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The Chief Prosecutor of the International Criminal Court (ICC), Fatou Bensouda, has asked the UN Security Council to help the Libyan authorities to demand the arrest and surrender of Saif Al-Islam Gaddafi – Moamar Gaddafi's son and Haftar-led force commander Saiqa's force, Mahmoud Al -Werfalli, as well as former head of the Gaddafi Homeland Security Agency, Al-Tuhamy Khalid.
Bensouda told the Security Council that the end of the impunity of the fugitives was of paramount importance for the security situation in Libya.
"Getting fugitives back to the ICC is very difficult. No justice will be done to the victims until the criminals are returned to court, "she said.
"In June, Mr. Gaddafi claimed that because of the national proceedings against him in Libya, he could not be tried by the ICC: this argument is rejected by the Court and the case," said Ms. Bensouda , remains admissible, because the request of Mr. Kadhafi is currently in judgment, "she added.
Bensouda also said that Saif Gaddafi was only one of many individuals in Libya whose alleged criminal acts could fall under the jurisdiction of the ICC.
"On June 5 of this year, Mr. Gaddafi filed an appeal for admissibility, claiming that his case was inadmissible before the ICC. Significantly, in his challenge, Mr. Gaddafi indicates that on or about April 12, 2016, he was released from the custody of the Abu-Bakr al-Siddiq Battalion in Zintan, under a law of 39; amnesty. Gaddafi also argues that, following the proceedings against him in Libya, he can not be tried by the ICC, "said the statement of Bensouda.
She added that for the reasons stated in my written response to this challenge of admissibility, filed on 28 September 2018, she argued that Saif Gaddafi's case remained admissible before the Court.
"With regard to the case of Mr. Mahmoud Mustafa Busayf Al-Werfalli, commander of the Al-Saiqa Brigade operating in Benghazi and the surrounding area, this Council will recall that on 15 August 2017, a preliminary chamber of the Court arrested arrest warrant against him after finding reasonable grounds to believe that he is criminally responsible for seven incidents of execution that resulted in the killing of 33 people. ", the statement added.
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