International Criminal Court Reveals Arrest Warrant For Former Ghaddafi Security Chief

On the 24 April 2017, The International Criminal Court (ICC) decided to unseal the warrant of arrest for Al-Tuhami Mohamed Khaled. The former head of the Internal Security Agency of Libya –ISA- during the last years of Gaddafi’s regime, is charged with four crimes against humanity and three war crimes, allegedly committed in the African country in 2011.

The arrest warrant was first issued under seal on 18 April 2013 and was reclassified by request of the Prosecutor of the Pre-Trial Chamber I of the ICC. The Prosecutor believes that reclassifying the warrant of arrests as the public could increase the support and cooperation from the international community, to achieve the arrest and surrender of Mr. Al-Tuhamy.

In 2013, The Pre-Trial Chamber I found reasonable grounds to believe that between 15 February 2011 and 24 August 2011, persons perceived to be opponents of the Gaddafi regime were arrested in different regions of Libya including Zawiya, Tripoli, Tajoura, Misratah, Sirte, Benghazi and Tawergha. According to the ICC, the political adversaries to the regime were subjected to various forms of mistreatment by members of the Internal Security Agency and of other Libyan Security Forces, including severe beatings, electrocution, acts of sexual violence and rape, solitary confinement, deprivation of food and water, inhumane conditions of detention, mock executions, threats of killing and rape.

Additionally, the Chamber found evidence to consider that these acts were committed under a policy designated by the Libyan state to quash the political opposition by any means, including lethal force. The Gaddafi regime used the Libyan military, intelligence and other security agencies in order to repress the civil population. The Security forces developed a widespread and systematic attack, in accordance with a pattern by regularly identifying, tracing, locating, arresting and mistreating perceived opponents of the Gaddafi regime.

Al-Thuamy Mohamed Khaled as the head of the ISA, from at least 15 February 2011 to August 2011, had the authority to implement Gaddafi’s orders to arrest, detain, raid, conduct surveillance, investigate, monitor and torture political prisoners. As a consequence, the warrant charges Mr. Al-Thuamy with the crimes against humanity of imprisonment, torture, persecution and other inhuman acts, as well as with the war crimes of torture, cruel treatment and outrages upon personal dignity.

The Chamber considers the arrest of Mr. Al-Thuamy necessary in order to guarantee his appearance at trial. Al-Thuamy’s former position, contacts, knowledge and resources available to him can be used to ensure his escape. It is believed he possesses approximately 10 different passports, some with different identities and aliases.

According to the Statute of Rome, the warrant requests the authorities of Egypt to cooperate with the ICC. Although Libya is not part of the Statue, the United Nations Security Council Resolution 1970 referred the situation in Libya to the International Criminal Court in February 2011.

Diego Cardona T.