Libyan leader Muammar Gaddafi waves in Tripoli before making a speech which he sought to defuse tensions afte days of anti-government protests in Libya, March 2, 2011.AHMED JADALLAH
In a decision of unprecedented speed, the prosecutor of the International Criminal Court has approved a formal investigation into Libyan strongman Moammar Gadhafi and his inner circle for suspected crimes against humanity.
It took only five days for the prosecutor, Luis Moreno-Ocampo, to confirm that there was sufficient evidence to warrant an investigation. And for the first time in the court's history, the probe is being actively supported by the United States and other long-standing critics of the court, including China and Russia.
The investigation is seen as a way to pressure Colonel Gadhafi's loyalists to defect from their leader, weakening his war against the rebels, who have seized half the country. But it also strengthens the cause of international justice, giving new legitimacy to the court and showing that nobody should assume they have impunity.
The investigation is a warning to Gadhafi regime members that they will be subject to the court if they bomb or kill civilians, Mr. Moreno-Ocampo said. "If forces under their command commit crimes, they could be criminally responsible," he told reporters.
There is a global consensus that Libya must not be permitted to attack civilians, he said. "We are witnessing a new situation, where the world is united. … There will be no impunity in Libya."
It is only the second time that the court has investigated a sitting head of state. But in the previous case, it took years of waiting and discussing before the United Nations decided to ask the international court to investigate Sudan President Omar al-Bashir for alleged genocide and other crimes against humanity in Darfur.
This time, the Libya case was referred to the prosecutor last Saturday in a unanimous vote by the UN Security Council. For the first time, the United States voted in favour of the resolution, rather than simply abstaining - although it insisted on adding an exemption to prevent Americans from being prosecuted by the court for Libya-related crimes.
"The unanimous resolution reflects a growing recognition that there will be accountability for those associated with widespread atrocities, and the important potential role of the ICC in delivering justice," said a statement by Human Rights Watch, the independent rights organization.
It could still take several months of investigation before the prosecutor decides whether to ask the court to issue arrest warrants for Col. Gadhafi and other top members of his regime. The prosecutor must report back to the Security Council within two months, and every six months after that.
Among those to be investigated, in addition to Col. Gadhafi himself, are the commander of the elite 32nd battalion - believed to be his son Khamis - along with another son, Muatassim, who is the national security adviser.
Others to be investigated are the head of Col. Gadhafi's personal security, the director-general of the external security organization, the regime's chief spokesman, the head of the security forces, and the Minister of Foreign Affairs. In total, as many as 15 regime leaders could be investigated, although not all have been identified publicly so far.
In the short time since the Security Council referred the case to him, Mr. Moreno-Ocampo said his investigators have found "an incredible amount" of information on Libya's power structures and possible suspects who were responsible for crimes against humanity. The rebels, too, could be investigated if they commit atrocities, he said.
The investigation will focus on attacks by Col. Gadhafi's security forces that killed peaceful demonstrators. One of the most serious alleged atrocities, according to the prosecutor's research so far, is the reported killing of 257 people in the Libyan city of Benghazi from Feb.15 to 20.
The ICC was established in 2002. Because it lacks its own police force, it must depend on governments to enforce its arrest warrants. As a result, some of its warrants have been outstanding for more than five years. Of the 14 individuals sought under its arrest warrants so far, only five have been apprehended.
Geoffrey York