Amnesty International says Saif Al-Islam Al-Gaddafi must be judged by International Criminal Court

The Libyan authorities should immediately hand Saif al-Islam al-Gaddafi and former intelligence chief Abdallah al-Senussi to the International Criminal Court (ICC) said Amnesty International.

The organization met both detainees last week ahead of the referral of their case to the Indictment Chamber in Tripoli on 19 September. Al-Gaddafi and al-Senussi are wanted by the ICC for crimes against humanity but the Libyan authorities are insisting that they stand trial in Libya.

Their case has been referred to the Indictment Chamber along with those of 36 others accused of crimes related to the armed conflict.

“The referral of these cases to the Indictment Chamber brings us one step closer to the start of national trial proceedings for Saif al-Islam al-Gaddafi, in violation of Libya’s legal obligation to surrender him to the ICC,” said Hassiba Hadj Sahrahoui, Amnesty International’s Deputy Director for the Middle East and North Africa.

“It is understandable that the authorities may want to proceed promptly and try these individuals in Libya. But such trials today will not serve justice. Libya’s justice system is in desperate need of an overhaul. There are serious concerns about the authorities’ ability to ensure fair trials compounded by the precarious security situation in the country.

“Both men should be handed over to the ICC immediately. In the meantime, Libya should focus on improving the security situation and rebuilding the country’s justice system to establish fair and impartial Libyan courts which can ensure the rights of suspects, victims and witnesses.”

Amnesty International believes that handing al-Gaddafi and Abdallah al-Senussi over to the ICC will ensure accountability for crimes committed during the conflict. Fair trials are crucial during post-conflict situations to address impunity and secure justice for victims of human rights abuses and humanitarian law violations perpetrated during the conflict including indiscriminate shelling, summary executions, unlawful forcible displacement and torture and other ill-treatment.