Sources close to Saif Al-Islam are reportedly negotiating his surrender The International Criminal Court (ICC) chief prosecutor, Luis Moreno-Ocampo, says that sources linked to Saif al-Islam Gaddafi are discussing terms of his potential surrender. The ICC has received questions from individuals linked to Saif al-Islam Gaddafi about the legal conditions attached to his potential surrender and what would happen if he were convicted or acquitted, said chief prosecutor Luis Moreno-Ocampo.
“Someone close to Saif approached someone related with Saif and he was asking a few questions about the possible surrender of Saif to the ICC, including questions about what happened if he is convicted, what happens if he is acquitted, where he is going, so we clarified this issue – but we have nothing to negotiate,” Moreno-Ocampo said.
“If Saif surrenders, he has to go to The Hague, then immediately he will go before the judges, who will inform him of his rights, and then his lawyer will have to start to receive our evidence, and then we go to the confidential charges,” he explained.
In a speech to the U.N. Security Council on Wednesday, Moreno-Ocampo also said that charges against Muammar Gaddafi could be formally dropped when the court gets official proof of the strongman’s death, the prosecutor said.
The ICC, based in The Hague, said last week it made informal contact with Saif and is seeking to arrest him and bring him to trial on the charges stemming from Libya’s civil war.
Both Saif, the fugitive son of Libya’s toppled late leader Muammar Gaddafi, and Libya’s former intelligence chief, Abdullah al-Senussi, have been charged with crimes against humanity for the bombing and shooting of civilian protesters during Libya’s mass anti-government uprising, which began in February.
“We are prosecuting him,” Moreno-Ocampo said. “We have evidence; the judges issued an arrest warrant, so our job is to try to ensure that he appears before the judges.”
But Moreno-Ocampo said the identities of the intermediary negotiators between Saif and the ICC remain a mystery.
“We never met directly with the person coming from Saif, so in fact I don’t know the identity of this person. We do it through a person who is connected with Saif, so there are like two intermediaries talking between them.”
Moreno-Ocampo also highlighted fears that mercenaries were trying to help Gaddafi’s heir-apparent to escape.
“We are worried about the possibility that some group of mercenaries is helping Saif or Senussi to escape and also we like to focus attention to this aspect,” he said.
Moreno-Ocampo also said he was investigating whether the former Libyan leader, who died shortly after his capture by government forces last month, and his former spy chief ordered mass rapes.
“There are allegations of crimes committed by NATO forces, allegations of crimes committed by NTC-related forces ... as well as allegations of additional crimes committed by pro-Gaddafi forces,” Moreno-Ocampo said at the UN.
“These allegations will be examined impartially and independently by the prosecution,” he said.
NATO has denied allegations of deliberately targeting civilians during its seven-month campaign of air strikes against Gaddafi’s forces, which the alliance ended on Monday. Libya’s National Transitional Council has vowed to investigate alleged executions and abuse of suspected Gaddafi supporters.
Meanwhile, Moreno-Ocampo said his office was “galvanizing efforts” to bring Saif and Senussi to be arrested and brought to justice.
Reports that Al-Senussi passed from Niger into Mali were circulated last week by security sources from both countries.
“Abdullah al-Senussi has arrived in the Malian desert, from Niger,” where he was believed to be hiding under the protection of some Tuaregs, a Niger security source said on condition of anonymity last Thursday.
The information was confirmed by a security source from northern Mali, who said Senussi was travelling with a small group.
It was not known if Saif al-Islam was travelling with the group.
Members of the Security Council who opposed the NATO airstrikes -- including Russia, China and South Africa -- insisted that there had to be an inquiry off all crimes committed in Libya.
South African mercenaries who allegedly took part in Muammar Gaddafi’s failed escape bid were reportedly still “taking care of Saif al-Islam,” the Beeld newspaper reported last Thursday.
The South Africans were hired by a company with close ties to Gaddafi, and trained his presidential guard and handled some of his offshore financial dealings, the Afrikaans-language paper said.
South Africans have also reportedly been involved in transporting Gaddafi’s gold, diamonds and foreign currency to Niger and helping his wife and three of children flee Tripoli, the paper said.