The ICC has called for the extradition of Mr Saif Al Islam Gaddafi to stand trial at The Hague based court for his alleged role in war crimes and crimes against humanity. The warrant of arrest for Saif was issued on 27 June 2011. The case remains in the Pre-Trial stage, pending Saif’s transfer to the The Hague.
At the moment, he is being held by rebels in the northern part of Libya and ICC hopes they can surrender him for trial.
Following the events in Tunisia and Egypt 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 the regime of Muammar Gaddafi which started in February 2011.
The Pre-Trial Chamber I found that there were reasonable grounds to believe Saif was his father’s unspoken successor and the most influential person within his inner circle and, as such, he exercised control over crucial parts of the State apparatus, including finances and logistics and had the powers of a de facto Prime Minister.
Gaddafi, in coordination with his inner circle, including Saif conceived a plan to deter and quell, by all means, the civilian demonstrations against the regime, and that both of them made an essential contribution to implement that plan.
Meanwhile, the Office of the Prosecutor of the International Criminal Court has lamented over lack of enough resources to investigate war crimes in Libya.
During a private meeting on Wednesday 25, May, this month with Friends of ICC in New York, Chief Prosecutor, Fatou Bensouda said until the issue of resources is solved, the Office will be unable to advance the investigations as rapidly as desired.
The Prosecutor has been investigating the situation in Libya over the last six months although there has been little progress also due to instability and current security situation.
Bensouda said her office is assessing the potential to expand its investigations into new crimes committed by the new guard.