16 May 2012

UN / ICC LIBYA WRAP

ICC prosecutor Luis Moreno-Ocampo told the Security Council Wednesday that the admissibility challenge presented by the Libyan authorities to prosecute Said Al Islam Qadhafi in their own courts "goes to the heart" of the spirit of the Rome Statute, adding that "national states have the primary obligation to conduct proceedings and the International Criminal Court intervention will be complementary." UNTV

Posted at: May 16, 2012 5:38 pm

Duration: 02:49

Available in: SD

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STORY: UN / ICC LIBYA WRAP 
TRT: 2.49
SOURCE: UNTV
RESTRICTIONS: NONE
LANGUAGE: ENGLISH / ARABIC /NATS

DATELINE: 16 MAY 2012, NEW YORK

SHOTLIST:

FILE – RECENT, UNITED NATIONS HEADQUARTERS, NEW YORK CITY

1. Wide shot, exterior, United Nations headquarters

16 MAY 2012, NEW YORK

2. Wide shot, Security Council
3. Med shot, delegates
4. SOUNDBITE (English) Luis Moreno-Ocampo, Prosecutor, International Criminal Court (ICC):
"This is the first time in the short history of the International Criminal Court that a state is requesting jurisdiction to conduct a national investigation against the same individual and for the same incidents under investigation by the International Criminal Court. 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 proceeding and the International Criminal Court intervention will be complementary."
5. Med shot, delegates
6. SOUNDBITE (English) Ibrahim O. A. Dabbashi, Deputy Permanent Representative of Libya to the United Nations:
"The ultimate goal for trials is to achieve justice in accordance with the internationally agreed principles and standards, irrespective of where the trials take place or the name of the judges."
7. Med shot, delegates
8. Wide shot, Security Council
9. Zoom in, Moreno-Ocampo at press conference dais
10. Med shot, journalists
11. SOUNDBITE (English) Luis Moreno-Ocampo, Prosecutor, International Criminal Court (ICC):
"The rules are very clear. The Rome Statute that established the Court is based on the idea of primacy of national jurisdiction, so that is no doubt. In principle national courts should do it. There are factual issues to define. Have to be same individuals, the same individuals, so that is clear is Saif. But the incidents should be the same and they have to provide more details on that, because they talk in general terms about a period of time, but we are trying to be sure they cover the incidents we presented."
12. Med shot, journalist
13. SOUNDBITE (English) Luis Moreno-Ocampo, Prosecutor, International Criminal Court (ICC):
"Mauritania has to decide what they will do. So they can give Sanousi to the ICC, to France or to Libya. So that would be first important decision. Additionally Sanousi is not prosecuted by the same Prosecutor General. Sanousi because he was member of the army is prosecuted by the military courts. So it's a different case, so even if the allegations are that Sanousi and Saif were working together, now the situation is different in order to proceed with the trials." 
14. Med shot, journalists
15. Zoom out, Moreno-Ocampo ends press conference

STORYLINE:

The International Criminal Court (ICC) is currently considering a request by the Libyan authorities to try the son of former leader Muammar al-Qadhafi in their national courts, Chief Prosecutor Luis Moreno-Ocampo told the Security Council today (16 May).

Earlier this month, the Libyan authorities submitted an admissibility challenge to the ICC in the case of Saif Al-Islam Qadhafi, who has been indicted by the Court, along with country's former intelligence chief, Abdullah Al Sanousi, for their roles in attacks against protesters and rebels during the pro-democracy uprising last year.

Moreno-Ocampo told the Council that "this is the first time in the short history of the International Criminal Court that a State is requesting jurisdiction to conduct a national investigation against the same individual and for the same incidents under investigation by the International Criminal Court."

He added that "the challenge goes to the heart of the system of justice established in 1998 by the Rome Statute" as "national States have the primary obligation to conduct proceedings and the International Criminal Court's intervention will be complementary."

Libyan Ambassador Ibrahim O. A. Dabbashi, also addressing the Council, said that "the ultimate goal for trials is to achieve justice in accordance with the internationally agreed principles and standards, irrespective of where the trials take place or the name of the judges."

The challenge is currently before the Pre-Trial Chamber at the Court, which is based in The Hague, and the Prosecution will present its observations on 4 June.

At a press conference after the Council meeting, Moreno-Ocampo reiterated that "the rules are very clear" and said that the Rome Statute that established the Court "is based on the idea of primacy of national jurisdiction."

He noted that "there are factual issues to define" and said that in order for the Court to accept the admissibility challenge, the individuals and the incidents being tried must be the same in both the national and the international cases.

Libyan authorities have said that Qadhafi has been kept in adequate conditions of detention, provided with sufficient and good quality food, given access to ICC lawyers and the option of retaining a domestic lawyer of his choosing. He has also been provided with proper medical and dental care, and not been subject to physical abuse.

The Prosecutor also reported that Al Sanousi was arrested in March by Mauritanian authorities and is the subject of extradition requests from France and Libya, as well a request for surrender from the ICC.

He stated that "Mauritania has to decide what they will do."

Additionally, he noted "Sanousi, because he was member of the army is prosecuted by the military courts" and "even if the allegations are that Sanousi and Saif were working together, now the situation is different in order to proceed with the trials."

The ICC is an independent, permanent court that investigates and prosecutes persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes if national authorities with jurisdiction are unwilling or unable to do so genuinely.