ICC Complaint Will Continue Despite Prosecutor’s ‘Wrong’ Decision

May 1,2014
Source: Ikhwanweb


 On Friday 25th April 2014 the ICC prosecutor, Mrs Fatou Besouda, informed the democratically elected government of Egypt that the complaint submitted by them detailing serious allegations of international crimes cannot proceed.

Representatives of the democratically elected Government were notified of MrsBensouda’s decision in a personally signed letter dated 23 April 2014. Thedemocratically elected Government’s legal team today announced that the decision will not prevent accountability through the International Criminal Court. The distinguished legal team which includes former UK Director of Public ProsecutionsLord Ken Macdonald, former UN Special Rapporteur Professor John Dugard and ICC specialist Rodney Dixon QC are preparing to take the matter to the ICC Judges.

 

The complaint sent to the ICC contained strong evidence of serious criminal acts perpetrated by the military regime responsible for the coup d’état which resulted in death of over 2000 protestors and the detention of 20,000 people including President Morsi and members of the democratic Government. In meetings held with the ICC,senior officials had accepted that serious crimes had been committed in Egypt since the coup and equated the crimes to those that have been committed in Syria.
 

 

The ICC complaint contained an Article 12 (3) declaration, which allowed the ICC to investigate the situation in Egypt. It contained a clear and reasonable legal basis for opening a preliminary examination into the situation in Egypt and was supported byindependent opinions from leading international law experts. In contrast, the ICC Prosecutor accepted jurisdiction over the Ukraine as a result of a similar declaration. The ICC announced the Ukraine decision on the same day as informing the democratic Government about the Egypt decision.
 

 

Lawyers representing the government have expressed serious concern at the manner in which the decision was taken. The decision has been described as ‘wrong in law and devoid of proper and independent legal analysis’.
 

 

Tayab Ali of ITN Solicitors who acts for the democratically elected Government said:
 

 

‘We are instructed to take with immediate effect further legal action at the ICC to seek to defend the rights of the thousands of victims of the military's violent campaign to crush all opposition and maintain the illegal coup.

We do not agree that the ICC Prosecutor is able to administratively determine that the democratically elected Government of Egypt’s referral cannot proceed. Accordingly we will lodge an appeal with the ICC requesting Judges to review the decision made by the Prosecutor. The ICC was established to prevent international crimes and defeat impunity for those responsible for committing them. In a strong case such as this it is not appropriate for an incorrect administrative decision to prevent accountability for the many well-documented crimes that have been committed in Egypt
 

 

I am very disappointed by Mrs Bensouda’s personal decision which would cause the ICC to turn its back on investigating and deterring these crimes. It is surprising that the prosecutor has taken this decision in this way and more so when contrasted with the African Union’s decision in respect of death sentences, which has taken strong and positive steps to uphold human rights' protections in Egypt. The Chairperson of the African Commission has written to the Egyptian interim authorities directing that they suspend the death sentences and uphold international human rights law.
 

 

The complaint lodged at the ICC was based on sound legal principles, which although being clearly presented to the Prosecutor, have been entirely ignored. In addition the complaint contains the clearest evidence that the military regime in Egypt is responsible for committing crimes against humanity, which include murder, torture and enforced disappearance.
 

 

It should not be forgotten that the complaint rejected by the ICC prosecutor was in respect of a regime that has unarguably committed crimes against humanity against its own people and recently sentenced hundreds of people to death following trials that lasted only minutes.
 

 

It is of serious concern that on the same day that the ICC has recognized the declaration of the Ukrainian government for the killings of protestors, the Prosecutor has notified the democratically elected government of Egypt that its declaration is not acceptable and that those killed by the military regime cannot be investigated by the ICC.  The paradoxical positions taken about the two situations appear to suggest the process used by the Prosecutor to determine the similar complaints was at best seriously flawed and at worst inappropriately politically motivated’.

 

Link  http://www.ikhwanweb.com/article.php?id=31647.

ICC confirms Egypt complaint still under consideration

22 April 2014
Source: Middle East Monitor

The International Criminal Court (ICC) has confirmed that the complaint filed by the Freedom & Justice Party last year on behalf of the constitutional Government of Egypt is still under consideration by the Chief Prosecutor Mrs Fatou Bensouda despite untrue press reports to the contrary.

Following the coup d'état in July 2013 the Freedom & Justice Party submitted a formal complaint to the ICC along with an Article 12 (3) declaration bringing Egypt within the Court's jurisdiction. The complaint asks the ICC Prosecutor to investigate allegations of international crimes alleged to have been committed in Egypt since the coup.

The complaint submitted to the ICC contained evidence that showed that the post coup military regime had presided over widespread and systematic crimes which amounted to crimes against humanity. Since submitting the complaint a number of news organisations have incorrectly announced that the complaint had been rejected.

Lawyers acting for the constitutional Government, who are in contact with the ICC Prosecutor's office, have confirmed that the Prosecutor is still considering the complaint and supporting documentation and had not rejected it or come to a final decision about the status of the complaint.

Tayab Ali, partner of leading London law firm ITN solicitors, said 'The Interim Authority in Egypt is not able to hide from principles of international law. President Morsi's constitutional Government has the legal power to bind Egypt to international treaties and agreements. Accordingly, the ICC has no option but to act under the rule of law and hold perpetrators of International Crimes committed in Egypt accountable for what they have done to enforce their coup'.

Link:  www.middleeastmonitor.com/news/europe/11049-icc-confirms-egypt-complaint-still-under-consideration.

Libya must hand over Gaddafi spy chief: Hague judges

7 Feb, 2013
Reuters
Source: Yahoo News

AMSTERDAM (Reuters) - International Criminal Court judges ordered Libya on Thursday to hand over Muammar Gaddafi's former spy chief and let him see his lawyer, raising the stakes in a dispute over who has the right to try the deposed strongman's top lieutenants.

The statement placed the Hague-based court on a collision course with Libya's new rulers, who say Gaddafi-era leaders in their custody should face local justice over charges of mass killings and other atrocities.

The ICC judges said Libya must extradite Abdullah al-Senussi over his alleged role in orchestrating reprisals against the protesters in the 2011 uprising that overthrew Gaddafi.

"Libya remains under obligation to comply with the surrender request," the judges said in their statement.

They would decide later how to respond if the North African state continues to hold Senussi, the judges added. The court has the power to refer the matter to the U.N. Security Council.

"The ICC has ordered an immediate halt to Libya's unseemly rush to drag Mr. Al-Senussi to the gallows before the law has taken its course," said Ben Emmerson, Senussi's lawyer before the ICC.

Judges also ordered Libya to grant Emmerson access to his client.

Libya has become a test case of the effectiveness of the 10-year-old court, which relies on the cooperation of member countries to arrest suspects and enforce its orders.

A court-appointed lawyer for Gaddafi's son Saif al-Islam was detained in Libya for a month alongside three other court officials when she attempted to visit her jailed client. Since, court officials and defense lawyers have had no contact with either Saif al-Islam or Senussi.

Most recently, allegations have surfaced that Libya paid Mauritania $200 million to ignore the ICC arrest warrant last year, sending Senussi to Tripoli rather than to the ICC's detention center in The Hague.

(Reporting By Thomas Escritt; Editing by Andrew Heavens)

ICC issues Gaddafi arrest warrant

June 27, 2011
Posted in News, Week Commencing: June 27, 2011
Source: shabablibya.org

Libyan leader, his second-eldest son and his intelligence chief indicted for crimes against humanity.

ICC prosecutor Luis Moreno-Ocampo declared there would be “no impunity” for regime officials in Libya [REUTERS]

The International Criminal Court has issued arrest warrants for Libyan leader Muammar Gaddafi and two of his confidants, citing evidence of crimes against humanity committed against opponents of the Libyan regime.

Judge Sanji Mmasenono Monageng announced the decision on behalf of a three-judge panel in The Hague, where the Court is based, saying the warrants were meant to force Gaddafi, his son and his intelligence chief to appear before the court and prevent the possibility of a cover-up.

It was the second time in the ICC’s nine-year history that it has issued an arrest warrant for a sitting head of state. The ICC issued an arrest warrant for Sudanese President Omar al-Bashir in 2009; it has yet to be enforced.

Luis Moreno-Ocampo, the ICC’s chief prosecutor, submitted a 74-page dossier of evidence to the panel on May 16, requesting arrest warrants for Gaddafi, his second-eldest son, Saif al-Islam, and his intelligence chief, Abdullah Senussi.

The Court’s decision coincides with the 100th day of NATO operations in Libya. International military intervention succeeded in turning back Gaddafi’s advance on rebel-held cities, but opposition forces have made few advances since air strikes began on March 19.

Gaddafi has refused calls to step aside and has issued defiant video and audio messages from undisclosed locations, calling the intervention a “crusade” against his country and an attempt by the West to recolonise Libya. He is believed to still be in Libya, along with Saif al-Islam and Abdullah Senussi.

Ocampo had sought indictments for all three on charges of crimes against humanity. He alleged that the three met and planned a brutal crackdown against protesters who took to Libya’s streets in mid-February, emboldened by uprisings in nearby neighbouring Tunisia and Egypt.

Gaddafi and Senussi personally issued orders to attack protesters, and Saif al-Islam helped organise the recruitment of mercenaries to put down what became an armed rebellion based out of the country’s east, Ocampo said.

Security forces and mercenaries attacked civilians in their homes, used heavy weaponry on funeral processions, and set up snipers to shoot at worshippers leaving mosques, he said.

Ability to enforce warrant is unclear

Ocampo’s investigation focused on incidents in Benghazi, Misurata and Tripoli from February 15-20. Benghazi successfully overthrew government control in mid-February, while Misurata held out against an oftentimes indiscriminate attack by regime troops for months, only breaking out of its siege in May.

Gaddafi’s security forces successfully stifled dissent in Tripoli, the capital, but unrest in the form of enormous petrol-line queues, sporadic demonstrations and occasional night-time assassinations has begun to grow.

Thousands have so far died in the fighting, while around 650,000 others have fled the country. Another 243,000 Libyans have been displaced internally, according to figures from the United Nations.

The UN Security Council referred the Libyan conflict to the ICC on February 26, and Ocampo launched his investigation five days later.

It’s unclear what practical effect the arrest warrant will have on the three men. Gaddafi has made no public indication he is willing to give up power, and the warrant against Bashir seems to have little chance of being enforced: Bashir has travelled to Qatar, Chad and Egypt without incident.

Source Al Jazeera