ICC to investigate all allegations of crimes in Libya

The Prosecutor of the International Criminal Court (ICC) Luis Moreno-Ocampo late Wednesday said all the allegations of crimes committed by NATO forces, the National Transitional Council (NTC) and pro-Gaddafi forces in Libya will be examined "impartially and independently" by his Office.He told the Security Council in a briefing on the preparations his Office is undertaking in accordance with resolution 1970 which referred the Libyan case to the ICC that his office, however, "shall not intervene if there are genuine national proceedings," if the new Libyan authorities are preparing a "comprehensive strategy" to investigate the crimes against the rebels and Colonel Gaddafi's death.He said the Court has requested official documents from the new Libyan authorities to certify his death. It may, after reviewing the documents, decide to withdraw the warrant against Gaddafi and to end the case against him.The ICC issued, last June, arrest warrants against Gaddafi, his son Seif Al-Islam and the top aide Abdullah Al-Sanussi. While Gaddafi was reported dead, the other two remain at large.As to the investigations regarding Saif al-Islam and Al-Sanussi, Ocampo said should the Libyan authorities decide to prosecute them for the same crimes already under investigation by the ICC, they should submit an admissibility challenge and it will be for the ICC Judges to decide. He indicated, however, that his Office continues the collection of evidence against those two in preparation for their eventual trial, adding that the possibility to carry out all of these investigations will depend on the budget available to his Office. He urged all Member States to do all they can to disrupt any attempts by mercenaries to facilitate their escape from Libya."It is up to (them) to decide if they will surrender themselves, remain in hiding, or try to escape to another country. It is (also) up to the Security Council and Member States to ensure that they face justice for the crimes for which they are charged," he said.US Ambassador Susan Rice told the Council that Gaddafi engaged in countless barbaric acts, "but this does not and cannot justify the apparently brutal way that he met his death." She welcomed the NTC's announcement of an investigation into his death and "will look to it to follow through by undertaking an effective inquiry." She stressed that "independent and impartial investigations into abuses committed in Libya on both sides are the first step in fulfilling the NTC's commitments to accountability and laying a foundation for a transition that embraces the rule of law." British Ambassador Mark Lyall Grant told the Council that the developments in Libya should give all governments reason to pause before using violence against their own people, citing Syria as an example. "The international community will ensure that responsible individuals within such governments are held to account, either in their own courts or international courts such as the ICC. Impunity is no longer tolerable. It is in this context that the Government of Syria ought to be aware that the eyes of the world are upon them," he warned.