ICC Meets With Rebels Over Fate of Gaddafi Son

International Criminal Court chief prosecutor Luis Moreno Ocampo was in Tripoli today to discuss how local officials intend to proceed with the detention of Saif Gaddafi,who faces charges before the ICC.

 Gaddafi was captured by rebel fighter in Libya’s southern desert Saturday and is reportedly being held in an undisclosed location in the city of Zintan.

 The International Criminal Court indicted Muammar Gaddafi, his son Saif al Islam and spy chief Abdullah Al Senussi on charges of crimes against humanity in June, after the UN Security Council requested the court investigate the Gaddafi regime’s response to anti-government protests.

Transitional authorities have already indicated they want Saif and Al Senussi to be tried in-country, but rights groups have voiced serious concern over Libya’s ability to meet international legal standards.

“The issue of where the trials will be held has to be resolved through consultations with the Court. In the end, the ICC judges will decide, there are legal standards which will have to be adhered to,” Moreno said in a statement today.

Human Rights Watch says Libya needs to follow appropriate judicial procedure if it wants to try Saif Gaddafi domestically, but that in the meantime, transitional officials have a legal obligation to hand Saif Gaddafi over to the ICC. The group says it has documented several cases of detainee abuse by anti-Gaddafi fighters. 

 “The apparent killing in custody of Muammar Gaddafi and his son Muatassim Gaddafi on October 20 are particular cause for concern about Saif al-Islam’s treatment.” Human Rights Watch said on its website. “The Libyan authorities will have to show that they are genuinely able and willing to prosecute the case in fair and credible proceedings. Demonstrating an ability to fairly prosecute Saif al-IslamGaddafi would likely require swift and substantial reform of the judicial system” 

On Sunday, media reports suggested Abdullah Al Senussi had also been captured but his arrest has yet to be confirmed by Libyan officials.

Libyan Ambassador Wants Longer NATO Mission

While addressing an audience at the National Council on US-Arab Relations on Friday, Libyan  Ambassador Ali Aujali expressed disappointment with the North Atlantic Treaty Organization (NATO) for ending its mission next Monday.

“The National Security Council ended the mission of NATO yesterday,” Aujali said. ” I was not very happy.”

Aujali went on to explain that he expected them to extend the mission until stability was restored to Libya. 

While Libyan Ruler Muammar Gadhafi was killed on October 20, much is still needed to stabilize Libya. Such pressing needs include securing its borders and collecting all of the illegal weapons remaining on the streets.

“Libya has no army, no police,” Aujali remarked. “[There are only] security brigades formed under Gadhafi’s sons’ leadership whose purpose is not to protect the country, but to protect the regime, the family.”

“We need help from the international community,” Aujali concluded.

NATO's UN Mandate in Libya To Expire Monday

The United Nations Security Council today agreed to lift its mandate authorizing military action in Libya, ending the UN-backed NATO mission to the country on October 31 2011.

The decision comes after Libya’s rebel forces declared liberation late last week and are currently in the process of forming a transitional government. Yesterday, Libya’s representative at the UN Ibrahim Dabbashi said his country supported the October 31 end date, but asked Council members to wait until his government had finished evaluating Libya’s security situation before making a final decision.

The extent to which the international community and Western countries will help Libya deal with security concerns after more than eight months of civil strife remains unclear. British Ambassador Mark Lyall Grant confirmed that his government was in talks about providing security assistance to Libya’s National Transitional Council, but said the forms that assistance might take had yet to be determined.

The Security Council passed resolution 1973 in March after Col. Gaddafi promised large scale military action against towns and villages that had fallen in the hands of anti-government protesters. The resolution allowed for airstrikes to protect civilian populations under the threat of attack, but held provisions against the deployment of foreign troops on the ground.

But NATO’s implementation of the resolution has been criticized by Council members like Russia and South Africa, who say it exceeded its protection of civilian mandate by arming rebels and aiming to overthrow the Gaddafi regime.

Earlier this month, Russia used its veto to block a resolution condemning Syrian government violence against civilians, arguing that the Libyan resolution had raised important concerns about the implementation and interpretation of Council actions.

Russia’s UN Ambassador Vitaly Churkin today welcomed the decision to end NATO’s mandate, but said the Council had to learn from its mistakes in Libya if it wanted member states to work closely together in the future.

“We believe that numerous violations of resolution 1973 have taken place in the course of the past few months, we have repeatedly discussed that in the Security Council,” he told reporters outside the Council. “We’ve had a number of grievances we continue to have them in terms of the effectiveness and legality of the work of the Security Council.”

US Ambassador Susan Rice defended NATO’s interpretation of the UN mandate and dismissed any link between the Syrian and Libyan situations.

“The effort to use Libya as an excuse not to act in other contexts is not a fair one or an accurate one. It was very clear, as we discussed and negotiated resolution 1973 what the authorization of the use of force to protect civilians would entail.” she said “Undoubtedly as this unfolded and occurred over the course of some months, there were those that found increasingly uncomfortable what it was they had agreed to. But to suggest somehow they were mislead, is false.”

Libya Could Ask NATO To End Mission By Next Week

The new government of Libya might ask the UN Security Council to put an end to NATO’s enforcement of a no fly zone as early as next week, says Libyan ambassador to the United Nations Ibrahim Dabbashi.

Dabbashi told the UN Security Council today that while the National Transitional Council continues to evaluate Libya’s security situation, he expects the new government to make a formal announcement regarding NATO’s mission before the end of the month.

“The Libyan people is looking forward to termination of the no fly zone over Libya as well as terminating the mandate accorded by Security Council resolution 1973 to protect civilians as soon as possible. In accordance with the initial assessments, October 31 is a logical date to terminate this mandate.” he said.

One of the first Libyan diplomats to denounce the Gaddafi regime crackdown against protests earlier this year, Dabbashi was instrumental in getting the Security Council to back military action in Libya.
Today, the Libyan Ambassador thanked Council members for their “indispensable” support in enforcing the no fly zone and protecting civilians, but said that now that the NTC has declared “liberation”, prolonging NATO’s mission would undermine Libyan sovereignty.

“Our people by nature hate any interference in its sovereignty.” he told the Council. “Everyday that passes with the foreign sovereignty over our space is a derogation of our sovereignty. This is particularly so after the declaration of liberation made on the 23rd of this month.”

The NTC declaration of liberation is meant to mark the beginning of  Libya’s political transition and Dabbashi says he expects an interim government would be set up in the next two weeks.

The Libyan Ambassador also said there would be a transparent investigation of the circumstances surrounding Gaddafi’s death and any other possible human rights abuse allegations against rebel forces.

Last week, UN human rights officials said there should be an investigation into the Libyan strongman’s death after several video’s showed him being captured alive by rebel fighters.

Dabbashi said that initial reports confirmed Gaddafi had died from wounds sustained in a firefight between regime loyalists and rebels, and had not been shot after being detained by NTC forces.

UN:Tough Road Ahead After Historic Day for Libya

Muammar Gaddafi’s death is a historic moment for Libya, marking “the end of the beginning” of the country’s transition and a chance for all parties in the conflict to lay down their weapons says UN Secretary General Ban Ki Moon.

“Now is the time for all Libyans to come together. Libyans can only realize the promise of the future through national unity and reconciliation. Combatants on all sides must lay down their arms in peace.” Ban said before his opening address at a UN panel on global sustainability. 

Ian Martin, the Secretary General’s special representative for Libya told to reporters via video conference from Tripoli that the formation of an interim government and election preparations are expected to begin once the National Transitional Council formally declares liberation, which NTC officials have reportedly set for Friday.

The NTC has already indicated it wants the UN’s help to create a transitional justice system and national reconciliation initiatives.

 After decades of Gaddafi’s rule and month of civil war marked by forced disappearances and summary executions, the extent to which opposition groups will be able to work together remains unclear. 

“No one should underestimate in this moment of celebration in Libya how great are the challenges that lie ahead.” Martin said.“With the history that Libya is today coming out of, nobody should be surprised when this turns out to be a difficult challenge for its new leaders.”

Martin says considerations of amnesty will not be extended by the NTC or UN to former Gaddafi officials accused of war crimes or other grave offenses. Earlier this year, the International Criminal Court issued arrest warrants for Col. Gaddafi, his son Saif and spy chief Abdullah al-Senussi. Several media reports indicate al-Senussi and another Gaddafi son, Mutassim, were killed in the battle for Sirte. Martin was unable to confirm Saif’s whereabouts or if Mutassim and al-Senussi were alive. 

Martin says he has no information about the events surrounding Col. Gaddafi’s death but was expecting to be briefed by the National Transitional Council.