Introduction
Salutations future justices! I am Kevin Cardenas and I will be your legal for the International Criminal Court (ICC). Just a couple things about me; I am a sophomore and I am in our schools jazz band. I play the tenor sax and trumpet. This is my second year in the MUN program and I intend to continue for the next two years.In our committee, we will be discussing and deciding whether our tried criminals are innocent or guilty.
For this committee, you will be writing Preliminary Opinions. Please make sure that your conclusion on this topic is not biased and is only based on your own research on the topic. Each preliminary opinion should include a background of the case, the defendant’s position, the plaintiff’s position, your preliminary ruling, and any other questions that you might possibly have for the witness. In addition, please make sure that your preliminary ruling takes into consideration international law and treaties that pertain to this case. If you have any questions, please feel more than free to email me at:
- Background of Topic
This case is currently in process, so your research may lead you into different directions. This is okay! Your paper and opinion should be based off of your research and the witnesses that are presented to you during committee. YOU have the power to determine how we proceed with this case.
Saif Al-Islam Gaddafi, Honorary chairman of the Gaddafi International Charity and Development Foundation and acting as the Libyan de facto Prime Minister, was captured on November 19, 2011. He was captured near the town of Obari, Libya and brought to the city of Zintan. The ICC received a letter of the Representatives of the Libyan government (National Transitional Council) confirming that Saif Al‐Islam Gaddafi was in Libyan custody on November 19, 2011. On November 23, 2011, the ICC stated that it remained seized of the case and requested the Libyan authorities to submit a challenge to the admissibility of the case before Pre-Trial Chamber I, pursuant to Articles 17 and 19 of the Rome Statute of the ICC, should Libya decide to conduct national prosecutions against Saif Al-Islam Gaddafi.
On November 25, 2011, Chief Prosecutor Luis Moreno-Ocampo informed the Chamber of his travel to Libya through the “Prosecution's Submissions on the Prosecutor's recent trip to Libya” (Prosecutor's submission). He stated that the Libyan authorities had the intention to prosecute Saif Al‐Islam in Libya for crimes committed after February 15, 2011 and unrelated allegations of corruption and embezzlement. Moreover, he supposedly discussed with them the possibility of postponing the surrender of Saif Al-Islam Gaddafi pursuant to Article 94 of the Statute.
On November 28, 2011, the Office of Public Counsel for the Defense ("OPCD") submitted a response to the Prosecutor's Submission. OPCD requested the Chamber to authorize them to present observations about the general interests of the Defense with regard to the admissibility of the case and the status of Saif Al-Islam Gaddafi in case he had not appointed a counsel. The Prosecutor opposed the OPCD's request in a filing submitted on December 1,
2011. Meanwhile, on November 30, 2011, the Registry filed "Observations of the Registrar pursuant to communication received on the 27 November 2011" ("Registry Observations"), informing the Court that it had received a phone call requesting that counsel be appointed for Saif Al-Islam. This submission, coupled with contradictory information, makes it impossible for the Chamber to determine whether Saif Al-Islam Gaddafi actually wishes to appoint any specific counsel or not. The Chamber decided on December 6, 2011, that despite the Prosecutor's opposition, the OPCD should be allowed to submit a response on behalf of the Defense to Libya's observations in accordance with Regulation 77(4) of the Regulations of the Court to clarify Libya's submission. To this end, the Chamber decided that the Libyan authorities should, on an urgent basis, provide the following information:
“(i) whether Saif Al-Islam Gaddafi was arrested on account of the Court's warrant of arrest; (ii) whether the information received by the Chamber as to Saif Al-Islam Gaddafi being held incommunicado is true; (iii) when and where could the Registrar, or one of her representatives, meet Saif Al-Islam Gaddafi in order to know his views on being assigned counsel from the Court for purposes of proceedings before the Court, (iv) how, when and where could an expert be mandated by the Court to examine Saif Al-Islam Gaddafi in order to assess his physical and mental state and (v) whether and when the Libyan authorities intend to surrender Saif Al-Islam Gaddafi to the Court.”
On 9 January 2012, Libya's request for an extension of the time limit to submit observations regarding the arrest of Saif Al-Islam Gaddafi was transmitted to the Court by the Registry. Libya claimed it was not able to meet the deadline because of the current unsecure situation in the country. The ICC granted an extension up to January 23, 2012.
Abdullah Al-Senussi, former colonel in the Libyan armed forces and head of the military intelligence was allegedly captured on November 20 2011, and is currently detained in a secret location. The NTC reported that he would be taken to Tripoli to be tried for charges of crimes against humanity. However, the ICC Chief Prosecutor doubts that Al-Senussi has indeed been captured. The Libyan minister for the defense, Osama Jweli also stated publicly, that
he doubted Abdullah Al-Senussi's capture. On December 4, 2011, Libyan official Abdullah Nakir announced his arrest and custody. To this day, this has not been confirmed by any other statement, report or news media.
- United Nations Involvement
Within the UN, the ICC has taken many precautionary steps towards stopping Muammar Mohammed Abu Minyar Gaddafi, Saif Al-Islam Gaddafi and Abdullah Al-Senussi. The ICC indicted Senussi last year, along with Gaddafi and his son Saif al-Islam, on two counts of crimes against humanity – murder and persecution – allegedly committed in the eastern city of Benghazi. The Libyan government says he is entitled to legal counsel but is adamant he must face justice in his native land, where he would face the death penalty. The attorney general's office said the decision was made in the light of the extradition to Libya of Gaddafi's former spy chief, Abdullah al-Senussi. Saif al-Islam, who became a prominent opponent of the uprising that toppled Gaddafi last year, is also wanted by the International Criminal Court (ICC). Libyan officials have refused to hand him over to The Hague. Officials said Mr Senussi, who was extradited from Mauritania on 5 September, could provide more evidence against Saif al-Islam which could be used in his trial. Proceedings against other former Gaddafi government officials have continued. The former foreign minister and former head of the parliament were both in court on Monday, facing charges of financial corruption. Saif al-Islam has been held in Zintan, 170km (130 miles) south-west of Tripoli, since his capture by militiamen last November. The militiamen have demanded Saif al-Islam be tried in Zintan. Mr Senussi, accused of crimes allegedly committed during Gaddafi's rule, is also wanted by the ICC, as well as France.
- Plaintiff
On June 27, 2011 the International Criminal Court’s Pre-Trial Chamber issued arrest warrants for Muammar Mohammed Abu Minyar Gaddafi (Muammar Gaddafi), Saif Al-Islam Gaddafi and Abdullah Al-Senussi for designing a state policy targeting civilians in contravention of the Rome Statute. However, Muammar Gaddafi was reported dead on October 20, 2011.
Upon reception of his death certificate, the Prosecution requested to withdraw the warrant of arrest against Muammar Gaddafi on November 15, 2011. Pre-Trial Chamber I decided to terminate the case against Muammar Gaddafi on November 22, 2011. Nevertheless, the cases against Saif Al-Islam Gaddafi and Abdullah Al-Senussi are upheld. Saif Al-Islam Gaddafi is allegedly criminally responsible as indirect co-perpetrator and Abdullah Al-Senussi is allegedly
criminally responsible as indirect perpetrator, for two counts of crimes against humanity: Murder, within the meaning of Article 7(1)(a) of the Statute and persecution, within the meaning of Article 7(1)(h) of the Statute.
- Guiding Questions
1. What international documents or resolutions pertain to this issue, and why?
2. Do any of these men have any medical issues that may explain their motives?
3. Why would Saif al-Islam Gaddafi be tried in Libya?
4. If not the death penalty, what punishments should be accorded to these men in case they are found guilty?
- Possible Witnesses
Government officials
Libyan citizens
Soldiers of the rebel army
Soldiers of the Libyan National Army
- Works Cited
http://www.icc-cpi.int/Menus/ICC/Situations+and+Cases/
http://www.icc-cpi.int/menus/icc/situations%20and%20cases/situations/icc0111/situation%20index?lan=en-GB