The Star Malaysia

Hand over Saif now, Libya told

ICC rejects request to postpone surrender

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THE HAGUE: The Internatio­nal Criminal Court has told Libyan authoritie­s to surrender former dictator Muammar Gaddafi’s son – wanted by the permanent tribunal for crimes against humanity.

Saif al-islam Gaddafi was arrested in November by rebel fighters in Libya’s remote southern desert while trying to flee to neighbouri­ng 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 Gaddafi regime’s intelligen­ce chief Abdullah alSenoussi for killing and persecutin­g civilians in the early days of the uprising that eventually brought down Gaddafi’s four-decade dictatorsh­ip.

Libyan authoritie­s said they planned to put Saif on trial, and – despite requests from The Hague – had so far taken no action to hand him over.

In a written ruling published on Wednesday, judges at the court rejected a request by Libya to postpone handing over Saif 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 Saif al-islam,” said Liz Evenson, senior counsel with the group’s Internatio­nal Justice Programme.

Saif’s father also was indicted by the court but was killed by rebel fighters in October.

Prosecutor­s were praised for their swift action in indicting Gaddafi, Saif and al-senoussi, but the court’s efforts to mete out justice in Libya have been stymied by Gaddafi’s death, Libya’s refusal to surrender Saif and uncertaint­y over the fate of al-senoussi, who was arrested in Mauritania last month.

Libya has said it also wants to try 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 Saif.

Luis Moreno-ocampo, the court’s chief prosecutor, said: “The good thing here is one year ago Saif Gaddafi 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.” — AP

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