Saif Al-Islam Gaddafi
Saif Al-Islam Gaddafi was born on 25 June 1972 in Tripoli, Libya. He is the second eldest son of Muammar Gaddafi, who ruled Libya from 1969 to 2011.
Although not having an official position within his father’s regime, he was his unspoken successor and one of the most powerful persons within his inner circle. He exercised control over finances and logistics and hold the powers of a de facto Prime Minister.
In February 2011, after an anti-government demonstration violently suppressed by the security forces of Gaddafi’s regime, thousands of civilians were killed, subjected to violence and imprisoned in the cities of Benghazi and Misrata.
On 18 November 2011, Saif Al-Islam Gaddafi was captured by rebel fighters as he was trying to flee Libya to Niger and transferred in detention to the city of Zintan.
THE SECURITY COUNCIL RESOLUTION
On 26 February 2011, the United Nations Security Council (UNSC) adopted Resolution 1970 and hereby referred the situation in Libya to the Prosecutor of the International Criminal Court (ICC), who decided to open an investigation on 3 March 2011.
PROCEEDINGS BEFORE THE ICC
On 16 May 2011, the ICC Prosecutor requested the issuing of an arrest warrant for Saif Al-Islam Gaddafi for his alleged role in the commission, as a co-perpetrator, of the crimes against humanity of murder and persecution.
On 27 June 2011, the ICC’s Pre-Trial Chamber I granted the Prosecutor’s request and issued an arrest warrant against Saif Al-Islam Gaddafi.
The ICC’s arrest warrant was never executed, as the National Transitional Council of Libya arrested him but refused to hand him over to the ICC.
In December 2014, the ICC referred Saif Al-Islam Gaddafi’s case to the United Nations Security Council, owing to the Libyan Government’s inability or unwillingness to transfer him to the ICC to stand trial.
PROCEEDINGS IN LIBYA
On 18 November 2011, Saif Al-Islam Gaddafi was captured by members of the militia group Abu Bakr al-Siddiq.
In March 2014, the Tripoli Court of Assize charged Saif Al-Islam Gaddafi in absentia with war crimes and crimes against humanity in relation to the killings allegedly committed during Libya’s 2011 uprising.
On 28 July 2015, the Court of Assize convicted him on all charges and sentenced him to death by firing squad.
The decision of the Court of Assize was not followed by the Abu Bakr al-Siddiq group which refused to surrender him to the Libyan authorities.
In April 2016, the interim Government of Libya ordered his release on the basis of a recently approved amnesty law.
On 9 June 2017, the Abu Bakr al-Siddiq group released him from detention.
ANTI-GADDAFI UPRISING AND CIVIL WAR
In 1969, Colonel Muammar Gaddafi got to power and ruled the country in an autocratic regime until 2011, when anti-authoritarian protests swept through the Arab world and his government was overturned. On 15 February 2011, Libyan human rights campaigners were arrested in Benghazi (Eastern Libya), sparking clashes with security forces, which rapidly spread throughout the country resulting in an uprising against the Gaddafi regime. Many were killed and injured as the government forcefully tried to suppress the revolt. In March 2011, the UN Security Council adopted a resolution establishing a no-fly zone over Libya and authorizing air strikes to protect civilians, of which NATO assumed command. The main opposition group, the National Transitional Council (NTC), was recognized by some Western nations as the legitimate government of Libya. In August 2011, a major offensive by the rebels enabled them to enter the capital Tripoli. Gaddafi was forced to go into hiding, while his wife and three children fled to Algeria. On 20 October 2011, Colonel Gaddafi was captured and killed. The NTC took control of the country and in August 2012, handed over power to Libya’s newly elected parliament, the General National Congress. In November 2012, the new government was sworn in and started preparing the country for a new constitution and parliamentary elections.
HUMAN RIGHTS ABUSES, VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW AND INTERNATIONAL CRIMES
Many abuses of human rights and violations of international humanitarian law, such as targeting civilians or paramedics, torture and enforced disappearances, were reported during the uprising. On 25 February 2011, the Human Rights Council established the International Commission of Inquiry to investigate all alleged violations of international human rights law in Libya. The Commission reached the conclusion that international crimes, specifically crimes against humanity and war crimes have been committed in Libya by both the Government and the rebel forces.
The UN Security Council referred the situation in Libya to the International Criminal Court (ICC), which sought the arrest warrant of the Libyan leader Muammar Gaddafi, his son Saif Al-Islam Gaddafi and intelligence chief Abdullah Al-Senussi for crimes against humanity. However, Libya’s cooperation with the ICC remains limited. In May 2012, Libya filed an admissibility challenge to the ICC’s jurisdiction requiring the pending cases to be transferred to its domestic judiciary. The ICC has yet to decide upon the referral of the cases to Libya.
In May 2013, the ICC pre-trial chamber I rejected the objection of inadmissibility regarding Al-Islam. The Court has reaffirmed its competence to judge Gaddafi’s son for crimes against humanity, arguing that current investigations by the national Libyan authorities were not covering the same facts and behaviours as those under the ICC’s mandate. Today, Libya has not made any steps towards the surrendering of Al-Islam to the Court.
In October 2013, the Court has nonetheless decided that Al-Senussi will be judged in Libya. It has indeed considered that the current investigations in front of the Libyan tribunals are in accordance with the principle of complementarity.
Challenges also arise in relation to domestic prosecutions of persons suspected of having committed crimes against humanity or war crimes. On 2 May 2012, the Libyan authorities adopted a blanket amnesty law granting immunity to former rebels who fought to oust Gaddafi’s regime. The immunity covers military, security or civilian acts undertaken by revolutionaries with the aim of ensuring the revolution’s success and its goal, thus applying to everyone from the rebel forces and for every crime. This effectively bars any prosecution of international crimes committed by the opposition and is debatable in light of the findings of the International Commission of Inquiry about the commission of international crimes by both parties.