including to surrenders of some brigades – in fact he said that they “won with this trick.”

Will US and Qatari war crimes be investigated by the ICC?

As far as the HRI investigation into the cluster bombing of Misrata is concerned the crucial passage in today’s statement seeking arrest warrants for Muammar Abu Minya Gaddafi, Saif Al Islam Gaddafi and the Head of the Intelligence Abdullah Al Sanousi is:

The Office will further investigate allegations of massive rapes, war crimes committed by different parties during the armed conflict that started at the end of February, and attacks against sub-Saharan Africans wrongly perceived to be mercenaries. “There will be no impunity for such crimes in Libya,” said the Prosecutor.

We will see if Luis Moreno-Ocampo has the balls to thoroughly investigate the war crimes committed by coalition forces.

On the issue of the apparent targeting of Africans by the ICC, there is a denial in the Q&A section. This denial doesn’t really hold water. If Libya was guilty of the cluster bombing of Misrata, Gaddafi could be held responsible by the ICC, if Barack Obama or Hamad bin Khalifa Al Thani are found to be responsible the ICC will not be able to prosecute them.

The reason for this is the following paragraph which the US insisted on before allowing the referral to the ICC:

6. Decides that nationals, current or former officials or personnel from a State outside the Libyan Arab Jamahiriya which is not a party to the Rome Statute of the International Criminal Court shall be subject to the exclusive jurisdiction of that State for all alleged acts or omissions arising out of or related to operations in the Libyan Arab Jamahiriya established or authorized by the Council, unless such exclusive jurisdiction has been expressly waived by the State.

USA and Qatari officials are not subject to the jurisdiction of the ICC unless their States waive their jurisdiction as they are not party to the Rome Statute.

Something seems to have been forgotten here by the American exceptionalists: something even the ancient Romans knew – the goddess Justicia is blind.