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Brienna Ossman Argentina International Criminal Court Arundel High School 1 January 2012

The Prosecutor v. Muammar al-Gaddafi

The International Criminal Court will be hearing the case against Muammar al-Gaddafi, the ruler of Libya for the past 42 years. In January 2011, civilian protests erupted against Gaddafi’s oppressive rule in cities across Libya. Gaddafi attempted to suppress the protests, using repeated incidences of extensive violence. The conflict escalated into a brutal civil war between Gaddafi’s government and the National Transitional Council, an opposition group based in Benghazi. Gaddafi’s violent tactics have violated the human rights of the Libyan people. He is being charged with (1) murder as a crime against humanity and (2) persecution as a crime against humanity. Though the atrocities are undeniable, there are several factors that complicate the case. First of all, Gaddafi has used the complex tribal system of the Libyan society in order to maintain his control over the nation. Using a divide and rule strategy, he has emphasized the tribal partitions in order to prevent the people from unifying against him. He has armed the tribes that have supported him, and these tribes are likely to resist his arrest. Also, because it is not within the jurisdiction of the ICC to employ an international police force, the ICC requires the aid of NATO, the African Union, and the Libyan authorities to arrest and prosecute Gaddafi. There is also the issue of whether to allow Gaddafi to stay in Libya under the condition that he remove himself from politics, a proposition that both Britain and France support. Lastly, the ICC must decide whether Gaddafi qualifies as an indirect co-perpetrator of crimes against humanity. The ICC must consider the complex circumstances surrounding the case prior to rendering a verdict regarding Gaddafi’s criminal charges.

Argentina’s history provides a unique insight into the case against Gaddafi. After the death of President Peron in 1974, a military dictatorship assumed control from 1976 to 1983. During this period known as the Dirty War, the armed forces employed harsh and violent methods to suppress any possible threats to the military junta. It is estimated that as many as 30,000 Argentinean dissidents disappeared as a result of this attempt to restore and maintain order. Argentina knows first-hand the damaging ramifications of a totalitarian regime that repeatedly violates the human rights of its citizens. The Argentinian democracy currently operates according such ideals as a written constitution, separation of powers, federalism, competitive political parties, and political liberties. Argentina supports the development of democracy worldwide, particularly in the undeveloped areas of Latin America and Africa. Moreover, Argentina supports the preservation of human rights and the elimination of injustice. Gaddafi’s violation of human rights is irrefutable, and all measures must be taken to ensure that he is brought to justice.

The ICC should unquestionably find Gaddafi guilty of the crimes against humanity of murder and of prosecution. According to article 25(3)(a) of the Roman Statute, “a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible.” It is clear that regardless of Gaddafi’s official political position or lack thereof, he is indeed responsible for his crimes against humanity, and the Court must act accordingly. Because the ICC’s lack of jurisdiction over an international police force, it is imperative that NATO, the African Union, and the Libyan authorities comply with the decisions of the Court and act to arrest and prosecute Gaddafi, especially considering the opposition in which his loyalists will expectedly engage. Not only must Gaddafi be completely removed from power, he must be completely removed from Libya. It would be difficult to prevent Gaddafi from involving himself in politics without forcing him to leave the nation. As the longest-serving Arab leader, Gaddafi has long-standing influence over his people and support from other nations that would likely continue after his removal from power. His proximity would hinder the power of the next regime. The Court should rule to completely remove Gaddafi both from power and from the country in order to ensure his influence is obliterated. His rule has caused countless violations of human rights, so his demise would promote both peace and legal remedy. The purpose of the International Criminal Court is to enforce international law and uphold human rights. It is the Court’s duty to do everything in its power to bring justice to Libya, to Africa, and to the world.