By Christian Lowe
The daughter of Libya’s former leader Muammar Gaddafi asked on Tuesday to make representations to the International Criminal Court (ICC) to help her brother Saif al-Islam, who is in a Libyan jail awaiting trial on rape and murder charges.
Aisha Gaddafi wants to hand information to the court about the welfare of Saif al-Islam, who has also been indicted by the ICC on charges of crimes against humanity dating from Libya’s civil war last year.
Supporters of Saif al-Islam Gaddafi, who was captured disguised as a Bedouin in the Sahara desert in November, say they doubt he will be given a fair trial in Libya. They say he should be tried instead by the ICC in The Hague.
If he is found guilty by a Libyan court, Saif al-Islam faces the death penalty while if the court in the Hague convicts him the most he can be given is a prison term.
A document submitted to the ICC for Aisha Gaddafi suggested that the Libyan authorities were unwilling to let any foreign lawyer act for Saif al-Islam.
“Aisha Gaddafi wishes to protect the interests of her brother,” said the document, which was seen by Reuters.
Saif al-Islam, the most high-profile of Muammar Gaddafi’s sons, is the subject of wrangling between the new Libyan authorities and the ICC on where he should be tried.
Libya’s ruling National Transitional Council says he should be tried at home and that he will be given a fair hearing. But the ICC has reserved the right to insist that he be sent to the Hague.
The ICC has jurisdiction over the case because it issued a warrant last year for the arrest of Muammar Gaddafi, Saif al-Islam, and the Libyan leader’s intelligence chief Abdullah al-Senussi.
All three were indicted on charges of crimes against humanity. The charges related to failed attempts by Libyan security forces to put down a revolt last year which eventually ended Gaddafi’s 42-year rule.
Aisha Gaddafi asked the court to be able to give information to the ICC about attempts she has made to contact Saif al-Islam, and two telephone interviews with Libya’s deputy prosecutor, showed the document, which was signed by her lawyer Nicholas Kaufman.
“From these telephone conversations, it may be inferred that the Libyan authorities who purport to be investigating and prosecuting Saif al-Islam Gaddafi refuse to deal with international legal counsel,” Kaufman said in the document.
The information, which was not disclosed in the document, would be filed confidentially, Kaufman said.
Muammar Gaddafi was killed after rebel fighters captured him near his hometown of Sirte in October. His intelligence chief is reported to have been captured but his location is unknown.
Saif al-Islam is being held in the town of Zintan, southwest of the Libyan capital, which is the base of the militia which captured him.
Aisha Gaddafi, along with her mother Safiya, her brother Hannibal, her half-brother Mohammed and other family members, fled Libya around the time that rebel forces took control of the capital in August.
They are in an unknown location in the neighbouring country of Algeria after the government there took them in on what it said were humanitarian grounds.
Source: Reuters
The ICC has no jurisdiction in Libya because Libya has not signed nor ratified the Rome treaty that established the ICC. And, even if it did under Qaddafi’s government, the new liberated Libya must withdraw recognition of the international court. Recognizing the ICC by a state means relinquishing its sovereignty and giving the court jurisdiction over crimes committed on its territory or by its citizens including surrendering suspects.
The States Parties to the Rome Statute
http://www.icc-cpi.int/Menus/ASP/states+parties/
States parties to the Rome Statute of the International Criminal Court
http://en.wikipedia.org/wiki/States_parties_to_the_Rome_Statute_of_the_International_Criminal_Court
So, why did the ICC issue arrest warrent for Saif? Did they want to make him look guilty without him making a case for himself, and while he still can, btw?
One war criminal protests the treatment of another war criminal! It’s not at all credible. It only shows that so long as any Gaddafi is alive they will make trouble for Free Libya, These evil demons are off free living high on the riches they stole from Libya,
The only crime here is that Aisha is also not in custody awaiting trial to be hanged.
The Libyans need to seed an assassination team to get her and the rest of the Gaddafis that escaped. It’s the only way to achieve justice.
Are you on drugs?
Wow! What an intelligent informational comment- worthy of someone who is high on crack and has nothing left working in the cranium.
If the Mossad can take care of a few minor criminals – enemies of Israel – by assassination then surely and oil rich state like Libya can have an assassination team to take care of the entire family of genocidal killers named Gaddafi.
Probably they are all high on drugs -but that is no defense they will need to be exterminated for the sake of justice and Libyan Security.
AFP – A gunbattle erupted Wednesday near the beach house of slain Libyan dictator Moamer Kadhafi’s son, Saadi, in central Tripoli, AFP correspondents reported.
Thick smoke billowed from near the house as rival militias, using heavy machineguns, clashed in the mostly business district not far from luxurious hotels like Corinthia Bab al-Africa and the yet-to-open J W Mariott.
The cause was unclear, but some witnesses said the militias were fighting for control of the house.
http://www.france24.com/en/20120201-gun-fight-erupts-near-kadhafi-beach-house-tripoli
(You’re not listening….if you’re going to project your fiorces into what is obviously hostile territory, the oil is your trump card, not the weapons in the house. They attact the house, you attack the oil, or else the militia in Sirte will never make it back to Nafusa…Stop f-ucking around with their petty a-sses…Attack the oil supply….)
that’s a good picture of Aisha…..I’d do her.She aint talkin about shyyttt……….yet……….let her keep talking………………i
Yer very brave – just don’t bring her home to meet your parents for dinner – she’ll eat your parents or rape them torture them and eat them – something like that.
Something like that movie “Bedazzled” with Elizabeth Hurley – it’s dangerous messing with the devil there.
Extra Extra
Anhk has sexual fantasies with Aisha Kadaffi. You’re in for kinky sex. Your’e not afraid of her ?
I’m all for it. Her father had Libya and Libyans gang-raped for 42 years and she reaped the rewards as well as helped out so let the punishment fit the crime.
After they get her back and sentence her to death after her trial – let all Libyan men gang rape her for three years before they hang her.
All props to Ankh for giving us new and worthy ideas on Libyan Justice!
Some of the comments here are offensive and should not be shown.
“B.M. Sharef says:
February 1, 2012 at 4:29 PM
Some of the comments here are offensive and should not be shown.”
Sharef should be censored because I find his attitude to censor is offensive.
Someone shut that Gaddafi beotch’s mouth for good! PLEASE!!!
Likes/dislikes/flags should be added to this site.
Until then, I guess you are stuck with the old fashioned idea of actually writing out your own individuated , well thought out opinion and counter-opinion.
Gee. life is tough, no likes flags, I sympathize, I really do.