New York, US - The New York-based Human Rights Watch (HRW) has urged Libya’s National Transitional Council (NTC) to uphold its international legal obligations and promptly surrender Saif Al-Islam Kadhafi to the International Criminal Court (ICC). In a statement posted on its website, HRW also said the forces reportedly holding Saif Al-Islam in the town of Zintan and the NTC must ensure that he is treated humanely in custody.

Saif Al-Islam, who was reportedly apprehended on 19 November in southern Libya, is subject to an ICC arrest warrant for crimes against humanity in an investigation authorised by the UN Security Council Resolution 1970.

The resolution requires the cooperation of Libyan authorities with any ICC investigation into serious crimes committed in Libya, including the surrender of ICC suspects.

“The authorities will send an important message that there’s a new era in Libya, marked by the rule of law, by treating Saif Al-Islam humanely and surrendering him to the ICC,” the statement quoted  Richard Dicker, international justice director at HRW, as saying. “His fair prosecution at the ICC will afford Libyans a chance to see justice served in a trial that the international community stands behind.”

HRW has documented recent cases of mistreatment in detention in Tripoli and Misrata, as well as apparent summary executions of suspected Kadhafi supporters by anti-Kadhafi fighters.

The apparent killings in custody of Mouammar Kadhafi and his son Muatassim on 20 October are particular cause for concern about Saif Al-Islam’s treatment, the organisation said.

On March 3, the ICC opened an investigation into serious crimes committed in Libya since 15 February. The UN Security Council had referred the situation there to the ICC in Resolution 1970 on 26 February.

On 27 June, the ICC judges authorised three arrest warrants, for Kadhafi, his son Saif Al-Islam and Libya’s intelligence chief, Abdullah Sanussi, who is reportedly still at large.

The three were wanted on charges of crimes against humanity for their roles in attacks on civilians, including peaceful demonstrators.

These attacks were committed in Tripoli, Benghazi, Misrata and other locations in Libya.

HRW said consistent with Resolution 1970, the ICC warrants apply only to events in Libya beginning on 15 February.

Fair domestic trials for crimes committed before that date will thus be vital to ensuring redress for victims and respect for the rule of law in the country, it said.

“The ICC’s prosecution of Saif al-Islam for crimes he allegedly committed in 2011 will not preclude prosecutions by Libyan courts for other grave crimes committed during his father's rule,” Dicker said. “Right now, the NTC is burdened with many challenges, and taking on this legal proceeding will require extensive resources and capacity.”

The ICC has said Libya can try Saif Al-Islam if it has the means to do so.

Pana 20/11/2011