[Kamil Fuker, Middle East and Africa Contributor]
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.
- ICC prosecutor seeks arrest of Libya’s Gadhafi (marketwatch.com)
- ICC prosecutor seeks arrest warrant for Libyan leader (rt.com)
- ICC Requests Arrest Warrants ‘For Gaddafi’ (news.sky.com)
- International arrest warrant sought for Qaddafi (cbsnews.com)
- ICC to issue war crimes arrest warrant today for Gaddafi (americablog.com)
- CGA’s Trahan on the Crime of Aggression (nyuglobalcitizen.wordpress.com)
- Libya’s UN mission asks world to defend Libyans from Gadaffi (boingboing.net)
- Muammar Gaddafi’s exit hindered by UN resolution, law experts warn (guardian.co.uk)
- That’s a first. The ICC is after Muammar Gaddafi – a man who isn’t black (thetruthiswhere.wordpress.com)
- Libya and Chad (aleksandreia.wordpress.com)
- Libya case a new challenge for International Court – The Associated Press (news.google.com)
- International justice in Africa: The International Criminal Court bares its teeth (economist.com)
- ICC: Prosecutor to Open an Investigation in Libya (yubanet.com)
- International criminal court to name Libyan war crimes suspects (guardian.co.uk)
- Gaddafi and the Gobalisation of Government (adamcollyer.wordpress.com)
- UN envoy for Libya to attempt cease-fire negotiation (cnn.com)
- Prosecutor seeks Gaddafi arrest over protest deaths (independent.co.uk)
- ICC Requests Warrants For Qaddafis (lezgetreal.com)
- Gaddafi arrest warrant wanted (thesun.co.uk)
- International Criminal Court Moves To Arrest Gaddafi For Decades of Abuse (jonathanturley.org)