Monday, July 04, 2011

ICC: A maze of contradiction and selective justice.

ICC: A maze of contradiction and selective justice.

Being the legal statement in respect of the ICC position on Col. Qadhafi and Libya
by Themba Benedict Langa, Acting as counsel to and on behalf of Muammar Qadhafi, Saif Al Islam Qadhafi and Abdullah Al Senussi, and FABIO MARIA GALIANI, Legal Adviser, Member of the Defence Team.


1. The Libyan Arab Jamahiriya never signed or ratified the international treaty establishing the International Criminal Court, therefore such international treaty and the International Criminal Court do not apply to the Libyan Arab Jamahiriya. It is clear that the ICC has no jurisdiction on the Libyan Arab Jamahiriya and that the immunity of the Head of State, provided by the international customary law, applies to Colonel Qadhafi.

2. The UN SC Resolution 1970 (2011) referred the situation in the Libyan Arab Jamahiriya to the Prosecutor of the International Criminal Court. The referral is invalid because it violates the Jurisdiction of the International Criminal Court in that the UN SC prescribes to the ICC who to prosecute and who not to prosecute when the Resolution prohibited the ICC from prosecuting “nationals, current or former officials or personnel from a State outside the Libyan Arab Jamahiriya which is not party to the Rome Statute of the International Criminal Court shall be subject to the exclusive jurisdiction of that State for alleged acts or omissions arising out or related to operations in the Libyan Arab Jamahiriya established or authorized by the Council, unless such exclusive jurisdiction has been expressly waived by the State”. Therefore, the International Criminal Court’s jurisdiction, independence and impartiality have been compromised as it has been caused to discriminate against the State of Libya and its people. In so doing, the ICC has acted in a manner that is forbidden by its governing statute.

3. There is no doubt that in terms of the ICC Statute the UN SC has the power to refer a “situation” to the ICC, however, that does not entitle the UN SC to arrogate themselves powers that they fancy and to even undermine and violate the ICC Statute. In other words, by issuing the warrants of arrest the ICC has complacently misled the world about its penchant to take the law into its own hands as the ICC has no jurisdiction over Libya and the UN SC does not have the competency to grant the ICC ‘powers’ over Libya as the rule of customary international law states that the Rome Treaty cannot apply to States, such as Libya, that are not signatories thereto.

4. The ICC investigation was opened in a very short period of time compared to the other situations. In other situations, even much less complicated, the Prosecutor took much more time to decide if to open an investigation or not under at.53, ICC Statute:· Afghanistan, under valuation since 2007;

· Georgia, since 2008;
· Guinea, since 2009;
· Colombia, since 2006;

Regarding the investigations already opened by the ICC Prosecutor,

· Congo, took 2 months
· Central Africa, 4 months
· Uganda, 6 months
· Darfur, 3 months

Regarding the situation in Libya, the Prosecutor took 3 days to decide to open an investigation (in such time he had to consider all the information he had, the jurisdiction, the admissibility and the interests of justice). In just 5 days the ICC Prosecutor already indicated the names of the persons under investigation.

5. This is extraordinary given that the referral by the UN SC violates the ICC Statute. This goes to show that the ICC Prosecutor is absolutely not independent. The ICC did not show to be independent and impartial in this matter. For example, one of the judges of the Pre-Trial Chamber I, Mr. Cuno Tarfusser, recently made statements to the Italian media on the situation in Libya which indicated that the ICC is not impartial.

6. Now that the ICC has issued its illegitimate warrants, we expect NATO to stop their bombings and to also abandon its threat to kill Colonel Qadhafi and allow the ICC disputed process to take course. Failing which, it would mean that the ICC is not recognized and respected by NATO itself. Furthermore, NATO should immediately announce a ceasefire to guarantee the safety of the legitimate Libyan Leader, Colonel Qadhafi and other representatives and officials of the Libyan Arab Jamahiriya to exercise their right to defend themselves in a fair tribunal.

7. We have good reasons to believe that the case against our client is found on the desperation to have access to the rich oil resources and not any legal ground as NATO should account on the destruction of Libyan infrastructure, killing of innocent civilians, women and children as well as the deprivation of access to basic necessities, including baby food.

8. The merit of the facts alleged do not require long comments, they are the result of a campaign conducted through the media. A great deal of information that has been given to the media has already proven to be false. It is responsibility of the Libyan Arab Jamahiriya to use all legitimate means, as our clients used, to maintain and re-establish law and order in the Libyan Arab Jamahiriya and to defend the unity and the territorial integrity of the Libyan Arab Jamahiriya.



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Sunday, July 03, 2011

UNICC loses all legitimacy

UNICC loses all legitimacy

If an entire continent rejects an alleged international institution's actions as illegitimate and self-serving, does said institution still get to call itself "international?" Furthermore, does it still hold any sort of mandate to continue on as self-proclaimed international arbiter? Certainly not, and for the International Criminal Court, whose "arrest warrant" for Libyan leader Moammar Qaddafi was soundly rejected by the 53-member African Union, their last shred of self-proclaimed credibility has been rendered moot.

The arrest warrant itself is based on ICC's own "investigation." The ICC said, "in the course of its investigation, due to unprecedented cooperation from different States and organisations (none of which are currently working in Libya), the Office of the Prosecutor has been able to collect extensive documentation and evidence in a short period of time, through 30 missions to 11 States, and through interviews with a large number of persons, including key insiders and eyewitnesses. " Such a premise is so recklessly irresponsible, so baseless, and so morally bankrupt, it is easy to see why the African Union has such a difficult time accepting it.

A look over this "evidence" presented by the "Office of the Prosecutor" reveals a "cut & paste" bonanza of articles and reports taken from disingenuous organizations funded by the same corporations and foundations that contrived the ICC itself. The entire basis of the "Prosecutor's" case is built upon reports taken from BBC, Al Jazeera, the London Guardian, New York Times, the US State Department's Broadcasting Board of Governors-run Voice of America, the globalist-funded Human Rights Rights Watch, and the National Endowment for Democracy and Tides Foundation-funded International Federation for Human Rights (FIDH), among many, many others.

The International Criminal Court itself claims to be, "an independent, permanent court that investigates and prosecutes persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes." A visit to the Coalition for the International Criminal Court (CICC) site reveals just who is behind the ICC, who is actively promoting it and networking with the ICC's various NGO partners, and the fact that all involved boast the same financial and political supporters.

The CICC claims to include, "2,500 civil society organizations in 150 different countries working in partnership to strengthen international cooperation with the ICC; ensure that the Court is fair, effective and independent; make justice both visible and universal; and advance stronger national laws that deliver justice to victims of war crimes, crimes against humanity and genocide." The CICC however, also is "deeply appreciative of the generous support" provided by the European Union, the Ford Foundation, the Fortune 500-lined John D. and Catherine T. MacArthur Foundation, George Soros' Open Society Institute, and Humanity United.
Humanity United in turn boast partnerships with the globalist co-conspirators of BBC World Service Trust, NED/Open Society/US State Department-funded Benetech, George Soros' Open Society Institute, and the NED-funded Solidarity Center which mobilized Egypt's labor unions just as the US-stoked unrest began to falter. These "generous supporters" are literally the same organizations that have built up the very "civil society organizations" the CICC is "working in partnership" with, and the same disingenuous organizations supplying the fake, contrived ICC with "evidence" to issue its "arrest warrants" with.

African Union executive Jean Ping called the ICC discriminatory, going only after "crimes" committed in Africa while ignoring those committed by the West in places like Iraq, Afghanistan, and Pakistan. The AU has also condemned France for its blatant violation of the already illegitimate UNSC r.1973 by dropping weapons to Libya's Al-Qaeda-linked rebels.

Meanwhile, US National Endowment for Democracy-funded Project on Middle East Democracy reported that in reaction to Libya's threats to fight back against NATO aggression, U.S. State Department Spokesman Mark Toner said, "This is an individual who is obviously capable of carrying out these kinds of threats. It’s what makes him so dangerous. But we continue to carry out the NATO mission, while at the same time increasing pressure on him to step aside." Like France air-dropping weapons to admitted terrorists, the US attempting to remove Qaddafi is a direct violation of the NATO coalition's own contrived UN resolution. That the ICC isn't filing cases against NATO members for their multitude of crimes, and the fact that an entire continent has rejected the ICC's decision, settles the fact for all concerned that the contrived organization holds absolutely no legitimacy.

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African Union rejects ICC arrest warrant for Ghaddafi

African Union rejects ICC arrest warrant for Ghaddafi

The body representing African nations has called on its members to disregard the arrest warrant issued for Libyan leader Muammar Gaddafi, in a move that will seriously weaken the International Criminal Court's ability to bring him to justice.

The decision passed by the 53-member African Union late on Friday states that the warrant against Gaddafi "seriously complicates" efforts by the organisation to find a solution to the Libyan crisis.

AU executive Jean Ping also told reporters the ICC is "discriminatory" and only goes after crimes committed in Africa, while ignoring those he says were committed by Western powers in places like Iraq, Afghanistan and Pakistan.

"With this in mind, we recommend that the member states do not cooperate with the execution of this arrest warrant," said the motion, which was shown to The Associated Press and whose passage was confirmed on yesterday by Daniel Adugna, a spokesman in the AU commissioner's office.

If countries in Africa abide by the recommendation, it opens the possibility that Gaddafi could avoid prosecution by seeking refuge on the soil of his neighbours.

A total of 31 states in Africa are signatories to the International Criminal Court, representing nearly a third of the nations where the mandate applies. However, there has been increasing malaise in Africa over the ICC, which has been denounced by the continent's entrenched rulers as an instrument of neocolonialism.

Diplomats present during this week's AU summit in Malabo said that although they support the court, they agree with the AU's claim that the warrant complicates effort to end the crisis in Libya.

"If he knows he has nowhere to go, he will fight till the end. He would rather die than be tried," according to a Western diplomat who requested anonymity because he was not authorised to speak to the media.

Gaddafi's chief of staff applauded the AU's decision, holding a copy of it in his hand on Friday evening as the heads of state emerged for their declaration to the assembly following a day of closed-door deliberations on Libya.

They announced they were inviting the warring sides to talks which will begin soon in Addis Ababa and which aim to put in place a transitional government that will govern the country until new elections can be held.

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