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2011.10.25 WFM Council Meeting ICC Panel on the Libya Question
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2011.10.25 WFM Council Meeting ICC Panel on the Libya Question

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Slides from the ICC Panel presentation at WFM Council Meeting in Washington (English ver.) …

Slides from the ICC Panel presentation at WFM Council Meeting in Washington (English ver.)
WFMワシントン理事会におけるICCパネルディスカッションで行った保護する責任(リビア事案)に関するプレゼン(英語版)

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  • 1. The Libya Question:Implications to the Implementation of Responsibility to Protect and the Role and Functioning of the ICC October 25, 2011 Takahiro Katsumi World Federalist Movement of Japan WFM Council Meeting, Washington D.C.
  • 2. FACTSRes. 1970: 26 February: UN Security Council unanimously refers the situation in Libya to the ICC 3 March: ICC Prosecutor announces the launch of formal investigation 16 May: OTP announces the issuing of arrest warrants was requested to the Pre-trial Chamber 27 June: Pre-trial Chamber issues arrest warrants for three individuals
  • 3. FACTSUnder Res. 1970, Arrest warrants issued for: Muammar Mohammed Abu Minyar Qaddafi, leader of Libya Saif Al-Islam Qaddafi, second son of late Muammar Qaddafi Abdullah Al-Senussi, Director of Military Intelligence
  • 4. FACTSSideline: 30March: Takahiro appears on the local Cable News program to comment on the case as an ICC expert
  • 5. FACTSRes. 1973: 17 March: UN Security Council adopts a resolution authorizing the use of “all necessary means” for the purpose of protecting the civilian population 19 March: France announces its intention to commence military operations in Libya 20 March: American, British, and French forces commence air attack on Libyan military forces 20 October: Rebel forces occupy Sirte, captures Qaddafi, Qaddafi reportedly is killed in a crossfire 30 October: NATO to announce the end of its military operations in Libya
  • 6. FACTSUnder Res. 1970, Arrest warrants issued for: Muammar Mohammed Abu Minyar Qaddafi, leader of Libya Saif Al-Islam Qaddafi, second son of late Muammar Qaddafi Abdullah Al-Senussi, Director of Military Intelligence
  • 7. PERVERSIONSSix Principles of military intervention in RtoP Just Cause – Protect civilian population Right Intention – Topple the regime? Final Resort – Scaled intervention Legitimate Authority – Res. 1973 Proportional Means – limited to air attack Reasonable Prospect - ?
  • 8. SUSPICIONSWas the intent just throughout the end? Military actions intensified with the intention of toppling the regime Alleged direct involvement of special forces and drone attacks to corner Qaddafi to the mercy of the rebels One of the alleged criminals and national leader murdered before prosecuted by the court (extrajudicial killing, or at least torture)
  • 9. QUESTIONSI. General Implications What are general implications of the wrong or mis-implementation of R2Ps Six Principles of Military Intervention, namely, "the right intention"? What are the effects on:  ICC’s reputation?  ICC’s functioning and internal debate?  Discussion in the UN Security Council?
  • 10. QUESTIONSII. Specific implications What are the immediate and future consequences of ICC being misused for politically-motivated objectives (NOT necessarily for prosecution)?  Universal ratification?  Implementation of the Rome Statute?  Cooperation with the ICC?
  • 11. QUESTIONSIII. Implications for the OTP What are the consequences of case closed scenario where none of the alleged suspects under search by the OTP end up alive? How would OTP actually close the case. What is CICCs assessment of its impact on the ongoing cases and its legitimacy?
  • 12. QUESTIONSTHAT’S ALL!Thank you.

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