The International Criminal Court (ICC) said Libya remains under an obligation to arrest and surrender Saif Al-Islam Gaddafi to be tired at The Hague, adding that the Prosecutor’s Office notes that efforts made by the Government of National Accord (GNA) to date have not succeeded in securing his arrest and surrender.
“As previously reported to the Council, on 5 May 2020, the Appeals Chamber unanimously rejected an appeal brought by Mr Saif Al-Islam Gaddafi against a decision issued by Pre-Trial Chamber I, confirming the admissibility of the case against him before the Court.” ICC said in a statement Friday.
The ICC repeated its call to Saif Gaddafi to immediately surrender to the competent Libyan authorities so that he can be transferred to the court.
Meanwhile, the ICC welcomed the signing of a ceasefire agreement by the Libyan parties in Geneva on 23 October 2020 under the auspices of the United Nations, hoping that this would lead to peace, stability and accountability in Libya.
“The Office was able to make significant progress in its investigations and conducted a number of missions in the field, including two important missions to Libya. These missions strengthened the mutual cooperation with relevant national authorities and stakeholders and enabled the Office to collect important evidence.” The statement reads.
The statement said the Prosecutor’s Office informed the Security Council before that credible information established that forces associated with Khalifa Haftar carried out airstrikes that resulted in civilian casualties and damage to civilian infrastructure, adding that it recently received credible reports indicating that mines have been used in the south of Tripoli of a type and in quantities not previously seen in Libya as part of crimes against humanity and violations of international humanitarian law.
The ICC also called for the arrest and surrender of Mahmoud Al-Werfalli and Al-Tuhamy Khaled, saying: “Neither the civilian authorities in eastern Libya nor Haftar’s have facilitated the arrest or surrender of Al-Werfalli to the Court, nor have they taken concrete steps to hold Al-Werfalli accountable for these alleged crimes. As a result, Mr Al-Werfalli remains at large in the Benghazi area.” The statement reads.
“Pursuant to Resolution 1970 (2011), the Office urges all States to remind prominent commanders including Mr Aqila Saleh, Supreme Commander of the LNA and Mr Wanees Boukhmada, Commander of Al-Saiqa Brigade to take all the necessary steps to arrest and surrender Mr Al-Werfalli to the Court.” It adds.