We'll punish criminals

Fadi Al-Abdallah Tunisia - Nabil Zaghdoud     Fadi Al-Abdallah, the official spokesperson for the International Criminal Court (ICC), considered, that the court has jurisdiction over crimes committed with the use of arms during the "Jasmine Revolution", stating that the court is waiting for a decision to be taken by the UN Security Council, to be able define the court position on the Syrian events. He explained during the interview that life imprisonment sentence awaits those who are accused in war crimes and crimes against humanity. Al-Abdallah was on a visit in Tunisia participating in the regional seminar on international criminal court. You spoke at the opening of the seminar saying that the International Criminal Court (ICC) might have an opportunity to track those who committed crimes against the Tunisian people, in case the court notices carelessness on the behalf of the Tunisian Judicial system. Can this declaration be considered as a warning to the system, urging it to accelerate the trial process against people who ordered the use of firearms against the protestors? The International Criminal Court is the last choice, because it operates under the principle of complementarily with national jurisdictions authorities, which have a priority in the pursuit of those who commit crimes described as war crimes, genocide and crimes against humanity. With the exception of the Security Council role that refers to turn the situation in an unorganized state, ICC has jurisdiction over such crimes, if committed on the territory of a state that follows the international Roman code of law. In the Tunisian case, the ICC has jurisdiction over such crimes, if they occurred after the first of September 2011, and if the Tunisian judiciary is unable or does not have the will to follow serious prosecutions against the perpetrators. It is well known that the Tunisian judiciary and the international community often had tension during the years of Ben Ali. Does the ICC have full confidence in the integrity and independence of the judicial system after the revolution? At this point the office of the general prosecutor of the ICC didn’t decide to initiate an investigation or even to conduct a preliminary analysis of the situation in Tunisia, due to the absence of jurisdiction of the ICC. For these reasons there is no need to monitor the nature of the Tunisian judiciary. Did the Tunisian seminar achieve its goals? The participation of eight Arab countries and the attendance of many others is solid evidence on the success of the conference, which targeted primarily the legal experts in the Ministries of Foreign Affairs and in Justice, as well as lawyers and judges. The goal was to understand the international Roman code of law, and how the Court works and to prepare for thefuture cooperation. The comments of the participants and their interest were an additional proof on the positive relationship with the ICC, and a confirmation to install the rule of law and prosecute major criminals. In the coming days we will publish a general report on the conference followed by its recommendations. What is the position of the ICC regarding what is happening in Syria? In particular that many experts and UN officials said that it might reach the level of crimes against humanity? Syria, for the time being, is not a member in international Roman code of law. The ICC cannot interfere, unless the UN Security Council decided to refer the matter to it, as it did with Sudan and Libya. Amnesty International said that the parties in the Libyan conflict have committed violations against human rights, they are considered as war crimes, does the ICC, have the intention to prosecute few rebel leaders in particular after the inclusion of Qadhafi’s regime symbols in the list of most wanted criminals? The ICC, at the request of the general prosecutor issued three orders to arrest Muammar Gaddafi, his son Seif al-Islam and Abdullah Al Sanusi. and they are wanted, even now, to appear before the ICC. At the same time the general prosecutor continues his investigation with impartiality and independence on the occurrence of rape crimes, attacks against African, for suspecting that they were mercenaries, and also investigating the allegations, of war crimes committed by different parties in the conflict. Taking into consideration these investigations, and according to gathered evidences by the general prosecutor, an arrest warrants will be declared or summons to appear in the court. All of these measures will be decided by the judges of the ICC. The president of the Transitional Libyan Council announced that no citizen will be brought in front of the ICC. Trials on killing the Libyan people are a national case. What is your comment on that? The statements published in the media are many. The Security Council resolution number 1970 obliged the Libyan authority to cooperate with the ICC and that includes arresting, and extraditing wanted people to the court. In case cooperate is refused the Security Council and all of the members of the international Roman code of law will be informed, and necessary measures will be take in respect to the court decisions and demands. On the other hand, the role of the ICC completes the work of the national judiciary but does not replace it, and here, if the Libyan judiciary is able to conduct serious trials, and has already started. It goes to the Libyan authorities, or to the ICC to raise the issue of jurisdiction and not to accept the cases, because the prosecution is at the national level. Some experts said that war crimes and genocides done by Qaddafi, are pursued through mechanisms of international justice or through what is known as the jurisdiction, what is the definition of the jurisdiction? I think it refers to the national jurisdiction courts to consider the issues. What about the penalties that can be imposed by the Criminal Court against all those involved in cases of war crimes or crimes against humanity? The highest penalty, according to the International Roman Code of Law, is imprisonment for thirty years, and if the judges signed the penalties, they can be sentenced to life imprisonment, note that the Roman Law does not include the death penalty, judges could set a financial fine or take symbolic action, like financing or funding to build a statue commemorating the victims.