Situation in Libya referred to the International Criminal Court

Leader of Libya, Muammar Gaddafi.

On 26 February 2011, the United Nations Security Council (UNSC) called for an end to violence against pro-democracy protesters in Libya and imposed sanctions on Libya, including arms embargo, travel ban, as well as asset freeze on the leader of Libya - Muammar Mohammed Abu Minyar Gaddafi, commonly known as Colonel Gadaffi, and some government officials. Above all, and even more significant (in my opinion) is the fact that the Security Council referred the situation in Libya to the International Criminal Court (ICC).

The ICC has jurisdiction over the most serious crimes, including genocide, crimes against humanity, war crimes and crimes of aggression, as laid down in Article 5 of the Rome Statute that created the Court.

Article 13(b) of the Statute gives the Court power to exercise jurisdiction over cases referred to the Prosecutor by the UNSC. The February 26 referral is significant because it is an indication that the Council unanimously believes serious crimes within the jurisdiction of the ICC have been committed by the Gaddafi regime against its own people.

Following this referral, the prosecutor of the ICC is expected to open an investigation into the situation in Libya since 15 February 2011 to determine whether crimes under the jurisdiction of the court have been committed, and bring charges against perpetrators.

It is worth recalling that following the outbreak of massive pro-democracy demonstrations in Libya, Colonel Gaddafi, in a televised speech, promised to "cleanse" Libya of pro-democracy demonstrators - "house by house."

Since the outbreak of demonstrations more that one thousand people have lost theirs lives (according to the UN) and the situation in Libya has been described as a "humanitarian crisis."

Now that the deadly situation in Libya has been referred to the ICC, the Prosecutor should move quickly - investigate the alleged atrocities committed by Gaddafi's regime against pro-democracy demonstrators and charge those responsible for grave crimes in Libya.

Historically, all 15 members of the UNSC backed Resolution 1970 (2011) that imposed sanctions on the Libyan regime and referred the situation in the country to the ICC.

This is only the second time the UNSC has made a referral to the ICC. The first was the referral of the situation in Darfur, Sudan in March 2005 that culminated in the indictment of President Omar Hassan al- Bashir of Sudan for genocide, crimes against humanity and war crimes.

Gaddafi has been in power for 41 years - since 1969

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Horrific crimes committed by Laurent Gbagbo forces in Ivory Coast

Ivory Coast Police crackdown on demonstrators. Photo: PicsfromAfrica.

While the world is focused on calls for democracy in the Middle East, security forces and militias loyal to Laurent Gbagbo - who is believed to have lost the disputed November 2010 presidential election in Ivory Coast - are committing horrific crimes against civilians and supporters of Alassane Ouattara - the internationally recognized winner of the November election.

Since the African Union, United Nations, European Union and ECOWAS recognised Alassane Ouattara as the winner of the disputed elections in December 2010 and asked Laurent Gbagbo to step down, security forces loyal to Gbagbo have repeatedly clashed with supporters of Ouattara and committed horrific crimes - leaving many civilians dead or wounded and on the run.

Horrific crimes by Gbagbo loyalists against civilians and members of the opposition are well-documented and include the following:

• Abductions
• Forced disappearances, 
• Extrajudicial killings
• Gang rapes
• Intimidation and brutal crackdown on demonstrators. 

Families in pro-Ouattara neighborhoods told Human Rights Watch that Laurent Gbagbo security forces conduct raids in opposition strongholds and abduct supporters of Ouattara. Many abductees remain missing and unaccounted for.

UN peacekeepers have also been attacked by pro-Laurent Gbagbo security forces - who reportedly opened fire on a UN vehicle in December 2010.

Even more disturbing are reports of the presence of Liberian mercinaries in Ivory Coast, recruited to reinforce Gbagbo's security forces. During the 24 February clash with forces loyal to Ouattara, Liberian mercinaries fought alongside Gbagbo's troops.

Gang rapes, forced disappearances, extrajudicial killings and other horrific crimes committed by Laurent Gbagbo forces against a civilian population amount to "crimes against humanity" and "war crimes." When it's all said and done, those commanding such operations will be held to account. We've seen justice take its course in DR Congo - where a Lieutenant Colonel was recently jailed for commanding a mass rape operation.

In December 2010, the International Criminal Court (ICC) warned perpetrators of crimes in Ivory Coast that they would be prosecuted.

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Brutal crackdown on protesters in Cameroon

February 23 was another bad day for human rights and the rule of law in Cameroon, as riot police brutally cracked down on peaceful protesters calling for human rights and an end to a 28-year-old regime. Inspired by calls for change in Tunisia, Egypt, Libya, Yemen - you name it - Cameroonians took the streets in the economic capital - Douala - to demand change. The protesters met with a brutal crackdown typical of Cameroon's security forces.

Below is a video footage of the February 23 brutal crackdown on protesters, including a 2011 Presidential candidate, in Cameroon:



It's shocking to think of the fact that the woman yanked by security forces toward the end of the video is - Kah Walla - a Presidential Candidate for the upcoming 2011 presidential election.

Brutal crackdown on peaceful protesters is totally unacceptable and should be unequivocally condemned. It's torture and amounts to a violation of the right to free speech, expression and assembly.

Brutalisation of civilians by state agents also goes a long way to show what a regime is made of.

According to Amnesty International, about 100 civilians were killed in February 2008 by security forces in Cameroon during a demonstration against high cost of living.

It is worth noting that over the years atrocities committed by Cameroon's security forces have been well-documented and victims are uncountable, but perpetrators who should have their day in court walk free in plain sight. This puts the state of human rights and the rule of law in the west-central African country into question.

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