IJCentral: International Justice Central

Libya’s new rulers, the National Transitional Council (NTC), and the International Criminal Court (ICC) are set on a double-headed collision course.

By Richard Walker in Hilversum

Sudanese President Omar al-Bashir, indicted by the ICC for genocide and war crimes in Darfur, is currently in Tripoli vociferously supporting Muammar Gaddafi’s NTC deposers. But Bashir has been so buoyed by his Libyan hosts’ hospitality that yesterday he told international media, “I am ready to move around Libya without security guards.”

Worrying sign

Since it is not an ICC signatory, Libya says it has no legal obligation to arrest Bashir, “but if international justice is going to prevail not only countries party to the Rome Statute (the ICC’s establishing treaty) might want to take a look at their commitments… Under the UN resolution last March (giving the ICC jurisdiction in Libya to arrest Muammar Gaddafi) there is some question as to whether that could be used to include Bashir’s visit,” says William Lawrence, head of the International Crisis Group’s North Africa desk.

Human Rights Watch has expressed concern that Bashir’s visit indicates a worrying approach to human rights in the new Libya. But for a fledgling state with security issues this criticism might be premature. Sudan is important to Libya politically and strategically on a scale that makes it hard for Tripoli to resist annoying the ICC for the sake of closer ties with Khartoum.

Moral obligation

Former Justice Minister and current head of Libya’s Human Rights Commission Mohammed Al-Alagi told RNW, “I personally agree that there is a moral obligation to arrest Bashir, but this is not the position of the Libyan government right now – they are racing against time to restore law and order and stability to the country so the considerations of the government are different… and the world should not forget that the Libyan revolution and people received considerable support from the government of Sudan in overthrowing Gaddafi,” he said.

Tuesday is Tripoli’s deadline to show the ICC it is capable of properly prosecuting Saif al-Islam Gaddafi, playboy son of the late dictator. Senior international lawyers have expressed doubt that the fledgling justice system can cope with the complexities of a war crimes trial. According to the ICC and NTC they have signed no written agreements for the former to aid or monitor the latter in its prosecution of Saif al-Islam Gaddafi. The relationship remains one of vague support which could now be soured by the Bashir visit.

No-win for Libya

“There is no question that some at the ICC will look askance at what Libya has done as an important defiance of the ICC, even though Libya is not a party to the Rome Statute,” says Lawrence.
“From the point of view of international law and human rights this was a risky move by the Libyan government and one that was a no-win situation because they would be criticised either way… But the security issues on the southern Libyan border are of such high concern that they are making the calculation that whatever the visit costs in a negative sense they will gain with better cooperation with Khartoum,” according to Lawrence.

NATO members, France and Britain in particular, invested politically in the NTC with decisive air strikes against Gaddafi forces last summer. Whether Tripoli’s closer ties with Khartoum come at the expense of deteriorated relations with those states and other powerful ICC members, remains to be seen.

Source: RNW