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The “International Criminal Court”: Prosecuting Gaddafi With Questionable Evidence While Ignoring NATO-Israeli Atrocities

orwellwasright | May 17, 2011

The International Criminal Court has requested an arrest warrant for Colonel Gaddafi  and his sons for “crimes against humanity”, accusing them of ordering, planning and participating in illegal attacks on civilians. Luis Moreno-Ocampo, International Criminal Court Prosecutor, said, “Based on the evidence collected, the prosecution has applied to pre-trial chamber one for the issuance of arrest warrants against Moammar Muhamad abu Minyar Gaddafi, Saif Al-Islam Gaddafi and Abdullah al-Sanoussi.”

But what is the evidence? The press release on the website of the International Criminal Court makes frequent reference to “direct evidence” but fails to cite any of this evidence in detail. In order to try and clarify the grounds for the prosecution, I emailed the ICC:

I’m looking into the ICC Prosecutor allegations of war crimes against Col. Gaddafi and his sons and am struggling to find the evidence on which these accusations are based. Referring to the press release issued on 16th May 2011 (http://www.icc-cpi.int/NR/exeres/1365E3B7-8152-4456-942C-A5CD5A51E829.htm) there is frequent reference to “direct evidence” obtained by the ICC but nothing in the way of the actual evidence itself. Can you point me to a comprehensive analysis of this evidence so I can refer to it in my article?

A secondary point of which you could be assistance relates to the following passage: “The Office will further investigate allegations of massive rapes, war crimes committed by different parties during the armed conflict that started at the end of February, and attacks against sub-Saharan Africans wrongly perceived to be mercenaries” Given that some of the parties involved in these rapes and attacks against sub-Saharan Africans were armed and funded by Western powers via their proxies in Egypt and Saudi Arabia, will NATO-affiliated forces also be under investigation for their part in these atrocities? Are NATO forces being investigated for the deaths of civilians as a consequence of Operation Mass Appeal, in addition to covert actions carried out by special operations forces prior to the NATO-led bombing campaign?

I look forward to your response and clarification.

The ICC promptly responded, providing me with a document entitled, PUBLIC REDACTED Version Prosecutor’s Application Pursuant to Article 58 as to Muammar Mohammed Abu Minyar GADDAFI, Saif Al‐Islam GADDAFI and Abdullah AL‐SENUSSI.

Needless to say, “redacted” is the operative word.

Sources backing up the frequent assertions in the document regarding crimes against humanity carried out by Gaddafi and his sons are notable by their absence. For example, the document states, “In the early days of the demonstrations, GADDAFI transmitted orders through his Secretariat to “discipline” civilians, by killing them and destroying their property, who had openly rebelled against the regime. Further, AL‐SENUSSI, upon GADDAFI’s instructions, directed and coordinated the operation of the Security Forces in Benghazi and expressly ordered the shooting at civilians. Demonstrators were attacked by members of the Security Forces who opened machine gun fire on them in different areas of the city, such as the Juliyana bridge and Jamal Abdun Naser Street.” The sources for these alleged transmissions and subsequent attacks are not provided. Further, the report uses vague generalisations concerning the history of Libya in an attempt to bolster its case. “Direct evidence of the plan to use extreme and lethal violence is corroborated by the scale, scope and duration of the attacks; the pattern of the attacks in various cities; the speeches and statements of GADDAFI, SAIF AL‐ISLAM and AL‐SENUSSI; the history of the regime’s response to any political opposition within Libya; and the complete authority exercised by GADDAFI and his subordinates over all important security decisions.” Again, the “direct evidence” is not sourced, while appealing to a state’s prior human rights record is not proof by any measure of the current crimes of which they stand accused.

The report continues, stating, “On 20 February, SAIF AL‐ISLAM spoke on Libyan state television, refusing to recognize the Libyans’ demands, blaming the unrest on “foreign agents” and threatening the country with a “civil warʺ “worse than Iraq and worse than in Yugoslavia” that would cause “thousands of deaths”. No mention is made of the presence of the SAS and CIA in the country prior to this point, validating the claim that “foreign agents” were in fact involved in the unrest. Nor does the report concede the rather obvious point that a “civil war” cannot by definition be waged without more than one party, thus implicating forces backed by foreign powers in the “thousands of deaths” that Saif Al-Islam hinted might follow.

The document again makes the claim that Gaddafi opened fire on peaceful protestors without providing any sources for this claim, stating, “During that night, massive demonstrations against GADDAFI took place in different areas of Tripoli after the sunset prayers. GADDAFIʹs Security Forces opened fire as soon as they met groups of peaceful demonstrators that were walking towards the Green Square. Similar incidents were replicated throughout the day mainly in the areas of the Green Square and city center, Mojam’a Al‐Mahakem Court compound and Al‐Dribi. The protesters set on fire government buildings, including the General People’s Congress, and at least one police station and one ministry.” The report provides no video, photographic or any other evidence for these assertions. Perhaps the following point is intended to provide such evidence: “On 22 February GADDAFI spoke on State television from his headquarters in Bab Al‐Azizia, Tripoli. He refused to acknowledge any legitimacy of the demonstrators’ demands and did not regret the crimes committed by his Security Forces. On the contrary, GADDAFI called the protesters ʺratsʺ, “garbage” and “mercenaries” and threatened “to clean Libya inch by inch, house by house, small street by small street, individual by individual, corner by corner until the country is clean from all garbage and dirt”.” Clearly, threatening such actions is not proof by any measure that such actions were indeed carried out – if that were the case, one must present a prosecution for war crimes against the State of Israel, since shortly before Operation Cast Lead the deputy defence minister Matan Vilnai threatened a “shoah”. The slaughter that followed proved that this was no empty threat – yet the ICC has made no effort to present a case for prosection against Israel for the killing of Gazan civilians, which included over 300 children in the death toll.

The report continues with more unsupported assertions, stating, “On 25 February, Friday, one week after the beginning of the attacks and a day of prayer for the Muslim community, GADDAFI issued further instructions to attack civilians. He learned that demonstrations were scheduled that day after the prayers and instructed the deployment of Security Forces throughout the city. Snipers strategically placed awaited the crowds to leave the mosques. Multiple sources describe how civilians were shot at throughout the city when they were pouring from the mosques after the prayers. On this day alone GADDAFI’s forces killed up to one‐hundred civilians in Tripoli in the areas of Green Square, Souq al‐Jomaa, Arada, Zawyet al dahmani, Tajoura and Fashloom, among others.” Despite refering to “multiple sources” not a single one of these is cited.

The document then continues. “In sum, the evidence demonstrates that GADDAFI conceived a plan to quell the popular demonstrations of February 2011 by all means, including through the use of extreme and lethal violence.” Unfortunately, as appears to be self-evident from the frequent unsourced assertions combined with the proliferation of redactions throughout the document, it is perhaps fair to conclude that there is very little evidence to demonstrate the central claims of the International Criminal Court’s prosecution against Colonel Gaddafi and his sons. This is perhaps best highlighted on page 17 of the document:

E. SUMMARY OF THE EVIDENCE AND OTHER INFORMATION ESTABLISHING REASONABLE GROUNDS TO BELIEVE THAT MUAMMAR MOHAMMED ABU MINYAR GADDAFI, SAIF ALISLAM GADDAFI AND ABDULLAH AL‐SENUSSI COMMITTED CRIMES WITHIN THE JURISDICTION OF THE COURT PURSUANT TO ARTICLE 58(2)(d) OF THE ROME STATUTE

1. REDACTED
2. REDACTED
3. REDACTED
4. REDACTED
5. REDACTED
6. REDACTED

Following on from this I emailed the ICC once again:

Many thanks – it would seem that the evidence is flimsy and circumstantial at best (that is, the evidence that hasn’t been redacted) – most of the key claims (use of snipers against civilians etc) appear to be completely lacking sources. Will a version of this be released for public consumption without the redactions?

Can you respond to my second point with regards to prosecuting NATO forces for civilian deaths/attacks on hospitals and civilian infrastructure and the repeated use of depleted uranium? Also, is a case going to be brought against Israel for the recent killing of protestors as well as the attack on the humanitarian ship Spirit of Rachel Corrie in international waters?

The evidence for these crimes against humanity is certainly overwhelming in comparison to the evidence provided by the ICC in their case against Gaddafi, yet the ICC has remained steadfastly silent when it comes to the crimes committed by NATO and Israeli forces, both recent and historical. The crimes of which Gaddafi and his sons are accused by the ICC may indeed have occurred, although the paucity of evidence provided – at least, in the redacted public version cited above – seems to cast some doubts on this. No conclusive video or photographic evidence has been provided by either the ICC or the mainstream media who have made similar accusations. If it existed, there is little doubt that it would have been broadcast to the world constantly across the news channels.

Contrast this with the strong evidence of war crimes committed by Western powers such as the US, UK and Israel, and the corresponding absence of prosecutions against these nations by the ICC, and it seems fair to conclude that the institution has a conception of justice which appears to be one-sided at best.

May 17, 2011 - Posted by | Deception, Mainstream Media, Warmongering

11 Comments »

  1. My friend:
    You’re right, but this is the world of the absurd.
    “Direct evidence”?
    I find it quite difficult, if not impossible.
    But in the world in were, “in order to protect civilians” we “have to kill civilians”…..mmmm
    all is possible !!!!

    Comment by Autonomik Mind | May 17, 2011 | Reply

  2. So please, let me know more about your efforts.

    Comment by Autonomik Mind | May 17, 2011 | Reply

  3. Some questions to the author of the posted article:

    1. Would you publish to the public a UN-redacted complaint PRIOR to have the request for an arrest-warrant having been handled?

    2. What the public gets are indeed press-releases, not the actual documents or copies of them! Do you expect to recevie the actual documents?

    3. As to the state of Israel and its atrocities… Did any state file a complaint against the state of Israel in relation to the the atrocities committed by the state of Israel? I have been unable to find any!
    (mind you, the ICC is NOT a court that every individual can go to and file a complaint, or bring a case before judges. The ICC is a state-filing institution, meaning that only states can file complaints, and also the Prosecutor can ask the court to deal with cases, and then only states that acknowledge the ICC. The state of Israel does NOT acknowledges the ICC, nor does the USA, so when a state files a complaint, the state of Israel can (and probably will) ignore the whole matter, even claiming that the matter of atrocities by the IDF etc. is not within the jurisdiction of the ICC!
    When the Prosecutor would be convinced of claims of atrocities he could(!) ask the ICC to take the matter up, BUT even then, with Israel not acknowledging the ICC, a case before the ICC would be symbolic only, as would a case before any other international court, as Israel does not acknowledges ANY international court! In my opinion every state being a member of the UN should acknowledge the judicial institutions of the UN automatically, or has its membership suspended or even withdrawn! In my feeling there should not be the option of opting out of the world community judging what a country does!
    But then, that’s just my opinion

    Comment by masteradrian | May 17, 2011 | Reply

  4. I hate to be the bearer of bad news, but Luis Ocampo is another illuminati stooge of the Rothschilds. the only time he whips out his prosecutorial pen is to do what his masters in Tel Aviv tell him to do, or the Rothschilds in London.

    he ignored decades of abuses by the Bush and Clinton monarchs, in the form of war criminality.

    what makes you think times are changed?

    Moammar Khadaffi is being targeted for other reasons than human rights violations and beng another despotic dictator ruler.

    based on that being the criteria for prosecution by the I.C.C., I think our Noballs Pieces Prize winner, O’Soetoro, would have been indicted for DRONE MURDERS along time ago.

    but he has not. and hence this Khadaffi thing should’t get your e-mail hopes up, as Ocampo is a puppet and stooge and totally a tool of the banksters and is not going to prosecute the hands that feed him his dosh.

    get real. wake up. Ocampo is a fake.

    Comment by OCAMPO A FRAUD AS IS THE I.C.C. FAKERY | May 17, 2011 | Reply

    • Well, well, that is a statement!
      Do you have proof of hat illuminati stooge of the Rothschild accusation? If so, I would ask (even demand) for publication of such proof! Accusing someone of such things is (in my opinion!) to be substantiated with actual and indisputable proof! If you can not substantiate your accusation I think you should retract the accusation, as well as apologize to everyone on here, for accusing someone without proof.
      As far as I know Luis Ocampo he is not a stooge of the Rotschilds nor of Israel, do see his record of accusations and stands!

      As far as Bush and Clinton are concerned.. are you aware on how the ICC works? The prosecutor does not start an investigation on his own in initiative, he must receive a request and or an instruction to do so….. Were there requests for an investigation into Bush and Clinton actions? And then…. the ICC is an UN section, and it is the UN-Security Council that instructs the prosecutor to start investigating. If Obama did not ask the UNSC to instruct the ICC to start an investigation (and why should / how could he? America does not recognize the ICC!) and no one does ask the Un-SC to do it, then the prosecutor doesn’t start one…..

      BTW, as long as you are unable to discuss matters without name-calling and or discrediting organizations I think further discussion.

      Comment by masteradrian | May 26, 2011 | Reply

      • sounds like you drank some Kool-Aid there, sport and have no clue how the world is wired, and coming to O’Compost’s defense is like going to the Nuremberg War Trials and going to Joseph Goebbels defense, or for that matter, in your own right not showing one proof or shred of evidence to support your ridiculous claim that O’Compost is NOT an illuminati stooge of the Rothschilds bankster slime.

        Virtually everything in the eyes of the world is run by Rothschilds bankers, there are no courts with any more legitimacy than kangaroo courts have during pioneer days in western U.S. cities.

        O’Compost hides behind the Rome Accord like his mommy’s apron. He has shirked his responsibility to prosecute serious and heinous war criminality at virtually every turn of the page in the disgustingly pathetic history of the I.C.C.

        this turd has a lot of audacity to prosecute guys like Milosevic or Radic for what ostensibly has been proven to be yet one more Rothschilds ‘kill the muslims’ using U.S. military might, purging of people of muslim faith.

        how dare you accuse me of misrepresenting this asshole? Either you are delusional, or you have not been paying attention for the past twenty years, but Luis O’Compost is just another Rothschilds Illuminati facade for more hubris and more obfuscation of war criminality, not the prosecution of such.

        and you know it. Wake up! This is not a joke, these scum really do control it all and to try to say otherwise is just not going to gain any traction in a whole world full of evidence to the contrary.

        Comment by Get Real, masteradrian, wipe the MERDE out of your eyes!!! | June 28, 2011 | Reply

  5. It appears that the following sentence might shed some light on this issue:

    Direct evidence of the plan to use extreme and lethal violence is corroborated by the scale, scope and duration of the attacks; the pattern of the attacks in various cities; the speeches and statements of
    GADDAFI, SAIF AL‐ISLAM and AL‐SENUSSI; the history of the regime’s response
    to any political opposition within Libya; and the complete authority exercised by
    GADDAFI and his subordinates over all important security decisions.

    Do you not find the ICC’s reasoning logical, here? Given the shear size and duration of the attacks would point to only one person, since (as far as I understand the situation) there was only one body to possess such capabilities: the national forces of Gaddafi.

    Who else?

    If you enter a forest where all of the trees have been cut down and only one lumberjack was working at the time, wouldn’t it be reasonable to assume that the one lumberjack cut them down?

    Comment by alex | June 27, 2011 | Reply

    • “Direct evidence of the plan to use extreme and lethal violence is corroborated by the scale, scope and duration of the attacks; the pattern of the attacks in various cities”

      Please be more specific.

      The allegations that were made at the time were shown to be false as per Russian satellite monitoring, while Gates admitted that the pentagon had no evidence of the claimed aerial attacks. Meanwhile, the widely reported “Black African mercenaries” have proven to be imaginary.

      Comment by aletho | June 27, 2011 | Reply

      • the only thing that’s not ‘imaginary’ in the world is the death and destruction wrought by the U.S. and the other henchmen of Israel, aka BRITAIN and FRANCE, who never met a brown muslim child or african child they didn’t like roasting with either WHITE PHOSPHOROUS or the shrapnel that comes either from a cluster bomb, or from a hellfire antitank missile fired by a drone.

        anytime the military industrial complex or the Carlyle Group Grope, aka Thiessen/Krupp, aka zionist jewish Rothschilds consortium of death, need to make more profit, they just label some third world country a threat to them, and then hastily run thru half baked U.N. Security Council sprinklings of holy water on military force use, and ‘voilla’, you get INSTANT PROFIT BOOST in the U.S.S.A. and Great Britain (BAE and Lockheed Martin/Boeing/Grumman, et-al). Get assholes like Colon Blow Powell to stand up in front of the U.N. with very fake weapons off mass deception, and or Tony Blair speeches about existential threats to Catholicism or the Anglican Church by those damned MUSLIMS again, and once again, you get almost immediate NATO AIR STRIKES!

        shit at this rate you can almost predict the litany of death, in it’s infancy it comes due from some country who wants to use other than the dollar for oil or gas transactions, or their bank wants to not allow the IMF to dictate terms to it for more debt than it wants to hang on it’s citizenry, and next that same country is harboring a death start under an aspirin factory or a baby formula plant.

        it would be laughable if it weren’t so predictably simplistically stupid and utterly lacking any true imagination in the concocted pretenses for wars. sixty or more years ago, you had to actually be goaded or lured into an act of retaliation against an embargo by the U.S. and Britain and have false accusations hurled at you about IMPERIALISM, but today, all it takes is to piss off Hillary Clinton and or Robert Gates, and next thing you know, you have cruise missiles and cluster bombs and White Phosphorous being used on your capitol city, just like Moammar Khadaffi has going on now.

        Who’s next? Legitimate question, is it not? At some point, once it’s clear that the Libyan campaign was based solely on lies and bullshit like the other wars that Britain, France, and the U.S. have started recently, who will stand up and tell NATO that ‘no’ it cannot just arbitrarily invade and attack other nations even if it gets the puppet Ban Ki Moon at the United Nations to sign the business deal for the murders? Hell, at this rate of fast track warmongering, doesn’t anyone for a second think that at some stage of the game, these assholes in the U.S. and Britain and France, and even Israel, who start these wars, won’t even bother with the oh so transparent and unjust lies they typically use before an aerial bombardment and mass murder of innocent lives begins?

        Why bother, if nobody is going to do anything about it. Why bother if this dorkus named Luis O’Campo has to have a caligraphed hand written invitation by Jesus H. Christ to do a war crimes trial or an indictment for wrongly and unjustly fomented acts of war?

        Doesn’t anyone wonder who’s next, and if it’ll be done without any attempt to even lie about why in the first place? C’mon, someone give me a hand here. Who is next?

        Comment by WHO IS NEXT? | June 29, 2011 | Reply

        • Who’s Next,

          Great commentary. However I should point out that the meme about “currency of transaction” is baseless, it’s a type of disinformation sometimes referred to as “wrong footing”. It’s a red herring.

          The real problems for the bankster class arise from longer term investment that does not fall under their control. They want the petrodollars either spent on imports from their corporations or put into long term deposit in their institutions. They could not care less about currency of transaction, especially in the current era of instantaneous electronic exchange. It’s what happens to the proceeds of sales that matters, even the reserve status of the dollar has very little importance for their schemes. We should be aware that they are quite adaptable and may not be at all averse to the destruction of the dollar or making money in euros or what have you.

          Comment by aletho | June 29, 2011 | Reply

          • maybe my statement was misunderstood. I think that it’s irrelevant whether the dollar is the reserve currency or the drachma is, far as I can see, because in the computer, the exchange rate gets shifted and it doesn’t matter if the exchange currency being used globally are ant gonads, truthfully.

            my point is that the end goal is simply this: destroy all global national sovereignty in every way, and force one global currency, based in one IMF bank (rothschilds) and usher in one world government. then monopolize food control so the proletariat or plebe class moron has no choice but to buy from ‘the company store’ as I call it. ultimately, everything merges into one huge corporation, feeding one huge pot of Rothschilds money holding.

            the end game is not solely the destruction of the dollar, Aletho, as you are already aware (preaching to the choir) but the ‘end’ game is to reduce everything and everyone’s country to the lowest common denominator, creating essentially a global slave force, even prison labor, as is the case in the U.S. with Dept. of Defense using prisoners to build components such as hard disks and other electronics for weapons packages.

            eventually you have the world populations so impoverished that they have one of two choices:

            a.) starve to death because once full fascism sinks in, only those who suck the protuberances of the illuminati will get food and shelter, and the rest will get nothing.

            b.) become a compliant little serf and do what you’re told and eat your gruel and make no waves or the big hammer of Big Brother will smite thee and turn thee into a soylent green wafer perhaps.

            in order for this NWO scheme to fully work, there can be not one outsider nation that is not playing by Rothschilds rules, or IMF rules, whatever you prefer.

            not to sound petty, but I do believe the zionists fully believe their propaganda that is epitomized in The Protocols of the Elders of Zion. They think they are indeed the master race, and that all other non zionist jews, or ‘goyim’ are chattel to be used as such, and if necessary, slaughtered if need be to maintain the global governance of one huge corporation under one massive IMF/Rothschilds bank. they think they are the master race, and that the rest of us are too stupid or ignorant and poorly educated to see the plan.

            they think they are masters of the universe. a ‘master race’ that is fully destined to rule over all of the rest of us.

            I recently asked a zionist jew, a khazarian jew, what he thought of these ‘protocols’, after having referenced them. He had no problems with the protocols themselves, only the authenticity of the author’s name perhaps. In other words, he felt that the tenets therein were valid and achievable, and in-fact, rather desirable.

            if this is indeed the case with zionist jews, that they feel it’s fine to do whatever it takes to enslave all non jews, or goyim in such a manner and fashion, then the only question I would have for you or anyone else to answer for me is simply this one:

            “when the earth is rendered fully destroyed by radiation, and other pre-planned disasters to enable the New World Order that George H.W. Bush spole of on Sept 11, 1991, and everyone has been converted to a simple ‘serf’ in the new order, and every bit of wealth is concentrated in the upper one percentile, strictly in the hands of zionist jews, most adroitly the Rotshchilds and the J.P. Morgan’s and the Rockefellers, and their ilk, then what quality of life will there be for them, having more or less destroyed the entire ecosystem and undone every last vestige of sovereignty of any nation or people?

            Is there a booby prize somewhere, a kewpie doll maybe, they earn at the carnival?

            at what cost the New World Order and the enslavement of all goyim, Aletho?

            at what cost? and is that price truly the one these zionist jews want to pay for absolute control over everything and everyone?

            at what cost?

            Comment by AT WHAT COST, ALETHO? | June 29, 2011 | Reply


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