The situation in Libya was referred to the ICC by the United Nations Security Council on February 26, 2011. On 3 March 2011, the ICC Prosecutor decided to open an investigation and requested, on 16 May 2011, the issuance of the arrest warrants.
In its resolution 1970, the UN had stressed the obligation for Libya to cooperate with the ICC. "The first option is Gaddafi's aides", Ocampo said. "They can be part of the problem and be prosecuted, or they can be part of the solution, work together with the others Libyans and stop the crimes".
Another option would be that the suspects be arrested by the Transitional National Council (TNC). "We have to do it on our own" claimed on Monday Mohammed El-Alagi, who is in charge of Justice within the TNC.
According to Luis Moreno Ocampo, NATO has nothing to do with the arrest warrants. "International forces have no specific mandate to implement arrest warrants and the Court is not asking for that", he declared on Tuesday.
However, this new situation might make life difficult for those trying to convince Gaddafi that he should go into exile. "More than ever there is an urgent need for negociations. But negociations have to respect Resolution 1970 to do justice in Libya and the Court's decision", Moreno Ocampo declared.
© Agence Hirondelle