Colonel Gadaffi under arrest by International Criminal Court

[Kamil Fuker, Middle East and Africa Contributor]

BBC News:  The word is out that the International Criminal Court (‘ICC’) has  issued an arrest warrant for Colonel Gadaffi and two other members of his regime this week for crimes against humanity.

Although the Colonel’s regime has said that it will disregard the warrant as Libya is not a contracting member of the court and as such is outside its jurisdiction, it seems that the constitution of the ICC does empower it to issue arrest warrants in circumstances where the matter under conderation is referred to it by the UN’s Security Council. In March this year, the UN’s Security Council had approved military action to assist and protect the Libyan rebels.

It is not clear whether a bounty has been put on the warrants, or whether US Navy SEALS will be drafted in on an “engage and kill” mission in Libya, but analysts are commenting that these are options that are likely to be investigated by the court.

The ICC is a permanent tribunal based in Hague set up to prosecute genocide, crimes against humanity, war crimes, and the crime of aggression. The court has jurisdiction in all instances where the state in question is a contracting party, or the alleged crime took place on the territory of a contracting state, or where the circumstances of the crime is by referral to the court from the United Nations Security Council. 

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