Gaddafi regime systematically opened fire on peaceful protests, says international criminal court prosecutor
The Gaddafi regime has committed war crimes against Libyan pro-democracy protesters, opening fire "systematically" on peaceful demonstrations, according to a report to be issued today by the prosecutor for the international criminal court, who will seek arrest warrants against top members of regime later this month.
The prosecutor, Luis Moreno-Ocampo, has said he will ask judges at the court in The Hague for up to five warrants. He has not named his suspects but in his report to the UN security council today, he will indicate that they include people who gave orders for the alleged atrocities.
"It is indeed a characteristic of the situation in Libya that massive crimes are reportedly committed upon instruction of a few persons who control the organisations that execute the orders," the report says. "Arresting those who ordered the commission of crimes, should the judges decide to issue warrants, will contribute to the protection of civilians in Libya."
In the course of a two-month preliminary investigation, Moreno-Ocampo's investigators found widespread evidence of crimes against humanity.
"Concerning the manner and nature of the crimes, the shooting at peaceful protesters was systematic, following the same modus operandi in multiple locations and executed through security forces," the report says. "The persecution appears to be also systematic and implemented in different cities. War crimes are apparently committed as a matter of policy."
As well as the use of live ammunition against unarmed demonstrators, the ICC investigation found evidence of a range of abuses including torture, systematic rape, the use of cluster munitions and other heavy weaponry in urban areas, the use of civilians as human shields and the blocking of humanitarian supplies.
It says "civilians in Tripoli and other areas are reportedly subject to different forms of persecution because of their suspected association with the uprising. Systematic arrests, torture, killings, deportations, enforced disappearances and destruction of mosques have been reported in Tripoli, al-Zawiya, Zintan and the area of the Nafousa mountains. The victims are allegedly civilians who participated in demonstrations or talked to international media, activists, journalists, as well as citizens of Egypt and Tunisia that were arrested and expelled en masse because of their perceived association with the popular uprising."
The ICC prosecutor's office is also looking into several reports that anti-government crowds attacked and killed dozens of immigrants from sub-Saharan Africa, who were suspected of being pro-Gaddafi mercenaries.
"A number of sub-Saharan Africans were allegedly arrested by the new authorities in Benghazi and it is unclear whether they were innocent immigrant workers or prisoners of war," it says.
The report was commissioned by the security council on 26 February when it referred the case to the ICC. The investigation is highly significant politically as Nato went to war in Libya on "humanitarian grounds" on the strength of security council resolution 1970 authorising "all necessary measures" to protect civilians. If the court approves the arrest warrants it will help insulate the alliance against international criticism of his prolonged campaign in Libya.
Moreno-Ocampo will present his first application for an arrest warrant to the ICC's pre-trial chamber in the next few weeks.
"It will focus on those most responsible for crimes against humanity committed in the territory of Libya since 15 February 2011," he will tell the security council today. The prosecutor told Reuters news agency on Monday that he would initially ask for up to five warrants.
If the judges grant his request, the question will be who should carry out the arrests. Moreno-Ocampo will say today that if the Libyan government fails to act, the security council itself "should evaluate" how to do it. It is unclear whether Russia or China would veto the authorisation of Nato to carry out the arrests. That would most likely involve sending troops into Tripoli.