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.

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.