Libyan authorities have requested the right to prosecute all individuals who committed crimes on its soil. On May 1st, they filed an application to judge Saif al-Islam Gaddafi for the same crimes under investigation by the International Criminal Court (ICC). Former dictator’s son was arrested on November 20, 2011 for crimes against humanity. Since then, he has been held by a Libyan militia in Zintan.
“This is the first time in the short history of the ICC that a State is requesting jurisdiction to conduct a national investigation against the same individual and for the same incidents under investigation by the ICC. The challenge goes to the heart of the system of justice established in 1998 by the Rome Statute: national States have the primary obligation to conduct proceedings and the International Criminal Court’s intervention will be complementary”, Moreno Ocampo stated.
All parties are expected to submit their comments about this request before June 4.
Moreno ocampo added that his office was also investigating gender crimes committed by pro-Gaddafi forces against both men and women.
As regards to crimes perpetrated by ex-rebels , Moreno Ocampo requested Libya to address “the transfer to the central authorities and the screening of thousands of detainees, the investigation of allegations of crimes by these detainees were warranted, to ensure justice for the victims, and the release of those against whom there is no basis for investigation. At the same time, all unofficial and unacknowledged detention centers should be dismantled and all possible steps should be taken to curb mistreatment or torture”.