Thursday, March 03, 2011

Prosecutors at the International Criminal Court said Wednesday they will open a formal investigation into possible crimes against humanity in Libya, a day after the U.N. General Assembly suspended Libya from its top human rights body.

Wednesday’s announcement is an unprecedentedly swift reaction to the violent crackdown on anti-government protests by Libyan leader Moammar Gadhafi and his supporters. Prosecutors often take months and sometimes years to decide whether to open an investigation into possible war crimes.

Prosecutor Luis Moreno-Ocampo is launching the investigation after a “preliminary examination of available information,” his office said in a statement. It did not elaborate on what information he has access to.
Moreno-Ocampo appealed Monday for video and photos of the violence in Libya to help his investigation and said his office was in touch with Libyan Army officers.
The U.N. Security Council Saturday ordered the court to look into possible crimes in Libya. Moreno-Ocampo only began a preliminary probe Monday.

At a news conference Thursday, Moreno-Ocampo would give “an overview of the alleged crimes committed in Libya since Feb. 15, 2011,” and identify “the entities and persons who could be prosecuted and put them on notice to avoid future crimes,” his office said.

Moreno-Ocampo has said that information available so far suggests Gadhafi loyalist are attacking civilians, possibly constituting crimes against humanity.
Wednesday’s statement said prosecutors were also talking with the U.N., the African Union, the Arab League and other countries.
Moreno-Ocampo will also seek information from other sources, including Interpol during his probe.

It is not clear how fast the court can finish its investigation. Moreno-Ocampo has said that he wanted it to be swift.
Once his probe is completed, the Argentine prosecutor has to send evidence and allegations to the court’s judges who will decide whether to issue arrest warrants.
The court, the world’s first permanent international criminal tribunal, has no police force and relies on national authorities to arrest suspects.

Calling on The Hague-based court to investigate in Libya, U.N. chief Ban Ki-moon cited over the weekend reports that perhaps 1,000 had died amid the popular uprising and the government’s violent crackdown on Gadhafi critics.
In another U.N. action, the General Assembly voted late Tuesday by consensus on the Human Rights Council’s recommendation to suspend Libya’s membership on the U.N’s top human-rights body for committing “gross and systematic violations of human rights.”

General Assembly President Joseph Deiss called for the vote and signaled its adoption by consensus by banging his wooden gavel.
The resolution sponsored by Arab and African states also expressed “deep concern” about the human-rights situation in Libya.

It is the first time any country has been suspended from the 47-member council since it was formed in 2006. Based in Geneva, the council is charged with strengthening the promotion and protection of human rights around the globe. The vote suspending Libya from the council does not permanently remove it from the body but prevents its participation until the General Assembly determines whether to restore the country to full status.

At a gathering of the U.N. Human Rights Council before last week’s vote there, Libyan diplomats to the U.N. in Geneva were given a standing ovation as they announced they were renouncing Gadhafi’s government. They, like Libyan diplomats to the U.N. in New York, have supported the U.N. moves against the government.

Libya’s Deputy U.N. Ambassador Ibrahim Dabbashi said Tuesday that Gadhafi was trying to replace him and Ambassador Mohammad Shalgham because they have both called for an end to his regime.
Although Dabbashi told the Associated Press that “certainly it will not be accepted by the United Nations,” U.N. diplomats say it could be complicated because, from a legal and protocol standpoint, the Gadhafi government is still accredited to the United Nations.

In Washington, U.S. State Department lawyers are reviewing a Libyan government document that purports to fire Ambassador Ali Aujali as its envoy to Washington and replace him with a Gadhafi loyalist. U.S. officials said Tuesday that until the review is complete, the Obama administration will recognize Aujali, who has sided with Gadhafi opponents.
Suspension of Libya from the rights council was cheered by the United States, which has imposed its own sanctions on the Gadhafi government.

Venezuelan Ambassador Jorge Valero expressed reservations about the vote, saying “a decision such as this one could only take place after a genuine investigation.” Venezuelan President Hugo Chavez has said he would not condemn “my friend” Gadhafi.
Peggy Hicks, global advocacy director for Human Rights Watch, said the vote raises the question of how Libya got on the council in the first place.

Libya was among seven countries accused of human-rights violations, including Angola and Malaysia, that won three-year council seats last year when running on uncontested regional slates.
Candidates for membership are proposed by regional groups, which often submit only enough candidates to fill their seats.

By failing to provide competitive options, such uncontested candidate nations are virtually assured approval – despite their human-rights records.
“It’s time for the General Assembly to take seriously the standards it set for membership on the Human Rights Council, and apply them to countries seeking to join the body in the future,” Hicks said. – AP