ICC: Can Saif trial in Libya

The Hague, KOMPAS.com - The trial of the son of Moammar Khadafy, Saif al-Islam, can be done in Libya with the supervision of the International Criminal Court (ICC), the main prosecutor said the court said on Friday (11/25/2011).

"Prosecutors suggested as a third possibility that the ICC may, if approved by the judge, held a hearing Saif al-Islam in Libya," said Luis Moreno-Ocampo in a document in court based in The Hague.

He also proposed two other options, namely Libya asked the ICC to decide whether a Libyan court or tribunal can hear Saif Saif Libyan trial for other crimes, in which he hunted in Libya and the ICC separately on trial on charges of crimes against humanity.

The mandate of the ICC said, the court can only prosecute the suspects who are accused of genocide, crimes against humanity and war crimes, if the national courts of a state is unwilling or unable to investigate and prosecute them.

Moreno-Ocampo's report to the ICC judges came after a visit to Tropoli this week to meet with Libyan officials to discuss jurisdiction over the case.

Khadafy, Saif (39), and the intelligence chief Khadafy once-in-law, Abdullah al-Senussi (62), a major fugitive after Khadafy ousted regime.

They hunted the ICC on charges of crimes against humanity, committed after the outbreak of the rebellion against the government Khadafy in mid-February. The ICC issued arrest warrants against the three men on June 27.

Saif, Khadafy's most famous son, was arrested on Saturday (11.19.2011) by guerrillas from the city of hills Berbel Nafusa Zintan in the mountains, about 170 kilometers southwest of Tripoli.

NTC and military officials said Abdullah al-Senussi was arrested in the Al-Guira in southern Libya on Sunday (11.20.2011), a day after the arrest of Saif. Saif al-Islam were hunted by the ICC in connection with crimes against humanity which may be done during the crackdown on protesters Libya.

In late October, the ICC conduct "informal contacts" with Saif through intermediaries.
"Through intermediaries, we conducted an informal contact with Saif," said ICC prosecutor Luis Moreno-Ocampo said in a statement issued at the court's headquarters in The Hague, Friday (10/28/2011).

"Office of the prosecutor asserted that if he surrendered to the ICC, it has the right to be heard testimony in court, he is innocent until proven guilty," said Moreno-Ocampo. "The judge will decide."

ICC announcement regarding informal contact with Saif was delivered amid mounting international disquiet regarding the condition was not clear about the death of an apparently Khadafy executed, after his hometown of Sirte NTC controlled forces on October 20, 2011.

A number of parties requested an investigation conducted to determine the truth surrounding the death of Khadafy.

Officials of the National Transitional Council (NTC) said, Moammar Khadafy were killed during the battle for control of his native city of Sirte. However, some major Western countries that support the control of Tripoli Libyan rebels say they are still looking for confirmation of the truth of the news.

Khadafy became a fugitive since the late master NTC Libyan capital, Tripoli, in August, and he managed to escape despite the NTC troops get some clues about its location.

He repeatedly throws promises to continue the war, when more and more countries recognize the NTC as a government in power in Libya.

Khadafy (68), a leader in the Arab world's longest and has been in power for four decades, insists he will stay in power despite opposition by many parties.

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