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. 

see also  The "political rape" and REDACTED - > http://libyasos.blogspot.com/p/icc.html

Russian preparing marine "Caravan of Peace" to Tripoli

   On June 28, RIA Novosti (Russian Informational news Agency) held press conference of representatives of Russian non-governmental organizations, preparing to send a large shipment of humanitarian aid to Libya. The civilian population of Libya became a victim of economic sanctions imposed on this country and NATO bombing.

    LL.D. Sergei Baburin -  Focusing on the work of the committee set up in May (pickets, rallies, delegation to Libya, coordination of actions with organizations in other countries,work with media), chairman of the committee noted that now the primary task is to provide humanitarian assistance to the people of Libya. Not to those who embezzled this name with help of their Western backers, but to real people of Libya, who suffer from the NATO bombing.
   Chairman of the Committee of Solidarity with the peoples of Libya and Syria, told reporters about a letter to Prime Minister Vladimir Putin from the union of Libyan doctors with a request for urgent humanitarian assistance. The letter was given to delegation of Committee in Tripoli and will be delivered to the addressee.
      Eugene Sandro, who had just returned from Libya, was speaking as eyewitness. He spoke about the huge lines for petrol, which are languishing women and children: "The eastern part of Libya's is supplied with gasoline continuously. In hospitals I have been shown empty shelves - lack of antibiotics, even bandages. Lines for bread. There is enough flour, but no gas to bake bread. There is not enough baby food. All these are effects of a naval blockade. All this - gasoline and medicines are exempt from the prohibition of the UN. We must provide humanitarian assistance to suffering people. But even a word of truth can help. "
     Professor Marat Musin: "Shortly after our meeting, NATO stuck new university buildings. Before this outraged students showed me other ruined classrooms. In the hospital I saw a 2nd-year student of University Faculty of Economics, whose leg was torn by American rocket. The guy jumped out of the house and came under fire, 18 rockets in 25 minutes...
    The humanitarian disaster triggered by NATO bombers: no drugs, no gasoline. But the strongest indignation is raising by lies in the media. Lies in conjunction with NATO bombs. We ourselves have been there in 2008 (Russian-Georgian conflict). June 12 all the major news agencies reported of fighting in Al-Zawiya. We sent there a film crew of REN-TV. The peaceful town, mothers with babies in their arms, children are riding bikes, yawning policemen. People can not believe that is possible to lie like that! In addition, the position of leader, as they say, until recently was: "we do not commit those crimes in which we are accused, we are right and should not make excuses ...."
    Publicist Nicholas Sologubovsky, author or articles and films about Libya, told about his visit to Tripoli, about children, victims of NATO aggression. "The eyes of a girl, holding a portrait of Qaddafi, standing near the Children's Center, bombed by NATO... She asked me, « Why bombs? ». What could I explain to her? When all the "world community", according to Western agencies, is on the side of the NATO alliance, which claims that "humane NATO pilots perform a humane mission for the united humane protection of the civilian population of Libya."
Information about the "Caravan of Peace":

The link to press conference at RIA "Novosti":  


Press Service of the Russian Committee of Solidarity with the peoples of Libya and Syria

NATO KILLED 16 CIVILIANS [28.06.2011.]

NATO air strike killed 16 civilians (one whole family killed) and more than 20 injured in public market in Tawergha east of Misurata , Libya June 28 2011 video -->http://www.youtube.com/watch?v=zWO5b9lTaP8

Libyan boy today said:  "my brother back today from Brega and the second still their and he told me that NATO bombed the food warehouse in Brega they want our people starving now"

Jun 28, 2011

Libya: The Great Debate

by Timothy Bancroft-Hinchey
   There can be no doubt at all that the situation in Libya provides one of those moments which provide a collective test to measure where Humankind stands, what its values are and how far it has progressed towards a state in which our societies are governed by the precepts of the rule of law, in which international law not only exists but is applied.
   I invite our readers to participate in an active discussion on the points raised in this article and to reflect on them before making knee-jerk reactions, because to be qualified to enter into a meaningful debate, you have to be informed. How many of those who call Muammar al-Qathafi a "dictator" have bothered to read his Green Book, see foot note (1); how many of those who say that his humanitarian record is deplorable have bothered to read the UN Report of the Working Group on the Universal Periodic Review - Libyan Arab Jamahiriya (2)?
    In this report, the systematic commitment to uphold human rights in Libya by the Libyan authorities is praised, a record for which Colonel Gaddafi was to receive a UN award in March.
   The sheer stupidity of the attack on Libya by a handful of (powerful) nations underlies the difference between a balanced and responsible Government and the clique of self-seeking lightweight and cheap wannabes which run Britain, France and the USA today. Due to their ill-judged impetuousness, high-handedness and arrogance, they have painted themselves and the Institution they represent - NATO - into a corner.
Let us examine the background to this conflict and let us collectively reflect on the best way out.

The background
Colonel Gaddafy saw this coming, a long time ago. To start with, Benghazi and Tripoli are two cities representing, formerly, two ancient countries: Tripolitania and Cyrenaica and Benghazi has long had a radical and Islamist streak running through members of its population. This is the city which provided the highest number of suicide bombers in Iraq to act against NATO troops, this is the city which produced Abdel-Hakim al-Hasidi, the al-Qaeda operational who recruited these terrorists for the Iraq and Afghan theatres of war.

   The "rebels" are obviously funded from abroad and have been prepared for a long time. The sudden appearance of hundreds of "new" Libyan flags representing the time before Colonel Gaddafi, before he transformed Libya from the poorest country in the world to the most prosperous in Africa, was a telling sign; the timing of the Tunisian and Egyptian Revolutions on the Western and Eastern frontiers provided a timely, crafted no-man's land for NATO to coordinate the operation.
    The Libyan Government tried to reason with the "rebels", contrary to what has been reported, and Colonel Gaddafi sent his son Saif al-Arab al-Qathafi to talk with them. He was promptly murdered by NATO along with three of the Colonel's grandchildren in yet another horrific NATO war crime. Who are the rebels? See this report (3). And this video (4).
   Now, here is one of the main events which sparked it all off - the "massacre" was in fact a false flag event and carried out not by Libyan Government forces (after all why would a Government commended for its human rights record suddenly start the indiscriminate shelling of civilians?) but by the "unarmed civilians" themselves (5).
The reaction
   What was also behind this horrific surge in violence by the marauding groups of armed fanatics called "The Rebels", basically representatives from the very dregs of society, a hotchpotch of lunatics, bandits, terrorists, criminals and opportunists, was ethnic cleansing carried out against Black Libyans. The "rebels", indeed, refer to themselves as "the brigade for purging slaves, black skin." The Wall Street Journal has also reported that the "rebels" are trained by former al-Qaeda operationals, released from the US concentration camp Guantanamo Bay.
   While the Libyan Government itself has said an armed reaction was "regrettable" it has also asked what else it was supposed to do. What would anyone do if their nation was being torn apart by armed terrorists torching Government buildings and committing massacres in the streets? There is evidence of horrific "rebel" attacks against children. In this video, you can see a boy who was impaled. He later died (6).
     By now we can see that to describe this as a fight between a "brutal dictator" and "innocent civilians who wanted freedom" is sickeningly and dangerously naïve, however easy it is to sell to generations brought up on western movies with fights between the good cowboy in the white hat and the bad cowboy in the black hat.
The danger
   The problem with this simplistic attempt to brainwash the public, manipulate public opinion and whitewash NATO's war crimes in Libya (murder of children, acting outside the rules of engagement occasioning the crimes of murder, attempted murder, criminal damage with intent, grievous and actual bodily harm) and crimes under international law, interfering in an internal armed struggle, against the UN Charter (7), is that it creates the space for a travesty of international law to be committed with impunity.

    More seriously, this ill-planned, ill-conceived and very amateurish attempt at foreign policy and, unbelievably, a total absence of crisis management by poorly-advised politicians in countries with serious internal problems (Britain, France and the USA) has serious consequences for the future of Libya and the region. Indeed, the longer it goes on, the more ancient fault lines and tribal conflicts appear. The country has already shown a massive crack down the middle: the ancient countries of Tripolitania and Cyrenaica mentioned above and fighting in different areas is not based upon population vs. Gaddafi (who you will be surprised to hear, is genuinely liked and popular among the vast majority of Libyans, who would certainly vote for him in an election - that is why NATO refused this offer from the Libyan Government), but rather, upon ancient tribal feuds which are surfacing with every week that passes.
The solution
     Deriding NATO, calling its leaders incompetent, at best and criminals, at worst, feels great. However, this situation has gone beyond name-calling and it is time for action. In this non-Clauswitzian world, in which military action can be taken by entities which are not an organised military force controlled by a State apparatus, NATO countries engaging in this murderous outrage have rendered themselves open for revenge attacks by non-State players. After all, what is the difference between the slaughter of a Libyan civilian in Tripoli and a British, French or American citizen in London, Paris or Washington? One was caused by a bomb dropped from 30,000 feet and the other,by a grenade tossed through his window? Or does NATO have some God-given right to go around the world breaking international law and committing massacres?
    Such revenge attacks are not the first option, because violence engenders violence and escalates it, as is the case with the conflict in question. The answer is a political solution, so long as NATO is willing to accept one; if not, there would be no alternative in the minds of those most enraged by this travesty of international law.
    NATO has painted itself into a corner - or to be more precise, certain members of NATO have painted the Organization into a corner and the squirming and twisting and turning of most of its members is visible and audible. Italy wants out (now which bases are going to be used? Who is going to admit that its territory could well be a target?), Obama is being systematically neutered in the USA and Hillary Clinton is sounding more hysterical by the day as she sees her Grand Plan slipping though her fingers (destroying the African Union which Al-Qathafi mentors and replacing it with AFRICOM). Meanwhile, the British and French voters are starting to question why their family members are denied hospital treatment, why there are no places in schools or police on the street because their governments say they cannot afford it, when each of them has shelled out some 300 million USD to date and daily spends 50,000 to 100,000 USD per aircraft per hour plus accommodation plus insurance and other expenses...on supporting Islamist terrorists in Libya.

    Therefore, there is a need to help NATO extricate itself because it does not have the wherewithal to back down and lose face, even though its politicians deserve it. The best option would be to admit that the terms of Resolution 1973 (2011), namely the imposition of a no-fly zone, have been met, while at the same time accepting the Libyan Government's offers of allowing international mediation (something it has said from the beginning), allowing the UNO to monitor the situation on the ground, and allowing the Libyans, together with the African Union, to sort it out for themselves before it is too late and before the country and the region implode. If NATO does not accept this, then what exactly is it supporting? Obviously not democracy.
NATO's reputation therefore rests, once and for all, upon a decision to use the get-out strategy referred to above.

Comment: In the debate that follows I would request readers to refrain from ad hominem attacks, name-calling and derogatory and aggressive writing styles. For once, let us have a heated debate but without lowering the standard before it has started.

Jun 27, 2011


this article you can use with link LibyaSOS - PLEASE RESPECT OUR TIME - THANKS 
by Libya S.O.S.
Who would have thought that Twitter, a place for so many people to muse about their lunches and rant about their boring lives would actually be used to help triangulate bombing targets in Libya? 
Yes, NATO is now including Tweets as part of its "intelligence picture" in an attempt to locate Gaddafi and his “nefarious forces”.
This grandchild was killed by NATO 20.60.2011.
1 . In March 2011. Media make “great” articles about Serbs who support Gaddafi. “Serbs war over Libya” “Serbian hackers fight for Gaddafi”
More than 50,000 Internet users from Serbia are actively supporting Libyan President Gaddafi through a cyber war with his opponents, a Libyan opposition group called the Libyan Youth Movement (LYM) says. (read more)

70 902 people like this
 BUT but none of the journalists did not mention facts:
NATO’s use of depleted uranium ammunition in it’s aggression against Serbia (read more)http://www.foreignpolicyjournal.com/2011/05/14/nato-poisons-libya-with-depleted-uranium/comment-page-1/
NATO killed 89 children in Serbia and 500 Yugoslav civilians were killed in ninety separate incidents over seventy-eight days of bombing http://www.hrw.org/legacy/reports/2000/nato/Natbm200.htm#P37_987
"Twitter and Facebook are among a wide range of media and other sources NATO's "intelligence" officers monitor around-the-clock to identify potential targets in the air war against Kadhafi's troops", the officials said.
Who is user? From where? 

From first day it was strange. We “spoken” only with Libyan Youth Movement from west Europe or from Canada?!? They blocked us (of course).
List of “Libyan Youth Movement”?!?
And*** BATC***** -From Croydon, United Kingdom
YAS**** LAB*** - Norwich, Norfolk
STE** DYS*** - Lives in Toksværd, Storstrom, Denmark
SHA*** HOG**** - Lives in Delray Beach, Florida
JOHN H***** - Went to winston churchill
OLI*** D*** -From Bratislava, Slovakia
STIG-ÅKE PER**** - From Halmstad, Sweden, Born on 17 October 1953
BJØRN HOLST JE******* - From Ny Tolstrup, Roskilde, Denmark
GAR* KE**- Worked at Osmond Lange Architects Studied at Self Taught
AKR** SHER** - Lives in Madrid, Spain
PEDRO ALF****- San Juan, Puerto Rico, Born on 04 July 1948

Karm*** Bian** Lives in Valletta, Malta

San** Sa** From Arlington, Massachusetts
Libyan Youth Movement
 Libyan Youth Movement - Note to Media: contacts #Yefren & #AlQala are under COMPLETE siege, there's no going in/out of area. ONLY via satphone libyanym@gmail.com
"We will take information from every source we can," said British Wing Commander Mike Bracken, the Libya operation's military spokesman. "We get information from open sources on the Internet, we get Twitter."
   Every morning at 7:30 a.m., in the picturesque woodlands of rural Ontario, a retired auto shop manager named Janice Clinch helps her grandson get ready for school and fires up her computer for another day of battle in the Libyan desert.

   The 59-year-old has never met anybody from Libya. She has not visited the Arab world; chronic pain makes it hard for her to get around. But from her home near Seeley’s Bay, 40 kilometres northeast of Kingston, she joined a committed cadre of social media users who have become, in effect, volunteer intelligence analysts. On Twitter, Facebook and other services, they discuss satellite images, vessel tracking data and the latest gossip from their sources inside the country.
   A Twitter account with apparent links to the British military has even taken the unusual step of asking users to submit the precise co-ordinates of troops loyal to Colonel Moammar Gadhafi.

   Ms. Clinch was among the first to respond. Months of online activism earned her a role as administrator of the Libyan Youth Movement page on Facebook – the only non-Libyan honoured with the job, she says – and on Monday she noticed that a regular member, somebody located in western Libya, had pinpointed a gas station converted into a temporary headquarters for Col. Gadhafi’s forces. She tweeted the co-ordinates, along with the longitude and latitude of a few other targets passed along from the same source, asking NATO to “clean up” the government troops.

  Ms. Clinch was not sure whether NATO had bombed those locations, but she continued to scour the Internet for more leads.
“I don’t believe in dictatorships,” she said. “It’s inconceivable to me that people could live in these conditions.”
   Twitter is no replacement for the forward air controllers who have guided bombs from the ground since the Second World War. Canadian and U.S. forces now call these specialists Joint Terminal Attack Controllers; some elite foreign troops are rumoured to be among the advisers helping the Libyan rebels, but they apparently do not include JTACs. This leaves an important gap in NATO’s view of the war: for all its sophisticated eyes overhead, the alliance suffers a shortage of real-time intelligence from below.
   This shortcoming is part of the reason why air power has never succeeded in overthrowing a regime, analysts say, a historical record that fuels skepticism about the campaign.
Those precedents may not be entirely valid in the new age of social media, however. In a press briefing on June 10, Wing Commander Mike Bracken, a NATO spokesman, described the so-called “fusion centre” that pulls together intelligence.
“We get information from open sources on the Internet; we get Twitter,” Wing Commander Bracken said. “You name any source of media and our fusion centre will deliver all of that into usable intelligence.”
Lieutenant-General Charles Bouchard, the Canadian who commands the operation, ultimately decides whether to trust what he’s hearing.
“He will decide, ‘That is good information and I can act on it,’ ” the spokesman said. “Where it comes from, it’s not relevant to the commander.”
   Some online activists have been contacted directly for their input. NATO staffers also appear to have set up unofficial accounts to solicit information; one user selected the name “HMS Nonsuch,” a term sometimes used by the British navy to indicate a hypothetical ship during exercises. That account describes itself as “unofficial, not run by the Royal Navy,” and offered assurances that Twitter is only a method of gathering tips that will be corroborated with other sources. 

   Robert Rowley, 48, supervisor of a Dairy Queen in Arizona, said he has already seen results from his Twitter activism. He was among the first to notice fuel tankers slipping past NATO warships and docking at ports controlled by Col. Gadhafi, which led to NATO interdictions.
   He also wonders whether his tweets might be connected to the bombing of a Gadhafi communications centre in Tripoli. Combing through satellite images, he noticed that a property listed as a commercial warehouse had a yard containing what appeared to be military vehicles. He published his observations; 10 hours later, the spot was hit by a NATO air strike.
“I’m 5,000 miles away,” he said, in an interview before his shift at the ice-cream parlour. “It’s a very weird feeling.” 

The "sponteneous rebels":
(main page from "rebels")
(domain name created on Feb-14-2011 !!!!)
Update 20.01.2012.
List of tweets sent to and used by NATO to bomb targets in Libya. -  http://storify.com/antireb/list-of-tweets-sent-to-and-used-by-nato-to-bomb-ta
Where are the internet "freedom fighters" ?
AeliciaJones @ AeIiciaJones libya human rights activist. . What mental disorder does she/he have? Crime on Twitter  -> http://libyasos.blogspot.com/2011/09/aeliciajones-aeiiciajones-libya-human.html

NATO-MATRIX or DISNEYLAND (part I) Fake profiles--> http://libyasos.blogspot.com/2011/06/nato-matrix-or-disneyland.html
NATO-MATRIX or DISNEYLAND (part II) Crime on Twitter -- > http://libyasos.blogspot.com/2011/06/nato-matrix-or-disneyland-part-ii.html
NATO MATRIX or DISNEYLAND (part III) US, Twitter and excellent english ->

...to be continued

Jun 25, 2011

Amnesty International Official: No Evidence of ‘Mass Rape’ in Libya

In an interview with the French daily Libération, Amnesty International official Donatella Rovera has cast doubt on widely-publicized charges that Libyan government troops loyal to Muammar al-Gaddafi (Libyan army) have engaged in mass rape or even used rape as a “weapon of war.” Asked about the charges, Rovera replied:
We have not found cases of rape, which does not mean that there have not been any, but, nonetheless, it is problematic. Not only have we not met any victims, but we have not even met any persons who have met victims. As for the boxes of Viagra that Gaddafi is supposed to have had distributed, they were found intact near tanks that were completely burnt out.

The mass rape charges have been invoked by American Ambassador to the UN Susan Rice, International Criminal Court Chief Prosecutor Luis Moreno-Ocampo, and, most recently, Secretary of State Hillary Clinton. The related “Viagra” story appears to have been first publicized by Al-Jazeera. (See the March 27 Al-Jazeera report here.)
Who still beleiveto Al Jazeera? 
OH yes ICC! 
For ICC and Moreno-Ocampo Al Jazeera is great source! 
Prosecutor’s Application Pursuant to Article 58 as to Muammar Mohammed Abu Minyar GADDAFI, Saif AlIslam GADDAFI and Abdullah ALSENUSSI
 source for ICC?!?
"24  Al Jazeera??!, “Inside Gaddafi’s inner circle”, 27 February 2011, LBY-OTP-0005-1135; REDACTED.
25  BBC News?!, “Libya revolt as it happened: Tuesday”, 2 March 2011, LBY-OTP-0005-1176.
26  REDACTED; The Guardian?!, "Libyan fixer's visit to London may show Gaddafi's sons want a way out", 31
March 2011, LBY-OTP-0005-1293; The Libya Freedom, “Abdullah al Senoussi calling on his followers to
quash the current rebellion in the East”, LBY-OTP-0007-0726 (English Transcript of Excerpts: LBY-OTP-0008-0070)
3 Xinhua News Service?!, “Backgrounder: Profile of Libyan leader Muammar Gaddafi”, March 20, 2011, LBY-OTP-0007-0062."

see also  Viagra, condoms and Susan Rice  

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