The Libya Question:The Libya Question:Implications to the Implementation of Implications to the Implementation of

Responsibility to Protect and Responsibility to Protect and the Role and Functioning of the ICCthe Role and Functioning of the ICC

October 25, 2011October 25, 2011

Takahiro KatsumiTakahiro KatsumiWorld Federalist Movement of JapanWorld Federalist Movement of Japan

WFM Council Meeting, Washington D.C.WFM Council Meeting, Washington D.C.

FACTSFACTS

Res. 1970: Res. 1970: 26 February26 February: UN Security Council unanimously : UN Security Council unanimously

refers the situation in Libya to the ICCrefers the situation in Libya to the ICC 3 March3 March: ICC Prosecutor announces the launch : ICC Prosecutor announces the launch

of formal investigationof formal investigation 16 May16 May: OTP announces the issuing of arrest : OTP announces the issuing of arrest

warrants was requested to the Pre-trial Chamberwarrants was requested to the Pre-trial Chamber 27 June27 June: Pre-trial Chamber issues arrest : Pre-trial Chamber issues arrest

warrants for three individualswarrants for three individuals

FACTSFACTS

Under Res. 1970, Arrest warrants issued for:Under Res. 1970, Arrest warrants issued for: Muammar Mohammed Abu Minyar Muammar Mohammed Abu Minyar

QaddafiQaddafi, leader of Libya, leader of Libya Saif Al-Islam Qaddafi,Saif Al-Islam Qaddafi, second son of late second son of late

Muammar QaddafiMuammar Qaddafi Abdullah Al-SenussiAbdullah Al-Senussi, Director of Military , Director of Military

IntelligenceIntelligence

FACTSFACTS

Sideline: Sideline:

30 March: Takahiro appears 30 March: Takahiro appears on the local Cable News on the local Cable News program to comment on the program to comment on the case as an ICC expertcase as an ICC expert

FACTSFACTS

Res. 1973: Res. 1973: 17 March17 March: UN Security Council adopts a resolution : UN Security Council adopts a resolution

authorizing the use of “all necessary means” for the authorizing the use of “all necessary means” for the purpose of purpose of protecting the civilian populationprotecting the civilian population

19 March19 March: France announces its intention to commence : France announces its intention to commence military operations in Libyamilitary operations in Libya

20 March20 March: American, British, and French forces : American, British, and French forces commence air attack on Libyan military forces commence air attack on Libyan military forces

20 October20 October: Rebel forces occupy Sirte, captures Qaddafi, : Rebel forces occupy Sirte, captures Qaddafi, Qaddafi reportedly is killed in a crossfireQaddafi reportedly is killed in a crossfire

30 October30 October: NATO to announce the end of its military : NATO to announce the end of its military operations in Libyaoperations in Libya

FACTSFACTS

Under Res. 1970, Arrest warrants issued for:Under Res. 1970, Arrest warrants issued for: Muammar Mohammed Abu Minyar Muammar Mohammed Abu Minyar

QaddafiQaddafi, leader of Libya, leader of LibyaSaif Al-Islam Qaddafi,Saif Al-Islam Qaddafi, second son of late second son of late

Muammar QaddafiMuammar QaddafiAbdullah Al-SenussiAbdullah Al-Senussi, Director of Military , Director of Military

IntelligenceIntelligence

PERVERSIONSPERVERSIONS

Six Principles of military intervention in RtoPSix Principles of military intervention in RtoP Just Cause – Protect civilian populationJust Cause – Protect civilian population Right Intention – Topple the regime?Right Intention – Topple the regime? Final Resort – Scaled interventionFinal Resort – Scaled intervention Legitimate Authority – Res. 1973Legitimate Authority – Res. 1973 Proportional Means – limited to air attackProportional Means – limited to air attack Reasonable Prospect - ?Reasonable Prospect - ?

SUSPICIONSSUSPICIONS

Was the intent just throughout the end?Was the intent just throughout the end? Military actions intensified with the intention of Military actions intensified with the intention of

toppling the regimetoppling the regime Alleged direct involvement of special forces Alleged direct involvement of special forces

and drone attacks to corner Qaddafi to the and drone attacks to corner Qaddafi to the mercy of the rebelsmercy of the rebels

One of the alleged criminals and national One of the alleged criminals and national leader murdered leader murdered before prosecuted by the before prosecuted by the courtcourt (extrajudicial killing, or at least torture) (extrajudicial killing, or at least torture)

QUESTIONSQUESTIONS

I. General ImplicationsI. General Implications What are general implications of the What are general implications of the

wrong or mis-implementation of R2P's wrong or mis-implementation of R2P's Six Principles of Military Intervention, Six Principles of Military Intervention, namely, "the right intention"? What are namely, "the right intention"? What are the effects on:the effects on:

ICC’s reputation?ICC’s reputation? ICC’s functioning and internal debate?ICC’s functioning and internal debate? Discussion in the UN Security Council?Discussion in the UN Security Council?

QUESTIONSQUESTIONS

II. Specific implicationsII. Specific implications What are the immediate and future What are the immediate and future

consequences of ICC being misused for consequences of ICC being misused for politically-motivated objectives (NOT politically-motivated objectives (NOT necessarily for prosecution)?necessarily for prosecution)?

Universal ratification?Universal ratification? Implementation of the Rome Statute?Implementation of the Rome Statute? Cooperation with the ICC?Cooperation with the ICC?

QUESTIONSQUESTIONS

III. Implications for the OTPIII. Implications for the OTP What are the consequences of 'case What are the consequences of 'case

closed' scenario where none of the closed' scenario where none of the alleged suspects under search by the alleged suspects under search by the OTP end up alive? OTP end up alive?

How would OTP actually 'close' the case. How would OTP actually 'close' the case. What is CICC's assessment of its impact What is CICC's assessment of its impact on the ongoing cases and its legitimacy?on the ongoing cases and its legitimacy?

QUESTIONSQUESTIONS

THAT’S ALL!THAT’S ALL!

Thank you.Thank you.