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Libya: Gaddafi ICC arrest warrant raises questions Libya: Gaddafi ICC arrest warrant raises questions
(about 3 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 announcement by the International Criminal Court's Chief Prosecutor, Luis Moreno-Ocampo, that he's seeking Col Gaddafi's arrest on war crimes charges has come at a critical time.
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. Nearly two months into NATO's bombing campaign, the conflict is widely seen as a stalemate.
Mr Ocampo wants to show the Libyan leader had "command responsibility" for the alleged killing and torture of demonstrators during Libya's February uprising. Some hope this legal intervention could help break it.
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. But it's also triggered charges that the international community is pursuing selective justice, with critics asking why the ICC is not pursuing similar investigations in Syria, Bahrain, or Yemen, where government forces are also accused of widespread atrocities.
Political impact The Spanish prosecutor says he has evidence from witnesses and documents that Col 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". He's also seeking the arrest of the Libyan leader's son Saif, and his brother-in-law, the intelligence chief, Abdullah Sanussi, on similar charges.
However, the political impact of this case may be more significant in the end. Isolating Gaddafi
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. However, the political impact of this case may be more significant.
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. Western governments and Libyan rebel figures hope the prospect of arrest will further isolate Gaddafi, 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've 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 President Bashir has managed to travel to several African states which don't 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 href="http://www.icc-cpi.int/Menus/ICC/Situations+and+Cases/" >website shows that all its current cases involve African states. Double standards?
It's 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.
Deadlock It was the United Nations Security Council which initially set the ICC investigation in motion. But it's 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.
It was the UN Security Council which initially set the ICC investigation in motion. Yet with NATO facing growing questions over its 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.
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. Libyan officials may be more worried by the court than they admit.
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. The prosecutor's office says it's been receiving calls from unnamed officials offering evidence for the investigation, perhaps hoping to avoid any inquiry themselves or even preparing to switch sides.
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. But there's also concern the court could complicate matters.
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. If the current stalemate continues, a negotiated settlement may be the only solution. That's what the International Crisis Group, an influential think tank, is now saying.
But there is also concern the court could complicate matters. That would involve persuading other senior figures in Col Gaddafi's inner circle to talk and then stand down. But they may be not be willing to they face the possibility of future prosecution.
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.
But those figures may be less willing to speak if they are facing the threat of future prosecution.