Tag Archives: NTC

al-Senussi Arrest: Conflicting Extradition Requests, Concerns About Libya’s Justice System

 Abdullah al-Senussi, a former Libyan Colonel and Chief of Military Intelligence under the regime of Muammar Gaddafi, and wanted by the International Criminal Court (ICC), was arrested in Mauritania on 18 March by Mauritanian and French officials.

Abdullah al-Senussi was arrested by in Mauritania on 18 March 2012. He is wanted by the International Criminal Court (ICC) on two counts of crimes against humanity for his role in the Libyan government's crackdown against protesters last February. (Photo: Paul Hackett/Reuters)

The arrest has led to conflicting calls for al-Senussi’s extradition from the ICC, France, and Libya. The Court has called for Mauritania’s cooperation, based on UN Security Council Resolution 1970 (in which the situation in Libya was referred to the ICC), in surrendering al-Senussi to the Hague for investigation into his role in the commission of crimes against humanity in the country last year,.

press statement from the Office of the French President, Nicolas Sarkozy, indicated that the government was pressing for al-Senussi’s extradition to France to serve the life sentence that was handed down to him in abstentia for his role in the bombing of flight UTA 772, which claimed the lives of 170 people on 18 September 1989.

Meanwhile, Libya’s provisionally-ruling National Transitional Council (NTC) has urged Mauritania to extradite al-Senussi to face justice in Libya, and dispatched its Deputy Prime Minister, Mustafa Abu Shagour, and a delegation of senior officials on 20 March to press for a decision. Libyan officials have expressed that their Courts are ready to hold a trial for al-Senussi.

According to an Al Jazeera report on 21 March, Shagour acknowledged that he had reached an agreement with Mauritanian officials that would see al-Senussi transferred to Libya, despite continued pressure from Paris. Mauritania has not yet confirmed this decision.

These developments come as as civil society expresses the urgent need to transfer al-Senussi to the ICC, rather than to face justice in Libya. ICRtoP member organization Human Rights Watch, and others including Amnesty International, members of the Coalition for the International Criminal Court (CICC), and the International Federation for Human Rights (FIDH) called for such action without delay.

Regarding Mauritania’s responsibilities, the CICC reminded on 19 March that Security Council Resolution 1970 encouraged states to cooperate with the Court’s investigation into Libya, including the arrest and surrender of suspects:

“Although Mauritania is not a State party to the Rome Statute – ICC’s founding treaty – United Nations Security Council (UNSC) Resolution 1970 – which referred the situation in Libya to the ICC – while recognizing that “States not party to the Rome Statute had no obligation under the Statute”, urged “all States and concerned regional and other international organizations to cooperate fully with the Court and the Prosecutor.”

The CICC’s release goes on to state:

“While the Libyan authorities retain pri­mary jurisdiction over crimes committed in their territory, they are legally bound to facilitate the transfer of the suspects to the ICC, unless Pre-Trial Chamber I (PTC) decides that the case is no longer admissible before the Court because the Libyan authorities are investigating or prosecuting the same individuals for the same crimes at national level.”

But, as Amnesty International’s Senior Crisis Response Advisor, Donatella Rovera, stated in a press release on 19 March 2012, concerns remain over Libya’s ability to ensure a fair trial for al-Senussi:

“The news of al-Senussi’s arrest is an important moment for the victims of his alleged crimes in Libya. But Libya’s court system does not function and its justice system remains weak and unable to conduct effective investigations into alleged crimes against humanity, none of which are crimes under Libyan law. The ICC remains the best-placed mechanism for accountability in Libya.”

This has been echoed by Human Rights Watch and FIDH, who have also raised concerns over Libya’s troubled transition into the post-Gaddafi era, which includes the fact that thousands remain in detention under the control of militias, with widespread allegations of torture and ill-treatment. Both organizations have thus impressed upon the need for al-Senussi to be sent to the ICC instead of being tried in Libya.

Protesters demonstrate against the ongoing militia violence and pervasive lawlessness in Tripoli, Libya. (UN Photo/Iason Foounten)

However, No Peace Without Justice (NPWJ), an Italian non-governmental organization that runs a transitional justice program in Libya, has called specifically for al-Senussi to be tried in Libya. In a 17 March press release, the organization stated:

We take this opportunity to recall the wishes of the victims, and of the people of Libya, that both Saif al-Islam Gaddafi and Mr Senussi be tried in Libya, to face justice in the same place in which they allegedly waged their brutal attacks. According to the principle of complementarity, the ICC has jurisdiction only if the Libyan authorities are unable or unwilling to investigate and prosecute the crimes of which they have been accused. Libya is certainly willing, as they have proved by requesting Mauritania to transfer Mr Senussi to face charges before the Libyan courts.”

NPWJ followed this call by encouraging the international community to provide assistance to Libya as it seeks to be able to try both Abdullah al-Senussi and Saif al-Islam Gaddafi, who, also wanted by the ICC, was arrested by militias from Zintan on 19 November 2011, and remains in custody in Libya. If, however, Libyan authorities were found unable to try al-Senussi, NPWJ said it would join other civil society organizations in calling for Mauritania to transfer the former Gaddafi-era official to the ICC.

The debate over where to extradite al-Senussi has thus reinforced the necessity of a holistic approach to international assistance in Libya’s post-conflict transition.

As Libya’s new authorities push for al-Senussi to be tried in their courts, concerns over the state of the judiciary and reported conditions in detention centers are a striking reminder of the potential risks of al-Senussi’s extradition to the country. Overall, the present situation raises serious questions about the ability of the post-Gaddafi system to deliver a fair trial that bestows justice to the victims of government-perpetrated crimes during the revolt.

At the May-June 2010 Kampala Review Conference of the ICC, the Court’s Assembly of States Parties (ASP) adopted a resolution which premised that states willing but unable to fulfill their Statute responsibilities in investigating and prosecuting individuals accused of Rome Statute crimes should be provided with the necessary tools needed to do so. If Mauritania does proceed with al-Senussi’s extradition to Libya, international assistance by the Court, members of the ASP, and civil society will be crucial to ensuring that the trial meets international standards.

The state of the judicial system and its capacity to hold fair, domestic trials reflect the broader challenge confronted by the new Libya as it struggles to consolidate security, build the rule of law, and promote respect for human rights – all integral in upholding its primary responsibility to protect its populations. Consistent with the second pillar of the RtoP, the international community must be prepared to provide assistance and capacity-building to the new Libyan authorities as the transition continues.

Click here for our post on the relationship between RtoP and the ICC.

Click here for our look at the anniversary of the Libyan protests and the challenges faced by the NTC in the post-Gaddafi transition.

Click here for our feature on the Responsibility to Protect in the aftermath of Libya, with voices from our civil society member organizations.

Advertisements

Leave a comment

Filed under CivSoc, Human Rights, International Criminal Court, Libya, National Transitional Council, Post-Conflict, RtoP, Security Council, UN

FEATURE: Civil Society Reflects on Challenges for RtoP Post-Libya

To better understand the challenges posed for RtoP in the aftermath of the UN-mandated, NATO-led operation in Libya, we asked a few ICRtoP Member organizations from throughout the world to reflect and provide insight on the following questions:

  • Was the UN-mandated, NATO-led operation in Libya a step forward or a setback for the norm? What implications – positive and/or negative – does the Libya operation carry for RtoP moving forward?
  • What are the responsibilities of the international community as Libya transitions into the post-Gaddafi era? Despite the ending of the NATO mandate in Libya, should the international community continue to play a role in civilian protection?
  • Through an RtoP lens, what lessons can be learned from Libya for future cases where international action – whether non-coercive or coercive – is necessary to protect civilians?

The enlightening responses we received drew on the individual expertise of these ICRtoP Members, and brought in unique regional perspectives as well. Members who contributed were:

Rachel Gerber, Program Officer at The Stanley Foundation

Gus Miclat, Executive Director of Initiatives for International Dialogues

Robert Schütte, President of Genocide Alert

Jillian Siskind, President of Canadian Lawyers for International Human Rights

Sarah Teitt, Outreach Director and China Programme Coordinator for the Asia-Pacific Centre for the Responsibility to Protect

Dr. Robert Zuber of Global Action to Prevent War and Armed Conflict

The full post, “Civil Society Reflects on RtoP Post-Libya“, includes our review of the international response to the situation and analysis on its implications for RtoP, as well as the reflections on the challenges for the norm post-Libya by the individuals above.

We have also published a piece to mark the one-year anniversary of the first protests in Libya, which discusses the difficulties of the transition into the post-Gaddafi era.

Leave a comment

Filed under African Union, Arab League, CivSoc, Gulf Cooperation Council, Human Rights, International Criminal Court, Libya, National Transitional Council, Post-Conflict, Regional Orgs, RtoP, Security Council, Syria, UN

Libya, One Year On: National Transitional Council Struggles with Revolutionary Change

The one-year anniversary of the first protests in Libya was marked on 17 February 2012. Spurred on by the arrest of a human rights campaigner and emboldened by protests sweeping the Arab world, citizens in the eastern Libyan town of Benghazi hit the streets in a “Day of Rage” exactly one year ago in protest of the now-deceased Colonel Muammar Gaddafi’s 41-year rule.

Like Tunisia and Egypt before it, protests spread like wildfire across Libya, with Benghazi becoming the de facto stronghold of the opposition to the Gaddafi regime. As they spread, the crackdown by the Gaddafi regime became more ruthless.

The Libyan leader broadcasted his clear intent to commit further widespread human rights violations in a 22 February 2011 speech, calling on his supporters to attack the protesting “cockroaches”, and urging them to “cleanse Libya house by house” until they surrendered.

The international community responded in an unprecedented manner with a range of measures within the framework of the Responsibility to Protect, imposing sweeping diplomatic and other non-coercive measures at the national, regional, and international levels.

Civil society was quick to label Libya an RtoP situation, with a number of organizations calling for decisive action to prevent atrocities against civilians.

Individual states enacted sanctions, asset freezes, and travel bans. Regional organizations such as the League of Arab States (LAS), the Organization of Islamic Cooperation, and the African Union appealed for restraint, with the European Union enacting sweeping sanctions.

The UN Security Council (UNSC) imposed an arms embargo, travel ban, and assets freeze, while also referring the situation to the International Criminal Court through the unanimous adoption of UNSC Resolution 1970. The UN General Assembly suspended Libya from the Human Rights Council, after the Geneva-based body requested such an action be taken.

As the situation deteriorated further, the LAS and the Gulf Cooperation Council called for more robust measures to be adopted. The regime remained unfazed, intent on committing further atrocities.

With sweeping non-coercive measures failing to bring an end to the crackdown, on 17 March 2011, exactly one month after the first protest erupted, the UNSC passed Resolution 1973, which authorized “all necessary measures” to protect Libyan civilians. A Coalition of international states, led by the North Atlantic Treaty Organization (NATO), moved to quickly enforce the mandate on 19 March 2011.

The decision was another benchmark for RtoP, as it was the first time the Council had mandated the use of force to protect civilians from one or more of the four crimes under the norm’s framework.

Seven months later, after a protracted civil war with devastating consequences for civilians and combatants, Gaddafi was captured and killed on 20 October 2011 by rebel forces, with assistance from NATO airpower. The dictator’s shocking demise spurred the UN’s Office of the High Commissioner for Human Rights, the ICC’s Chief Prosecutor, Human Rights Watch, and Amnesty International to raise suspicions that a war crime was committed.

It was a violent end to the old Libya, and a turbulent beginning to the new era.

Insecurity, Lawlessness Prevail

As Libyans celebrated an end to the Gaddafi era, Mahmoud Jibril, the former leader of Libya’s now-provisionally-ruling National Transitional Council (NTC), hailed Gaddafi’s death as an end to “all the evils” in his country.

One year on however, evil has not vanished from Libya. Instead, insecurity and lawlessness prevail, and a number of high-profile civil society organizations have documented allegations of widespread human rights violations by Libya’s revolutionaries.

According to a 16 February report by Amnesty International (AI), hundreds of armed and “out of control” militias threaten Libya’s transition in the post-Gaddafi era, which the provisional NTC has been unable to rein in.

Running street battles often break out between the militias, terrifying and threatening civilians. Revenge attacks and discrimination against known or suspected Gaddafi supporters, as documented by ICRtoP member Human Rights Watch (HRW) in a 22 January report, are commonplace. Clashes between rival militias have erupted in the southeast, and despite NTC forces intervening, have continued. The violence is fueled by easy access to weapons stockpiles, some of which have slipped across Libya’s borders into neighbouring countries.

Impunity also reigns. These “out of control” militias, along with some NTC-affiliated military and security entities, have allegedly engaged in ill-treatment, torture, and killings of detainees. Lacking an effective judicial system, these alleged crimes have largely gone unpunished in the new Libya.

Detention in these conditions persists for thousands, mostly in centres that are controlled by militias independent of the ruling NTC. A 16 February report by the International Committee of the Red Cross (ICRC) indicated that 8,500 detainees remain in custody in over 60 separate places of detention, most of which are under the control of different authorities.

Detention centres in Misrata were appalling enough to cause Médecins Sans Frontières (MSF) to suspend their work in the prisons on 26 January. In a press release, MSF stated that officials from Misrata-based militias that ran the detention centres frequently subjected detainees to torture and denied them medical care. Furthermore, members of MSF staff were repeatedly brought detainees in the middle of an interrogation to be given medical care so that they could be questioned further.

At a UNSC briefing on 25 January, UN High Commissioner for Human Rights Navi Pillay stated that the lack of central oversight “creates an environment conducive to torture and ill-treatment”, and urged the detention centres to be brought under the control of the Ministry of Justice. However, while the NTC has reportedly assumed custody of more detainees, the reports of AI, HRW, and MSF highlight the continued risk of torture and other human rights violations in post-Gaddafi Libya.

Despite this, there are glimmers of progress. The citizens of Misrata held Libya’s first real exercise in democracy in 42 years by going to the polls on 20 February to elect a new City Council. The NTC has also vowed for elections in June, along with drafting a new constitution, although no date has been set. These gains are threatened by the fact that Libya’s revolution cities, like Misrata, are outpacing the NTC with reforms and forming nearly autonomous city-states.

Reports emerging from Libya in the first months of 2012 are certainly troubling. The struggle to establish security in the new Libya after an eight-month civil war has been compounded by an equally difficult struggle to ensure that human rights are protected, the rule of law is built and respected, and reconciliation is pursued.

Moving forward, the country’s authorities, along with partners at the international, regional, and national levels, must work together to ensure both peace and justice as Libya rebuilds. Such a challenge may prove as a great a test for RtoP as its implementation in response to the crackdown nearly one year ago; however only then will the responsibility to protect truly be upheld in the post-Gaddafi era.

2 Comments

Filed under African Union, Arab League, Human Rights, International Criminal Court, Libya, National Transitional Council, Post-Conflict, Prevention, Regional Orgs, RtoP, UN