Saif Al-Islam Gaddafi Hearing

The warrant of arrest for Saif Al-Islam Gaddafi was issued on 27 June 2011. In issuing the arrest warrant, Pre-Trial Chamber I found that there are reasonable grounds to believe that:

• Following the events in Tunisia and Egypt in the early months of 2011, a State policy was designed at the highest level of the Libyan State machinery and aimed at deterring and quelling, by any means, including by the use of lethal force, the demonstrations of civilians against the regime of Muammar Gaddafi which started in February 2011; and
• In furtherance of the above-mentioned State policy, from 15 February 2011 until at least 28 February 2011 the Libyan Security Forces, which encompass units of the security and military systems, carried out throughout Libya – and in particular in Tripoli, Misrata and Benghazi as well as in cities near Benghazi such as Al-Bayda, Derna, Tobruk and Ajdabiya – an attack against the civilian population taking part in demonstrations against Gaddafi’s regime or those perceived to be dissidents, killing and injuring as well as arresting and imprisoning hundreds of civilians.

Pre-Trial Chamber I also found that there are reasonable grounds to believe that:

• Although not having an official position, Saif Al-Islam Gaddafi is Muammar Gaddafi’s unspoken successor and the most influential person within his inner circle and, as such, he exercised control over crucial parts of the State apparatus, including finances and logistics and had the powers of a de facto Prime Minister;
• Muammar Gaddafi, in coordination with his inner circle, including Saif Al-Islam Gaddafi, conceived a plan to deter and quell, by all means, the civilian demonstrations against the regime, and that both of them made an essential contribution to implement that plan.

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