7 Nov 2012

UN / LIBYA

The Prosecutor of the International Criminal Court (ICC) Fatou Bensouda told the Security Council today that the Court will soon decide on Libya’s challenge regarding the prosecution of Muammar al-Qadhafi's son Saif Al-Islam Qadhafi, and his former intelligence chief Abdullah Al-Senussi. UNTV

Posted at: November 7, 2012 6:42 pm

Duration: 01:45

Available in: SD

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STORY: UN / LIBYA
TRT: 1.45
SOURCE: UNTV
RESTRICTIONS: NONE
LANGUAGE: ENGLISH / ARABIC / NATS

DATELINE: 7 NOVEMBER 2012, NEW YORK CITY / FILE

SHOTLIST:

FILE – RECENT, NEW YORK CITY

1. Wide shot, exterior United Nations headquarters

7 NOVEMBER 2012, NEW YORK CITY

2. Wide shot, Security Council
3. Med shot, delegates
4. SOUNDBITE (English) Fatou Bensouda, Prosecutor of the International Criminal Court (ICC):
"We await rulings of the Court on Libya's challenge, and should the challenge ultimately succeed, my office will monitor those proceedings and cooperate with Libya to the extent my mandate allows in order to ensure that they remain genuine. If, on the other hand, the Court rules that the case should be heard before the ICC , I will count on Libya's full support and cooperation to ensure that the International Criminal Court's proceedings are both successful and as seen to be successful by the Libyan public."
5. Med shot, delegates
6. SOUNDBITE (English) Fatou Bensouda, Prosecutor of the International Criminal Court (ICC):
"The Court requires evidence of sufficient degree of specificity and probative value to demonstrate that indeed Libya is investigating the case. And I believe that Libya is aware of these obligations and the burden of proof of course remains with the Government of Libya."
7. Med shot, delegates
8. SOUNDBITE (Arabic) Ibrahim O. A. Dabbashi, Deputy Permanent Representative of Libya to the United Nations:
"We would like to reaffirm the determination of the Libyan authorities to guarantee the protection of the rights of the accused and to respect the necessary legal procedures while ensuring that the trials are carried out in conformity with international law."
9. Wide shot, Security Council

STORYLINE:

Addressing the Security Council, the prosecutor of the International Criminal Court (ICC) today (7 November) called on Libya's authorities to ensure that justice is served in relation to any crimes committed during the overthrow of the regime of former leader Muammar al-Qadhafi.

In her remarks to the Council the ICC's prosecutor, Fatou Bensouda, provided an update on the case against Saif Al-Islam Qadhafi, son of the former leader, and Abdullah Al-Senussi, a former senior intelligence official, as well as her office's ongoing investigation in Libya.

The prosecutor noted that in 2011 the ICC's judges had issued arrest warrants for Saif Al-Islam Qadhafi and Abdullah Al-Sennussi, but the Libyan authorities have challenged the admissibility of the case against Qadhafi, and have indicated their intent to also challenge the admissibility of the case against Al-Senussi in the near future.

In October, judges of the ICC's Pre-Trial Chamber I convened a hearing to receive oral submissions on the Government of Libya's admissibility challenge.  At those hearings, the Libyan authorities asserted that they are investigating the same conduct as that investigated by Bensouda's office and now before the ICC.

She said "should the challenge ultimately succeed, my office will monitor those proceedings and cooperate with Libya to the extent my mandate allows in order to ensure that they remain genuine."

If, on the other hand, the Court rules that the case should be heard before the ICC, she said she will "count on Libya's full support and cooperation to ensure that the International Criminal Court's proceedings are both successful and as seen to be successful by the Libyan public."

The Prosecutor noted that the Court "requires evidence of sufficient degree of specificity and probative value to demonstrate that indeed Libya is investigating the case."

She said she believed the Government "is aware of these obligations and the burden of proof of course remains with the Government of Libya."

In her briefing, Bensouda encouraged the Libyan Government to redouble its commitment to working with the ICC, as well as its active engagement with the judicial process.

She called on the international community and, in particular, the Security Council to intensify their efforts to assist the Government of Libya in any way they can to combat impunity and reinforce a culture of the rule of law.

Libyan Ambassador Ibrahim O. A. Dabbashi told the Council his Government "would like to reaffirm the determination of the Libyan authorities to guarantee the protection of the rights of the accused and to respect the necessary legal procedures while ensuring that the trials are carried out in conformity with international law."

Libya has been undergoing a transition toward a modern democratic State after decades of autocratic rule and toppling of the regime of Muammar al-Qadhafi. Colonel Qadhafi ruled the North African country for more than 40 years until a pro-democracy uprising last year – similar to the protests in other countries in the Middle East and North Africa – led to civil war and the end of his regime.

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.

Libya is one of seven situations currently under investigation by the ICC, which is based in The Hague. The others are the Democratic Republic of the Congo, northern Uganda, the Darfur region of Sudan, the Central African Republic, Kenya, and Côte d'Ivoire.