THE HAGUE — The International Criminal Court told Libyan authorities Wednesday to surrender former dictator Moammar Gadhafi’s son - wanted by the permanent tribunal for crimes against humanity.
Seif al-Islam Gadhafi was arrested in November by rebel fighters in Libya’s remote southern desert while trying to flee to neighboring Niger, and has been held largely without access to the outside world since then.
He was indicted in June, along with his father and the Gadhafi regime’s intelligence chief, Abdullah al-Senoussi, on charges of killing and persecuting civilians in the early days of the uprising that eventually brought down Gadhafi’s four-decade-long dictatorship.
Libyan authorities say they plan to put Seif al-Islam on trial, and - despite requests from The Hague - so far have taken no action to hand him over.
In a written ruling published Wednesday, judges at the court rejected a request by Libya to postpone handing over Gadhafi’s son and urged the country’s rulers to “proceed immediately with the surrender.”
Human Rights Watch urged Libya to act on the order.
“The court has issued its order. It is imperative that Libyan authorities start preparing to surrender Seif al-Islam,” said Liz Evenson, senior counsel with the group’s International Justice Program. “This is what cooperation with the court means.”
Moammar Gadhafi also was indicted by the court but was killed by rebel fighters in October.
Prosecutors were praised for their swift action last year in indicting Moammar Gadhafi, Seif al-Islam Gadhafi and Mr. al-Senoussi, but the court’s efforts to mete out justice in Libya have been stymied by the elder Gadhafi’s death, Libya’s refusal to surrender the son, and uncertainty over the fate of Mr. al-Senoussi, who was arrested in Mauritania last month.
Libya has said it also wants to try Mr. al-Senoussi, and France wants to put him on trial for the 1989 bombing of a French airliner.
Libyan authorities have told the International Criminal Court they plan to challenge its jurisdiction in the case, but judges say until that challenge is filed the authorities in Tripoli remain under obligation to surrender Seif al-Islam.
Luis Moreno-Ocampo, the court’s chief prosecutor, told the Associated Press on Wednesday that “the good thing here is one year ago Seif Gadhafi was threatening people. … Now he’s arrested and the court is discussing his destiny.
“The fact that the court is ruling, and Libyans - I’m sure they will accept it or appeal or debate it, but they will engage the court to have the court make the final decision. So that is showing how the world changes in 10 years.”
Mr. Moreno-Ocampo said his office is still investigating reports of massive rapes in Libya during the uprising.
“We have some evidence connecting some individuals in power with the rapes, and we intend to consolidate this case … [and] keep investigating,” he said in an interview at his office near U.N. headquarters in New York. “When we are ready, we will go to the judges.”
As for Mr. al-Senoussi, Mr. Moreno-Ocampo noted that Mauritania is not a party to the International Criminal Court and said, “Now it’s in Mauritania’s hands. They have to decide.”
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