“No Peace Without Justice and the Nonviolent Radical Party, Transnational and Transparty welcome the decision by the UN Security Council to refer the situation in Libya to the International Criminal Court. The recent violent crackdown in Libya has included attacks against civilians that have killed and injured hundreds of people. Such acts, when committed as part of a widespread or systematic attack against the civilian population, constitute crimes under international law and may amount to crimes against humanity”.
“With this decision, the Security Council has upheld its responsibility to protect the people of Libya from the violence unleashed against them by their own government, by taking steps to ensure that those responsible will be brought to account. By referring the situation to the ICC, the Council has ensured that those responsible for the violence will be under increased scrutiny, which will undoubtedly make them think twice about continuing their involvement”.
“The investigation needs to begin as soon as possible in order to preserve information and to reinforce the message that there are direct, immediate consequences for their conduct. However the investigation must also take into account the many military commanders on the ground who have not taken part in any acts of violence. NPWJ and the TRP commend these commanders and encourage others to follow their example”.
Despite the wording of the referral by the UN Security Council, under the terms of the Rome ICC Statute, jurisdiction of the International Criminal Court applies to all Rome Statute crimes committed on the Territory of Libya since 15 February 2011, irrespective of the nationality of the alleged perpetrator. It also applies only to those who bear the greatest responsibility for these crimes, so the point may be moot. The most important point, therefore, is that by this Resolution the Security Council has taken a welcome step towards accountability for the violence and the deterrence of future crimes. But until the violence ends, the international community must continue to exert pressure on the Gadhaffi regime, using every available method and means”.
For further information, contact Alison Smith on asmith@npwj.org or +32-2-548-3912 or Nicola Giovannini on ngiovannini@npwj.org or +32-2-548-3915.
