Official ICC Warrant of Arrest- Saif Al-Islam Gaddafi

8/6/2019 Official ICC Warrant of Arrest- Saif Al-Islam Gaddafi

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Cou rPna l eI n t e r n a t i o n a l eI n t e r n a t i o n a lC r i m i n a lC o u r t

Original: English No.: ICC-01/11Date: 27 Jun e 2011

PRE-TRIAL CHAMBER I

Before: Judge Sanji Mm asenono M onageng, Presiding JudgeJudge Sylvia SteinerJudge Cuno Tarfusser

SITUA TION IN THE LIBYAN ARAB JAMA HIRIYA

PUBLICWarrant of Arrest for Saif Al-Islam Gaddafi

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Decision to be notified in accordance with regu lation 31 of the Regulations of the Court to:

The Office of the Prosec utor Cou nsel for the DefenceMr Luis Moreno Ocampo, ProsecutorMs Fatou Bensouda, Deputy Prosecutor

Legal Represe ntatives of the Victims Legal Representatives of the Ap plicants

Unrepresented Victims Unrepresented Applicants forParticipation/Reparation

The Office of Public Counsel forVictims

The Office of Public Counsel for theDefence

States Representatives Amicus Curiae

REGISTRYRegistrarMs Silvana ArbiaDeputy RegistrarMr Didier P reira

Defence Support Section

Victims and W itnesses Unit Deten tion Section

Victims Participation and Repa rations OtherSection

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which impels it to exercise its discretion under article 19(1) of the Statute todetermine at this stage the admissibility of the case against Saif Al-Islam Gaddafi,without prejudice to any challenge to the admissibility of the case in accordance witharticle 19(2) of the S tatute ;

CONSIDERING that the Chamber finds that there are reasonable grounds tobelieve that, following the events in Tunisia and Egypt which led to the depa rture oftheir respective Presidents in the early months of 2011, a State policy was designedat the highest level of the Libyan State machinery and aimed at deterring andquelling, by any means, including by the use of lethal force, the demonstrations ofcivilians against the regime of Muammar Mohammed Abu Minyar Gaddafi("Gaddafi's regim e") which started in February 2011;

CONSIDERING that there are reasonable grounds to believe that in furtherance ofthe abovementioned State policy, from 15 February 2011 until at least 28 February2011 the Libyan Security Forces,^ following a consistent modus operandi, carried outthroughout Libya an attack against the civilian population taking part indem onstrations against Gaddafi's regime or those perceived to be dissidents;

CONSIDERING that, although the exact number of casualties resulting from theattack cannot be known due to a cover-up campaign implemented in order toconceal the commission of crimes by the Security Forces, there are reasonablegrounds to believe that, as of 15 February 2011 and within a period of less than twowe eks in Februa ry 2011, the Security Forces killed and injured as well as arrestedand imprisoned hundreds of civilians;CONSIDERING therefore that there are reasonable grounds to believe that asystematic and widespread attack, in furtherance of a State policy, targeting the^ The expression "Security Forces" is hereinafter used to define the Libyan security and military systemwhich is notably comprised of the Libyan Armed Forces and police ; the military intelligence ; theInternal and External Security Services; the Revolutionary Committees and its Bureau; theRevolutionary Guard; the People's Guard; the Revolutionary Combating militias; brigades andmilitia units.

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civilian population which was demonstrating against Gaddafi's regime or thoseperceived to be dissidents to the regime, occurred within the meaning of article 7(1)of the Statute;CONSIDERING in particular that there are reasonable grounds to believe thatthroughout Libya and in particular in Tripoli, Misrata and Benghazi as well as incities near Benghazi such as Al-Bayda, Derna, Tobruk and Ajdabiya, murdersconstituting crimes against hum anity w ere comm itted from 15 February 2011 until atleast 25 February 2011 by Security Forces as part of the attack against the civiliandemonstrators or alleged dissidents to Gaddafi's regime;CONSIDERING also that there are reasonable grounds to believe that, from 15February 2011 until at least 28 February 2011, in various localities of the Libyanterritory and in particular in Benghazi, Tripoli, Misrata and other neighboringtowns, inhuman acts that severely deprived the civilian population of itsfundamental rights were inflicted on it by the Security Forces because of thecivilians' political opposition (whether actual or perceived) to the Gaddafi's regime;

CONSIDERING that, in light of the Materials, there are reasonable grounds tobelieve that Saif Al-Islam Gaddafi, although not having an official position, isMuammar Gaddafi's unspoken successor and the most influential person within hisinner circle and, as such, at all times relevant to the Prosecutor's Application, heexercised control over crucial parts of the State apparatus, including finances andlogistics and ha d the po w ers of a de facto Prim e M inister;CONSIDERING that the evidence submitted by the Prosecutor provides reasonablegrounds to believe that the scale of the concerted actions by Saif Al-Islam Gaddafiand his father Muammar Gaddafi leads to the inference that Saif Al-Islam Gaddafi,as part of Muammar Gaddafi's inner circle and in coordination with him, conceivedand orchestrated a plan to deter and quell, by all means, the civilian demonstrationsagainst Gaddafi's regime;

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investigation, in particular by orchestrating the cover-up of the crimes comm itted bythe Security Forces; and to (iii) prevent him from continuing to use his power andcontrol over the Libyan State appara tus to continue the comm ission of crimes w ithinthe jurisdiction of the Court;

FOR THESE REASONS, the Chamber

HEREBY ISSUES a warrant of arrest for Saif Al-Islam Gaddafi (also spelt as"Qaddafi", "Qadhafi" or "Kadafi"), whose photograph is attached, born on 25 June1972 in Tripoli, Libya, honorary chairman of the Gaddafi International Charity andDev elopm ent F ound ation and acting as the Libyan de facto Prime M inister.

Done in English and French, the English version being au thoritative.

Judge Sanji Mmasenono MonagengPres iding Jv/ge

via Steiner Judge Cun o Tarfusser

Dated this Monday 27 June 2011At The Hagu e, The Netherlands

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Documents

Official ICC Warrant of Arrest- Saif Al-Islam Gaddafi