By Vivienne Walt
Muammar Gaddafi faces a potential war crimes trial at The Hague after the International Criminal Court (ICC) on Monday issued arrest warrants for the Libyan leader, along with his son Saif al-Islam and his military intelligence chief General Abdullah al-Sanoussi. The warrants allege that all three men were involved in ordering security forces to open fire on unarmed protesters last February, turning a peaceful protest movement into a four-month civil war.
A woman supporter of Libyan leader Muammar Gaddafi holds up a picture of Gaddaattend a rally at the green square in Tripoli June 23, 2011.
The arrest warrants turn the regime’s top three figures into fugitives in all of the 150 countries that recognize the jurisdiction of the ICC. The Gaddafi warrant claims that he ordered his security forces to “deter and quell by all means the civilian demonstration against his regime,” while his son Saif – who until last February was trumpeted by Western leaders as Libya’s great reformist hope – is alleged to have managed the logistics of the crackdown, effectively acting as his father’s Prime Minister. “His contributions were essential,” the warrant says of the younger Gaddafi, adding that he was “the most influential person with [Muammar Gaddafi's] inner circle, and as such, he exercised control of crucial parts of the state apparatus”. U.N. investigators believe hundreds of civilians were killed in Benghazi, Misratah, Tripoli and other cities during the second half of February, when security forces fired live ammunition into crowds of demonstrators.
Gaddafi is only the second sitting head of state (after Sudan’s President Omar al-Bashir) to be indicted by the ICC since it began operating in 2003. And in theory, the crimes are serious enough to land the Gaddafis and their intelligence chief in prison for the rest of their lives.
In reality, however, the three men are already living as fugitives. Hunkered down in Tripoli, their movements have been drastically curtailed since NATO jets began bombing the capital in mid-March. Until then, Gaddafi retained a swaggering defiance against the rebels and their Western supporters, appearing atop the ramparts of Tripoli’s Red Castle fortress and delivering thundering pep talks on television, vowing to crush his foes. Now, weeks pass without any sign of Gaddafi, who has said he believes NATO forces aim to kill him.
As the NATO air campaign drags into its fourth month, Gaddafi has endured the deepest crisis of his 41-year rule far longer than NATO officials had expected. Still, there are signs that some within Gaddafi’s top ranks are scrambling for a political exit. Three government ministers held talks with foreign envoys on the Tunisian island of Djerba over the weekend, according to a brief picture of the talks shown on Gaddafi’s state-run television. Gaddafi’s envoy to Algeria met with Algerian officials on Monday to discuss the crisis, while African leaders met in South Africa’s capital Pretoria to discuss options to end the war.
It remains unclear whether the ICC warrants will speed an end to the war by accelerating the breakup of the regime, through the isolation of the Gaddafis, or will deepen its defiance by cutting off lines of retreat. Gaddafi spokesman Moussa Ibrahim on Monday shrugged off the arrest warrants, saying, “The ICC has no legitimacy whatsoever. We will deal with it.”
Under the international court’s rules, the Libyan regime is now responsible for rounding up the men and sending them to The Hague for trial. “One does not need to be a law professor to understand the unlikely scenario of the Libyan authorities to act on this,” says Richard Dicker, Human Rights Watch’s international justice program director, who has monitored the International Criminal Court since its inauguration.
Despite billions in funding, the court has failed to convict a single defendant in its eight-year history. Its arrest warrant against Sudan’s President Bashir was issued in March, 2009; more than two years later, the Sudanese leader is still in power and even traveling internationally – albeit only to countries that do not recognize the ICC – and officials in The Hague have appeared powerless to bring him to justice. When people are brought to court, trials can drag on for years.
With no foreign forces in Tripoli, arresting the Libyan leader and his son could require a cataclysmic split in the regime. Many military commanders and politicians have defected since February, but they have fled the capital to the rebel side, rather than moving against Gaddafi and his inner circle in Tripoli itself.
If NATO finally orders in ground forces – which it has, until now, vowed not to do – those forces could be obligated to arrest the three men should they be captured by countries that recognize the ICC. (The U.S. does not recognize the court.) And if Gaddafi finally agrees to exile, he is now barred from going to any country which has ratified the ICC. There are still plenty of destinations which would welcome him, however, including Saudi Arabia, Zimbabwe, Angola and North Korea. And, says Dicker, “He could live in suburban Washington D.C., since the U.S. would have no obligation to arrest him.”






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Arundhati Roy and Kashmir’s struggle for justice
November 1, 2010Murtaza Shibli
The news that the prize-winning Indian author Arundhati Roy may be arrested for her remarks about Kashmir is not surprising. It is a sign of growing Indian intolerance towards the issue. During the current phase of the Kashmiri intifada, the only Indian response to Kashmiri demands for justice and self-determination has been the use of overwhelming military force. More than 112 civilians – mostly youths – have been killed and several thousand injured, mainly by the Indian military and paramilitary.
The current unrest in Kashmir has met with an increasingly brutal response from the Indian military.
In the absence of strong international criticism, the Indian state has been emboldened to crush any dissent or demands of justice ferociously. Intimidating Kashmiri civil society has always been part of the standard Indian response, but it has grown exponentially over the last few months. In early July, the police arrested Mian Qayoom, president of the Kashmir Bar Association (the main lawyers’ body), for protesting against human rights violations. He was arrested under the draconian Public Safety Act, which authorises incarceration for up to two years if the authorities feel that the detainee may disturb peace and order or threaten the security of the state.
Several other human rights activists, such as Ghulam Nabi Shaheen and political workers remain behind bars, along with hundreds of Kashmiri youths who have been detained for offences such as throwing stones at gun-toting Indian armed forces.
Frustrated by having to treat the mounting casualties amid curfew restrictions and with dwindling medical supplies, a group of doctors at the government medical college in Srinagar staged a peaceful sit-in – only to be accused by the police of various “offences” including rioting and “disobedience to order duly promulgated by public servant”. The police also accused them of inciting people and using “anti-national slogans”. The largest local newspaper, Greater Kashmir, lamented that creating an atmosphere of intimidation in this way “speaks of the mindset that always contributed to the worsening of the situation”. It continued: “Rather than establishing a connect with its people and knowing from them what has gone wrong and how can it be corrected, government, by initiating such actions against people, is only pushing the situation towards worse.”
From the very beginning of the current unrest, the government adopted the policy of restricting journalists reporting on demonstrations and brutal government responses. The Indian army and paramilitary forces beat several journalists, refused to respect their curfew passes and even forced closure of leading newspapers as their offices remained locked and the journalists were denied access. In one such incident in July this year, 12 photojournalists working for local, national and international publications suffered serious injuries from security forces trying to stop them recording the demonstrations. One of the BBC’s Urdu service journalists, Riaz Masroor, was stopped and beaten by police as he went to collect his curfew pass on 9 July. According the BBC, he suffered a fractured arm.
In September, the Committee to Protect Journalists (CPJ) renewed its call to allow Kashmiri journalists to cover the unrest. This is how Anuradha Bhasin, the executive editor of the Kashmir Times, described the situation to me in an email in September: “The level of intimidation is so high that many reporters have been forcibly doing table [desk-based] stories, mainly operating from the homes. And as an editor, sometimes, even I find that a safer arrangement, given the vulnerability of the reporters in simply stepping out of their homes”.
The current phase of intifada has deeply exposed Indian vulnerability in Kashmir. In absence of any Pakistani support to the new generation of Kashmiris, Indian claims to blame Pakistan, Islamic terrorism and Lashkar-e-Taiba have lost credibility even among its own population.
This has provoked several newspaper reports and opinion articles by Indian journalists and commentators that not only question India’s brutal tactics but also have shown sympathy to Kashmiri demands. It has created what Roy rightly describes as “panic about many voices”, and the threat of charging her with sedition, she says, “is meant to frighten the civil rights groups and young journalists into keeping quiet”.
As the “ISI or Laskhar-e-Taiba” theory of the protests becomes increasingly untenable, Kashmiri demands are finding greater resonance within Indian civil society. The threat to Roy may be a crude attempt to prevent such criticism from gathering momentum at a time when Barack Obama is planning a visit to India next month. India is determined to keep Kashmir out of the picture and, to achieve this, intimidation and terror against Kashmiris has already entered another phase.
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