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27 June 2011

Gaddafi indicted for crimes against Humanity on the 100th day of NATO operations in Libya

The International Criminal Court has just issued an arrest warrant for the Libyan leader Muammar Gaddafi, his son and his military intelligence minister, naming crimes against humanity. ICC's decision corresponds to the 100th day of NATO operations in Libya. Thousands have so far died in the fighting and in the attacks, while around 650,000 have fled the country and 243,000 Libyans have been displaced internally, according to United Nations figures.

Although the accusation should now be proved at trial, the prosecutor said that the evidence submitted was sufficient to set up because there were "reasonable grounds to believe" that those three were guilty of murder and the persecution of civilians, or "crimes against humanity," and that they should be arrested.

Judge Monageng said, on behalf of a three-judge panel in The Hague today, that since February 15, when demonstrations first began, and continuing until at least February 28, , Libya's security and military forces killed or imprisoned hundreds of alleged dissidents in Tripoli, Misurata and Benghazi, alongside with a number of other cities. “Those forces followed a consistent modus operandi ... an attack against the civilian population," she said, adding that “Gaddafi had absolute and unquestioned control over the Libyan state apparatus of power," whilst Saif al-Islam - his second-oldest son and "unspoken successor" – acts as a "de factor prime minister" and controlled the state's finances and logistics. Moreover, Abdullah Senussi, "exercised his role as the national head of military intelligence, one of the most powerful and efficient organs of repression and had personally commanded regime forces and ordered them to attack civilians during the fighting in Benghazi (...) “Senussi and some of his men were reportedly allowed to escape after negotiating with troops who had defected to the protesters' side.," Monageng affirmed.

Gaddafi has refused until now insistent calls to give up power and it is supposed to still be inside the country.

It is the second time in nine years that the ICC issues an arrest warrant for a head of state in office. The first case was relative to the Sudanese president, Omar al-Bashir, in 2009, although he was not yet arrested.