Showing posts with label LAW. Show all posts
Showing posts with label LAW. Show all posts

Jun 27, 2012

Libya : More humiliation and torture by the Misrata NATO-led Rebels


by Konstantyn Scheglikov
From February 2011 in Libya, armed gangs ( so called "rebels" of "freedom figthers" by global media) began to commit crimes against humanity, war crimes. 

And so called civilized people from West involved ( took part) in these crimes.

They didn't leave evidences, sure, but we have words of people who escaped from concetration camps in Libya. 
They told about people from NATO which taked part in tortures, especially in rapes of women and girls, cos for NATO rapes are weapon against native people.

Now watch the video, this video was made by killers, occupation regime of Libya made all "rebels"  who are "free of responsibility".
See also --> Rebels crimes
http://libyasos.blogspot.gr/p/opposition.html

Jun 24, 2012

Libya: Baghdadi Mahmoudi's Defence Committee Considers His Extradition 'Unlawful'

Update 03.07.2012.

"I am not guilty, not guilty, not guilty. I am ready to be tried by the Libyan people. I am sure of myself and of my innocence"
Dr. Mahmudi said that he feared that foreign intervention in Libya would pave the way for a new era of colonialism.
"My defence will be in front of the court," Mahmudi said.

Jun 15, 2012

Former SAG officer was Muammar Gaddafi’s bodyguard and gunrunner

Source: Malta Today

Ousted Libyan Leader  Muammar Gaddafi: “It was never true government troops were on a killing spree,” claims former bodyguard.
Karl Stagno-Navarra
A 38-year-old retired Maltese police officer who served within the Special Assignment Group, and moved on to work as a security contractor in Iraq and Afghanistan, was hired as the chief security officer to the Gaddafi family throughout the Libyan  [NATO-led] "revolution".

Jul 11, 2011

Libya - Eyewitness: We have so much documentation

[original: http://coto2.wordpress.com/2011/06/08/moriarty-nato-is-destroying-libya/]
COTO BREAKING NEWS: Eyewitness account describes the evidence that NATO’s invasion of Libya constitutes multiple war crimes. This is a military coup which the Libyans will resist for as long as they live.  For more info, see Lindauer’s recent piece, Going Rogue: NATO War Crimes in Libya.

By Joanna Moriarty
TRIPOLI:  We have so much documentation that it make your head spin. We spoke with 250 rebels who were released by the Tribal Leaders with the blessings of Ghadafi, the stories they tell of the atrocities that they did are horrifying we have them on tape. We also have many rebels that are documented admitting all the atrocities that they themselves committed. But, here is one truth that is irrefutable – the 2000 tribes of Libya are the actual government here, if anyone does not know this then they do not know Libya.
These tribal leaders released 150 rebel prisoners 3 weeks ago, 10 days later another 250 were released. There were about 20 foreigners that witnessed this magnificent show of forgiveness, we have this on tape. There is another release of 200 prisoners in these coming days.

Go to Benghazi and you will not find one single prisoner because they have all been killed. This is a hard fact. Anyone that says they interviewed prisoners in Misurata is a liar. The Misurata prisoners that were released said that they were paid 2500 dinar for every soldier they killed and another 1000 dinar for burning the bodies. This is why there are no prisoners, so who is believable 250 prisoners on tape or someone who will not even give his name and makes statements that are unbelievable and unverifiable.
Here in Tripoli, the people say, please tell them to come to Tripoli and speak to us but they will not come because they don’t want the truth. They would like to ask these liars to PROVE what they say, they say none of their lies can be proved.
Yesterday was Ghadafi’s birthday, they bombed the H*** out of this place yesterday, many many people crying and big damage, but they are not breaking the back of these people. They had parties and shot off fireworks for 3 hours, we were invited to a wedding because they wanted to show us how life continues here and they celebrate life every day.
NATO is not bombing the rebels in the East. NATO is working for the rebels. People don’t dare complain about the rebels. They are scared for their lives and their family lives. We have met many people who have escaped these place with their lives, but most don’t want their names out because they have family left there and if they show their face or publicly speak about the rebel atrocities then the members of their families that are left will be killed. We know this from first hand, one of our group had this exact problem and could not be filmed, his father called him and said the rebels saw him on TV and if he spoke out one more time against them they would kill his brother one by one and then begin with his other family members.
Today we went to the Roxis hotel. There was a large group of women and children holding signs up that said “tell the TRUTH”, “thank you Qatar for killing our people”, “thank you NATO for destroying our country”.

WE love the leader of our revolution, M. Ghadafi. I stopped and took photos and the women came up to me instantly, they thought I was a reporter as all the reporters stay in the Roxis Hotel. They were quite angry and said, TELL THE TRUTH, we want to see the TRUTH outside of Libya we are sick of the lies. One lady had a very small boy with her (maybe 3 years old) he was dressed in a military outfit, he was black, she said you see my son, even our children will fight against this terror, we will never accept NATO or the rebel RATs. [Note: the Libyan people call the rebels "rats."]
This is literally everywhere in Tripoli, tonight thousands were on First of September street in support of their revolutionary leader.
In all the time (5.5 years) we have come here we have never heard of oppression by Ghadafi, the people have great respect and love for him. They all wear green and wear photos of him around their necks, believe me the Western news is so far from the truth they are on another planet. 
 We have never seen anybody beaten, harassed, in prison, in fact we have been days and never even seen a policeman unlike our trips to Cairo where armed guards are on every corner, with tanks around Mosques on Fridays. Believe us, before this mess, it was safer in Tripoli than in Houston.
This is not the Libyan way, they don’t pass out Viagra, this is from the Western mind – I may explode before long, cannot suffer fools lightly and these people have mouths that are not connected to souls.
The final two verifiable truths about the atrocities committed by NATO and the Rebels and the US and UK are:
1. The leader of a tribe of 1 million Libyans living in Benghazi was brutally murdered in his home by the rebels after a kangaroo court which was broadcast in the news on TV here in Libya by Dr. Shakeer. The million people tribe wanted to retaliate against all the rebels, the other tribal leaders and Ghadafi told them please do not kill all these people as there has already been too much bloodshed in Libya. Does this sound like a tyrant?
2. Two days later another pro Ghadafi person was murdered, his head was cut off 
 and placed at the door step of the security office in Dharna (he was a tribal leader) the outrage by most of the population in Dharna was expressed in demonstrations of disgust against the rebels and at the end of the day, the green flag of the legitimate government of Libya was flying. The three major tribes in Dharna proclaimed that they had had enough of the death at the hands of these rats and the Council of Shame as they call the revolution council in Benghazi.
All of these facts are true and verifiable by video and by affidavit of those present, this liar cannot prove one thing that he is saying.
The word of some paid CIA mercenary is not worth ****.
Susan believe us when we say, we have huge amounts of documentation, we are collecting it every day. We must file war crime charges against Obama, Sarkozy, Cameron, and NATO.
Question the Libyans constantly ask is: “Who are these countries to dictate who our leader should or should not be, we will pick our own leader, we ask for a vote, let us vote and then you will see who should be our leader.” NATO will never dictate to us, if they impose their puppet leader upon us, we will have another revolution and throw him out, he will not last one week.
The biggest population is Libya as you know, is in the west, the more NATO rains down destruction upon them the more they back Ghadafi. These are a strong and resilient people, they have an ancient culture and they are an endangered species. Misinformation is the tool of the West not Libya. We have nothing to gain by helping these people (except our souls). One cannot stand by and witness this type of tyranny without doing everything possible to stop it.
God Bless them, I pray they will survive this siege that is upon them.
This is an email from Tripoli resident, Joanne Moriarty, sent to Susan Lindauer earlier today, June 8, 2011, which Susan provided to COTO Report and which we are leaving unedited.

Jul 10, 2011

WIKLEAKS LIBYA - S E C R E T SECTION 01 OF 04 TRIPOLI 000120

E.O. 12958: DECL:  2/15/2018
SUBJECT: EXTREMISM IN EASTERN LIBYA

TRIPOLI 00000120  001.2 OF 004


CLASSIFIED BY: Chris Stevens, CDA, Embassy Tripoli, Dept of State. REASON: 1.4 (b), (d)

1.(C) Summary: A U.S.-Libyan dual national who regularly visits family members in eastern Libya recently described for us social, political and economic factors that have contributed to and facilitated participation by a disproportionately large number of eastern Libya's native sons in "martyrdom acts" and other insurgency operations in Libya and Iraq. A reportedly deliberate GOL policy to keep the east poor as a means by which to limit the potential political threat to Qadhafi's regime has helped fuel the perception among many young eastern Libyan men that they have nothing to lose by participating in extremist violence at home and in Iraq. The prospect of financial compensation for their impoverished families motivates some, but local pride in eastern Libya's historical role as a locus of opposition to occupying forces of various stripes is also an important factor. The fact that eastern Libyan mosques are more numerous and remote, together with tight local social networks, has reportedly circumscribed the ability of GOL security organizations to monitor and control the activities of radical imams as effectively as elsewhere in Libya. Unlike the rest of the country, sermons in eastern Libyan mosques are laced with phraseology urging worshippers to support jihad in Iraq and elsewhere through direct participation or financial contributions. While senior regime figures, including Saif al-Islam al-Qadhafi, appear to have recognized that the east merits more attention and investment, the reported ability of radical imams to propagate messages urging support for and participation in jihad despite GOL security organizations' efforts suggests that claims by senior GOL officials that the east is under control may be overstated. End summary.

2.(S/NF) In a meeting February 5, U.S.-Libyan dual national XXXXXXXXXXXX(strictly protect) told P/E Chief that eastern Libya remains a locus of extremist activity over which GOL security services have comparatively limited control.

GOL KEEPS EAST POOR TO KEEP IT POLITICALLY DISENFRANCHISED ...

3.(S/NF) XXXXXXXXXXXX said eastern Libya suffers from a disproportionately high level of unemployment, particularly for young men between the ages of 18 and 34. "At least half" of the young men in that demographic are unemployed or only intermittently employed. The situation reflects in part the Qadhafi regime's belief that if it keeps the east poor enough, it will be unable to mount any serious political opposition to the regime. Explaining the rationale, he cited a Libyan proverb: "If you treat them like dogs, they will follow you like dogs".

... BUT RECENT VIOLENCE SUGGESTS GOL'S APPROACH FLAWED

4.(S/NF) XXXXXXXXXXXX said recent events in Benghazi and Derna suggest that the GOL's premise is flawed. Family members with whom he is in regular contact told him during his visit that there were violent clashes between local extremists and GOL elements late last year. In one incident, extremists opened fire in proximity to a Benghazi hospital in connection with their attempts to secure medical assistance for a sick or injured comrade. In another, there was an explosion or an exchange of gunfire (accounts differed) at a traffic circle in a Benghazi exurb in connection with an attempt by a police officer to stop a vehicle being used by extremists. (Note: Both incidents were reported late last year in other channels. This is the first mention we've heard of these events from other sources. End note.) XXXXXXXXXXXX also offered non-specific accounts of raids by extremists, whom they understood to be affiliated with the Libyan Islamic Fighting Group, on police and military installations to secure weapons.

"NOTHING TO LOSE"

5.(S/NF) Citing conversations with relatives, XXXXXXXXXXXX said the unemployed, disenfranchised young men of eastern Libya "have nothing to lose" and are therefore "willing to sacrifice themselves" for something greater than themselves by engaging in TRIPOLI 00000120 002.2 OF 004 extremism in the name of religion. "Their lives mean nothing and they know it, so they seek to give meaning to their existence through their deaths", he said. The lack of jobs and dim prospects for future employment, together with increased costs of living, mean that many young men lack the means to marry, leaving them without a key measure of social status and stability in what remains a traditional society. As in parts of neighboring Egypt, the average age at which men marry has increased in many parts of eastern Libya. Many now marry in their early to mid-30's, which would have been considered "middle age" in the not too distant past.

COMPENSATION FOR MARTYRS' FAMILIES AN INCENTIVE FOR SOME

6.(S/NF) XXXXXXXXXXXX flatly stated that some young men, particularly those from more impoverished clans, are motivated by the promise of long-term financial compensation for their families should they complete "martyrdom acts" in Iraq or elsewhere. Noting that incomes in the east are low, he offered that extremist networks are able to incentivize young men to kill themselves by offering comparatively small payments of 150-200 Libyan dinar/month (approximately 120-160 USD/month) to families of "martyrs". (Note: As a point of reference, most government salaries range from 250 to 330 Libyan dinar per month. End note.)

"PERVERSE PRIDE" AS GEOGRAPHICAL LOCUS OF RESISTANCE A DRAW FOR OTHERS

7.(S/NF) The fact that the east has been comparatively disenfranchised, together with its historical role as a locus of opposition to the Ottoman and Italian occupations, contribute to a "perverse sense of pride" among eastern Libyans in their role as a main supplier of young men for jihad efforts in Iraq and elsewhere, XXXXXXXXXXXX said. He recounted a large dinner in Derna hosted by a family friend that he attended in summer 2007. Conversation among the mostly middle-aged male group of guests focused on news that two young men from Derna had recently killed themselves in suicide operations in Iraq. Dinner guests offered a mix of "condolences and congratulations" to the two young men's relatives.

8.(S/NF) XXXXXXXXXXXX said he was struck by the level sentiment against Coalition forces in Iraq, and by the obvious pride the dinner guests took in the fact that two of their native sons had "struck a blow" against "occupying Crusader forces in Iraq". He emphasized that the dinner was one of the relatively few occasions in Libya in which he felt uncomfortable by dint of having U.S. citizenship. In XXXXXXXXXXXX view, eastern Libyans are not necessarily anti-American, but are strongly opposed to a U.S. military presence in Iraq or any other Muslim country. In the 1980's, the talk had been directed against the Soviet occupation of Afghanistan; now, it was focused on the U.S. presence in Iraq.

9.(S/NF) Noting that the leader of Libya's resistance against the Italian occupation in the early 20th century, national hero Omar Mukhtar, was from the eastern village of Janzour, XXXXXXXXXXXX cautioned that it would be a mistake to think that young men from Derna were motivated to undertake suicide operations in Iraq solely by unemployment and the chance to secure a stipend for their families The region had a long, proud history of opposing occupation forces of one stripe or another; its residents took pride in their willingness to "fight for justice and their faith" despite their relative poverty.

IRAQ SEEN AS A "LOCAL" ISSUE FOR YOUNG EASTERN LIBYANS

10.(S/NF) XXXXXXXXXXXX noted that for many young eastern men, jihad in Iraq was perceived to be a local issue. Among the factors fueling that perception, he pointed to the proselytizing influence of Libyan fighters who had fought in Afghanistan and now recruited young eastern Libyans for operations in Iraq, the influence of Arabic-language satellite television broadcasts, use of the Internet to exchange information and coordinate logistics, and the comparative ease of travel to/from Iraq. During his last visit to the east, relatives and friends cited media reports to the effect that Libyans, most of them from Derna and points east, comprised the second largest cohort of foreign fighters identified in documents seized during last September's Objective Massey operation on the Syria-Iraq border. XXXXXXXXXXXX noted that a majority of those in Derna who raised the issue appeared to take pride in the fact that their small city had contributed disproportionately to the jihad against coalition forces in Iraq. TRIPOLI 00000120 003.2 OF 004

"CODED" MOSQUE SERMONS MORE RADICAL IN EAST

11.(S/NF) XXXXXXXXXXXX partly attributed the fierce mindset in Benghazi and Derna to the message preached by imams in eastern Libyan mosques, which he said is markedly more radical than that heard in other parts of the country. XXXXXXXXXXXX makes a point of frequenting mosques whenever he visits Libya as a means to connect with neighbors and relatives and take the political pulse. Sermons in eastern mosques, particularly the Friday 'khutba', are laced with "coded phrases" urging worshippers to support jihad in Iraq and elsewhere through direct participation or financial contributions. The language is often ambiguous enough to be plausibly denied, he said, but for devout Muslims it is clear, incendiary and unambiguously supportive of jihad. Direct and indirect references to "martyrdom operations" were not uncommon. By contrast with mosques in Tripoli and elsewhere in the country, where references to jihad are extremely rare, in Benghazi and Derna they are fairly frequent subjects.

ARCHITECTURE, GEOGRAPHY COMPLICATE GOL CONTROL OF EASTERN MOSQUES

12.(S/NF) Part of the difficulty for GOL authorities in controlling eastern mosques is that the most zealous imams tend to preach in small suburban and rural mosques. He mentioned the almost festive atmosphere of one trip, when relatives gathered to travel to a remote rural mosque to hear a "controversial" imam's sermon. Unlike Tripoli, mosques in the east tend to be smaller and more numerous, making it harder to monitor all of them. Architecture and local heritage also play a role: many mosques in the east don't physically resemble traditional mosques elsewhere in the country, reflecting in part the pseudo-secret tradition of the Sanussi lodges that evolved in eastern Libya in the mid-19th century. The fact that many eastern mosques are less readily identifiable make it harder for GOL security organizations to identify them and easier to hold unobserved meetings and sermons, XXXXXXXXXXXX said. He claimed that it is "widely known" in the east that mosques in town centers are more closely monitored by GOL security organizations; however, it has been more difficult for security organizations to monitor smaller, more remote mosques in exurbs and towns around Benghazi and Derna.

AS DO TIGHT FAMILY, SOCIAL CIRCLES

13.(S/NF) Citing conversations with relatives, XXXXXXXXXXXX said it is "common knowledge" that GOL security organizations attempt to monitor mosque sermons and activities, particularly Friday 'khutba' sermons. (Note: In Tripoli and other parts of the country, an officially-sanctioned Friday 'khutba' theme and talking point-equivalents are distributed to mosques, often by facsimile. End note.) In addition to the proliferation of smaller, less visible mosques, the ability of security organizations to effectively monitor eastern Libyan mosques is circumscribed by the comparatively tight social and familial structure. Communities in the east tend to be smaller and more tightly knit; outsiders are easier to spot and families "watch out" for members who may have been turned by GOL security organizations to report on the activities of their relatives and neighbors.

14.(S/NF) XXXXXXXXXXXX related the story of a young man from Derna who was recently suspected of reporting to GOL security organizations on who attended his local mosque and what was said there. The alleged informant was ostracized by his fellow worshippers, townsmen and even family members. After losing his job, reportedly in part because of his "treachery", he fled to Egypt and has not been heard from since.

15.(S/NF) Comment: XXXXXXXXXXXX account affords a relatively rare insider's look at the social, political and economic factors in eastern Libya that have contributed to and facilitated participation by a disproportionately large number of its native sons in "martyrdom acts" and other insurgency operations in Iraq. Conventional wisdom holds that the east is poorer and more disenfranchised in part by deliberate design; however, senior GOL officials have recently made a point of spending more time and investing more effort there. Saif al-Islam al-Qadhafi, the regime's most public face of political and economic reform, chose to hold the first and second meetings of his annual Youth Forum in Benghazi in 2006 and 2007, and gave important addresses to large crowds there. In the run-up to both events, he spent considerable time in and around Benghazi, promoting economic and social development projects under the auspices of the ostensibly non-governmental Qadhafi Development Foundation, which he heads. Among them was a billion dollar-plus "green" project for development of an environmentally-friendly tourism/business zone TRIPOLI 00000120 004.2 OF 004 adjacent to the Graeco-Roman ruins at Cyrene, near Benghazi. Work on an extensive renovation of Benghazi's port, designed to help rejuvenate shipping volume and create local jobs, also continues. The most troubling and difficult aspect of XXXXXXXXXXXX's account is the pride that many eastern Libyans, particularly those in and around Derna, appear to take in the role their native sons have played in the insurgency in Iraq. The reported ability of radical imams to propagate messages urging support for and participation in jihad despite GOL security organizations' efforts suggests that claims by senior GOL officials that the east is under control may be overstated. End comment.
STEVENS

Jul 4, 2011

GREEN MOUNTAIN - ISRAEL's millitary base???

10.05.2011.
  Bulletin newspaper Gazeta.ru Russian yesterday and document received intelligence officer, a Ukrainian on the image of a document in Hebrew is Alatakkak and signed between Israel and the Transitional National Assembly in Benghazi necessitates Yalzam Israel with support for logistics and supply insurgents with weapons and pressure on the European and Arab states to not Atrav Council and training militants to prepare the Army Forces for a written promise to set up military base in the Green Mountain
نشرة صحيفه10.05.2011. Gazeta.ru الروسيه امس وثيقه حصل ضابط مخابرات اوكرانى على صوره من وثيقه باللغه العبريه تم الاتقاق والتوقيع عليها بين اسرائيل والمجلس الوطنى الانتقالى فى بنى غازى تقتضى يالزام اسرائيل بدعم لوجستى وتزويد المسلحين بالاسلحه والضغط على الدول الاوربيه والعربيه للا عتراف بالمجلس وتدريب المسلحين لاعداد جيش قوى مقابل وعد مكتوب بأقامة قاعده عسكريه فى الجبل الاخضر-----

 July 2011.
Western MEDIA -- > PARIS -[ 29.06.2011]  France sent weapons this month to Libyan civilians under siege by Moammar Gadhafi's forces, a military spokesman said Wednesday, making it the first NATO country to announce it has armed rebel fighters.
The deliveries of guns, rocket-propelled grenades and munitions took place in early June in the western Nafusa mountains. 
"So France also dropped equipment that allowed them to defend themselves — self-defence assets — which is to say weapons and munitions," Burkhard told The Associated Press by phone.

Commenting on the French weapons supplies, Fogh Rasmussen said "the delivery of weapons has not taken place in the NATO operation" and was aimed at "the protection of civilians and their ability to protect themselves."
05.07.2011.

NATO-rebels are fighting for pipelines of water and oil to Israel ?...
'The future regime will work with other democratic countries, inclusive Israel'. 
 Update 27. September 2011.
Russian newspaper Gazeta A document obtained yesterday an intelligence officer in the image of Ukrainian
Of a document in Hebrew is Alatakkak and signed between Israel and the Transitional National Assembly in Benghazi necessitates Aalzam Israel with the support of logistics and supply insurgents with weapons and pressure on the European and Arab states to not recognition of the Council and training militants to prepare Army forces against a written promise to establish a base military in the Green Mountain and the duration of this Agreement 30 years and renewable
The content of this document first.
But there are other documents and confidential document that contains a very serious Transitional Council undertakes to allocate the Libyan plot area of square kilometers for the burial of nuclear waste and throw it. Enter this in the context of Israel's policy of advocating the dumping of nuclear waste, the Arab countries, especially after the scandal that one of the areas defined by the Mauritanian transport of nuclear waste from Israel and the secret burial, but the issue was floated on the surface was exposed later.
It also undertakes the transition to provide support and assistance in the event go to Israel a war with an Arab country by supporting a military order to carry out any attack or a military strike (the meaning here of Egypt or Tunisia or Algeria or Sudan or any Arab country any uprising be declared its hostility against Israel, whether a massage from the inside Libya or from outside).
Yes, this topic is freedom and democracy sought by the rebels in Libya.
O you fools, O Arabs Rieetm buggers with your own eyes what happened long ago when Iraq claimed that Iraq possesses weapons of mass destruction abused almost on him and his people and his government and the execution of its president on charges baseless and void and the death of 2 million Iraqis innocent.
Uttered by Saddam's mercy be upon those round me.
Of course the role that the early peoples of North Africa.
This topic is intoned by the democracy that America and its allies, and NATO and the elders of the Gulf of hypocrisy and discord at the expense of millions of Arab peoples of North Africa.
Developments, this topic would make a very serious situation in the Mediterranean region, which would threaten security and stability of its peoples, whether European or North African later.


Update 11. March 2012.
History facts- This is a feasibility study written by Jews in 1908, about the possibility of making Green Mountains in Cyrenaica a Jewish country by resettlement. Proposal for this study came from Jewish comunity from London. 






Jun 29, 2011

ICC - Issued by THEMBA BENEDICT LANGA, Acting as counsel to and on behalf of Muammar Qadhafi, Saif Al Islam Qadhafi and Abdullah Al Senussi

.PDF document ORIGINAL
FABIO MARIA GALIANI, Legal Adviser, Member of the Defence Team
1. The Libyan Arab Jamahiriya never signed or ratified the international treaty establishing the International Criminal Court, therefore such international treaty and the International Criminal Court do not apply to the Libyan Arab Jamahiriya. It is clear that the ICC has no jurisdiction on the Libyan Arab Jamahiriya and that the immunity of the Head of State, provided by the international customary law, applies to Colonel Qadhafi.
The States Parties to the ICC (in green) and the signatories to the Rome Statute (in orange).
2. The UN SC Resolution 1970 (2011) referred the situation in the Libyan Arab Jamahiriya to the Prosecutor of the International Criminal Court. The referral is invalid because it violates the Jurisdiction of the International Criminal Court in that the UN SC prescribes to the ICC who to prosecute and who not to prosecute when the Resolution prohibited the ICC from prosecuting “nationals, current or former officials or personnel from a State outside the Libyan Arab Jamahiriya which is not party to the Rome Statute of the International Criminal Court shall be subject to the exclusive jurisdiction of that State for alleged acts or omissions arising out or related to operations in the Libyan Arab Jamahiriya established or authorized by the Council, unless such exclusive jurisdiction has been expressly waived by the State”. Therefore, the International Criminal Court’s jurisdiction, independence and impartiality have been compromised as it has been caused to discriminate against the State of Libya and its people. In so doing, the ICC has acted in a manner that is forbidden by its governing statute.
3. There is no doubt that in terms of the ICC Statute the UN SC has the power to refer a “situation” to the ICC, however, that does not entitle the UN SC to arrogate themselves powers that they fancy and to even undermine and violate the ICC Statute. In other words, by issuing the warrants of arrest the ICC has complacently misled the world about its penchant to take the law into its own hands as the ICC has no jurisdiction over Libya and the UN SC does not have the competency to grant the ICC ‘powers’ over Libya as the rule of customary international law states that the Rome Treaty cannot apply to States, such as Libya, that are not signatories thereto. Rome Statute of The International Criminal Court .PDF document (dowload)

4. The ICC investigation was opened in a very short period of time compared to the other situations. In other situations, even much less complicated, the Prosecutor took much more time to decide if to open an investigation or not under at.53, ICC Statute:
Afghanistan, under valuation since 2007;
Georgia, since 2008;
Guinea, since 2009;
Colombia, since 2006; 
 ICC investigation
Regarding the investigations already opened by the ICC Prosecutor,
Congo, took 2 months
Central Africa, 4 months
Uganda, 6 months

Darfur, 3 months

Regarding the situation in Libya, the Prosecutor took 3 days to decide to open an investigation (in such time he had to consider all the information he had, the jurisdiction, the admissibility and the interests of justice). In just 5 days the ICC Prosecutor already indicated the names of the persons under investigation.

5. This is extraordinary given that the referral by the UN SC violates the ICC Statute. This goes to show that the ICC Prosecutor is absolutely not independent. The ICC did not show to be independent and impartial in this matter. For example, one of the judges of the Pre-Trial Chamber I, Mr. Cuno Tarfusser, recently made statements to the Italian media on the situation in Libya which indicated that the ICC is not impartial.
6. Now that the ICC has issued its illegitimate warrants, we expect NATO to stop their bombings and to also abandon its threat to kill Colonel Qadhafi and allow the ICC disputed process to take course. Failing which, it would mean that the ICC is not recognized and respected by NATO itself. Furthermore, NATO should immediately announce a ceasefire to guarantee the safety of the legitimate Libyan Leader, Colonel Qadhafi and other representatives and officials of the Libyan Arab Jamahiriya to exercise their right to defend themselves in a fair tribunal.
7. We have good reasons to believe that the case against our client is found on the desperation to have access to the rich oil resources and not any legal ground as NATO should account on the destruction of Libyan infrastructure, killing of innocent civilians, women and children as well as the deprivation of access to basic necessities, including baby food.
8. The merit of the facts alleged do not require long comments, they are the result of a campaign conducted through the media. A great deal of information that has been given to the media has already proven to be false. It is responsibility of the Libyan Arab Jamahiriya to use all legitimate means, as our clients used, to maintain and re-establish law and order in the Libyan Arab Jamahiriya and to defend the unity and the territorial integrity of the Libyan Arab Jamahiriya. 

JOHANNESBURG AND ROME 27TH JUNE 2011
see also  The "political rape" and REDACTED - > http://libyasos.blogspot.com/p/icc.html
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