On 31 May 2013, Pre-Trial Chamber I rejected Libya’s challenge to the admissibility of the case against Saif Al Islam Gaddafi, filed on 1 May 2012. In the submitted Admissibility Challenge, Libya stated that an investigation had been launched by them the day Gaddafi was captured and that the ongoing investigations did indeed cover the same incidents and conduct as those set out in the ICC arrest warrant. Libya further submitted that the investigations conducted by them were actually broader than the ICC investigations in terms of subject matter as well as time.
In its written decision, the Pre-Trial Chamber found that not enough evidence “with a sufficient degree of specificity and probative value to demonstrate that the Libyan and the ICC investigations cover the same conduct” had been provided to the Pre-Trial Chamber. It further held, that not sufficient evidence was provided to demonstrate that Libya was indeed in a position “to carry out an investigation” against Gaddafi.
Pre-Trial Chamber I therefore found the case against Gaddafi to be admissible before the ICC and reminded Libya of its existing obligation to surrender Gaddafi.
Saif Al Islam Gaddafi is “suspected of crimes against humanity of murder and persecution, allegedly committed in Libya from 15 February 2011 until at least 28 February 2011.”
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Decision issued by the Pre-Trial Chamber:
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