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Libya: Gaddafi ICC arrest warrant raises questions Libya: Gaddafi ICC arrest warrant raises questions
(about 2 hours later)
  By Andrew North BBC News, Tripoli  By Andrew North BBC News, Tripoli
The chief prosecutor of the International Criminal Court (ICC) has taken on a legal challenge by seeking Col Muammar Gaddafi's arrest on war crimes charges, along with that of his son, Saif al-Islam Gaddafi, and his brother-in-law, Abdullah al-Sanussi.The chief prosecutor of the International Criminal Court (ICC) has taken on a legal challenge by seeking Col Muammar Gaddafi's arrest on war crimes charges, along with that of his son, Saif al-Islam Gaddafi, and his brother-in-law, Abdullah al-Sanussi.
But prosecutor Luis Moreno-Ocampo is also facing charges of pursuing selective justice, with critics asking why the court is not undertaking similar investigations in Syria, Bahrain or Yemen, where government forces are also accused of widespread abuses.But prosecutor Luis Moreno-Ocampo is also facing charges of pursuing selective justice, with critics asking why the court is not undertaking similar investigations in Syria, Bahrain or Yemen, where government forces are also accused of widespread abuses.
Mr Ocampo wants to show the Libyan leader had "command responsibility" for the alleged killing and torture of demonstrators during Libya's February uprising.Mr Ocampo wants to show the Libyan leader had "command responsibility" for the alleged killing and torture of demonstrators during Libya's February uprising.
That may sound obvious, but lawyers say it can be hard to prove a clear chain of command between a leader like Col Gaddafi and security forces which directly commit any crimes.That may sound obvious, but lawyers say it can be hard to prove a clear chain of command between a leader like Col Gaddafi and security forces which directly commit any crimes.
Political impactPolitical impact
The Spanish prosecutor says he has evidence from witnesses and documents that Gaddafi "personally ordered attacks on unarmed Libyan civilians". The Argentinian prosecutor says he has evidence from witnesses and documents that Gaddafi "personally ordered attacks on unarmed Libyan civilians".
However, the political impact of this case may be more significant in the end.However, the political impact of this case may be more significant in the end.
Western governments and Libyan rebel figures hope the prospect of arrest will further isolate Col Gaddafi and the other two men, persuading more of his supporters to defect before they end up on the ICC's list too.Western governments and Libyan rebel figures hope the prospect of arrest will further isolate Col Gaddafi and the other two men, persuading more of his supporters to defect before they end up on the ICC's list too.
If the Hague-based court's three judges approve the arrest warrant for Col Gaddafi it will be the second time they have gone after a sitting head of state.If the Hague-based court's three judges approve the arrest warrant for Col Gaddafi it will be the second time they have gone after a sitting head of state.
Three years ago they approved a warrant for the arrest of Sudan's president, Omar al-Bashir, on genocide charges in relation to Darfur.Three years ago they approved a warrant for the arrest of Sudan's president, Omar al-Bashir, on genocide charges in relation to Darfur.
But with no police force of its own the court has been unable to detain him, and Mr Bashir has managed to travel to several African states which do not recognise the ICC.But with no police force of its own the court has been unable to detain him, and Mr Bashir has managed to travel to several African states which do not recognise the ICC.
The same could happen with Col Gaddafi.The same could happen with Col Gaddafi.
Libyan officials dismissed the court even before the ICC prosecutor announced he was seeking his arrest, calling it irrelevant.Libyan officials dismissed the court even before the ICC prosecutor announced he was seeking his arrest, calling it irrelevant.
They have mocked the court as being a creature of the Europeans which only pursues African leaders and officials.They have mocked the court as being a creature of the Europeans which only pursues African leaders and officials.
It is a criticism the ICC has faced before. Its website shows that all its current cases involve African states.It is a criticism the ICC has faced before. Its website shows that all its current cases involve African states.
While welcoming the request for Col Gaddafi's arrest, the campaign group Amnesty International raised concerns about double standards, pointedly calling for the international community to pursue justice elsewhere in the Middle East.While welcoming the request for Col Gaddafi's arrest, the campaign group Amnesty International raised concerns about double standards, pointedly calling for the international community to pursue justice elsewhere in the Middle East.
DeadlockDeadlock
It was the UN Security Council which initially set the ICC investigation in motion.It was the UN Security Council which initially set the ICC investigation in motion.
But it has made no moves in that direction for Bahrain or Syria, despite the brutal tactics their governments have employed in trying to crush their own uprisings.But it has made no moves in that direction for Bahrain or Syria, despite the brutal tactics their governments have employed in trying to crush their own uprisings.
Yet, with Nato facing growing questions over its nearly two-month-old bombing campaign, some Western officials hope the ICC's involvement could help break the deadlock on the ground - regardless of whether Col Gaddafi is ever arrested or even faces trial.Yet, with Nato facing growing questions over its nearly two-month-old bombing campaign, some Western officials hope the ICC's involvement could help break the deadlock on the ground - regardless of whether Col Gaddafi is ever arrested or even faces trial.
While Libyan officials have tried to shrug off Mr Ocampo's move, it may be they are more worried by the court than they admit.While Libyan officials have tried to shrug off Mr Ocampo's move, it may be they are more worried by the court than they admit.
The prosecutor's office says it has been receiving calls from unnamed officials offering evidence for the investigation, perhaps hoping to avoid any inquiry themselves.The prosecutor's office says it has been receiving calls from unnamed officials offering evidence for the investigation, perhaps hoping to avoid any inquiry themselves.
But there is also concern the court could complicate matters.But there is also concern the court could complicate matters.
If the current stalemate continues a negotiated settlement may be the only solution, say analysts at the International Crisis Group, an influential think-tank.If the current stalemate continues a negotiated settlement may be the only solution, say analysts at the International Crisis Group, an influential think-tank.
That would mean talking to senior figures in Col Gaddafi's inner fold.That would mean talking to senior figures in Col Gaddafi's inner fold.
But those figures may be less willing to speak if they are facing the threat of future prosecution.But those figures may be less willing to speak if they are facing the threat of future prosecution.