Course of action before the ICC following the arrest of the suspect Saif Al Islam Gaddafi in Libya

ICC-CPI-20111123-PR746

Pre-Trial Chamber I of the International Criminal Court (ICC) issued a warrant of arrest for Saif Al Islam Gaddafi on 27 June 2011, for two charges of crimes against humanity consisting of murder and persecution. The warrant of arrest remains outstanding and procedures as provided for in the Rome Statute need to be followed. The Pre-Trial Chamber Judges have the exclusive competence to decide on the continuation of the ICC judicial procedure.

In accordance with Resolution 1970, adopted unanimously by the United Nations Security Council on 26 February 2011, the Libyan authorities have the obligation to cooperate fully with the Court. On 5 July 2011, a request for cooperation with regard to the surrender of the suspect was notified, together with the warrant of arrest, to the Libyan authorities.

Should the Libyan authorities wish to conduct national prosecutions against the suspect, they shall submit a challenge to the admissibility of the case before Pre-Trial Chamber I, pursuant to articles 17 and 19 of the Rome Statute of the ICC. Any decision on the admissibility of a case is under the sole competence of the Judges of the ICC.

Therefore, contrary to what has been reported in the media, Pre-Trial Chamber I of the ICC remains seized of the case and the Libyan obligation to fully cooperate with the Court remains in force.

For further information, please contact Fadi El Abdallah, Spokesperson and Head of Public Affairs Unit, International Criminal Court, by telephone at: +31 (0)70 515-9152 or +31 (0)6 46448938 or by e-mail at: fadi.el-abdallah@icc-cpi.int.

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