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Navy Seal
![]() Join Date: Sep 2009
Location: Valhalla
Posts: 5,295
Downloads: 141
Uploads: 17
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Surely the consequences of a man murdering again and again has to be addressed, doesn't it? To say that we must keep his criminal acts to the last 20 years is ridiculous. What is the point of that. You don't think he is a criminal? He is a dictator, and has acted as such, countless times. He must be held accountable. For his crimes in the last 20 years. And beyond. It is our moral obligation. For were we to aid a person such as this to a holiday house somewhere in Africa or South Africa with freedom to move and do as he pleases, all the whilst chomping down on cigars and laughing at the weak moral fibres in the Western Culture's bones. Oh yea, good move that. In closing, here is an interview with Tim McCormack, an adviser to the prosecutor at the International Criminal Court in The Hague: MARK COLVIN: The UN vote comes on top of recently issued international warrants for the arrest of Colonel Gaddafi and his family. Tim McCormack is an adviser to the prosecutor at the International Criminal Court in The Hague. I asked him what the warrants meant. TIM MCCORMACK: It means that the prosecutor of the International Criminal Court has the authority to investigate alleged crimes occurring in Libya that come within the subject matter jurisdiction of the Court without Libya having consented as a state party to the Statute of the Court. MARK COLVIN: So in practice what does that mean? TIM MCCORMACK: Means that he can lay charges against any person in Libya from Muammar Gaddafi down through his senior political and military elite and ask the pre-trial chamber for approval to issue arrest warrants which would go out internationally for the arrest of any of those named individuals. MARK COLVIN: And for what sort of crimes? TIM MCCORMACK: For war crimes, crimes against humanity or acts of genocide. At this stage the prosecutor has announced that he believes there have been crimes against humanity and war crimes committed in Libya and they're the categories that he would be investigating. MARK COLVIN: Does there have to be a declared war for war crimes to be committed? I mean this is essentially a civil war at the moment, I suppose? TIM MCCORMACK: That's right. No, no declaration is required because the key element is that the crime occurred in the context of an armed conflict rather than a war and that terminology has been developed for 30 plus years to avoid any issues about whether or not we have a formal declaration at this state of war. So we talk about the law of armed conflict but we still use the language of war crimes which is a legacy from the past. MARK COLVIN: So what would be a war crime in this context? TIM MCCORMACK: The wilful targeting of civilians, indiscriminate attacks either from the air or by artillery which fail to distinguish between rebel forces, I'm talking about war crimes committed by Gaddafi's forces, indiscriminate attacks which fail to distinguish between rebel forces and the civilian population. MARK COLVIN: You're only talking about Gaddafi's forces? It's not possible that the rebel forces could have done the same thing? TIM MCCORMACK: Absolutely possible and the prosecutor has made it clear that in his investigation of the situation in Libya he keeps an open mind about who may or may not have been responsible. So of course if the rebel forces also targeted, or allegedly targeted civilians as well as Gaddafi's troops, then they would be liable for prosecution for the same war crime. MARK COLVIN: I suppose the precedent there is the Balkans war where you have prosecuted Serbian, Croatian and Bosnian war criminals. TIM MCCORMACK: And even Kosovar Albanians in fact. Yes, all sides of the conflict. MARK COLVIN: So however Slobodan Milosevic died in custody, these things seem to take a very long time. I'm still getting emails in my inbox pretty much every week from Africa about proceedings over the Rwandan massacres of 1994. It's a long time ago. I mean how much of a threat is it to the Gaddafi family to think that they may be put in jail you know, in 15, 20 years time? TIM MCCORMACK: I mean it's a very good question, Mark, and there is no contesting the fact that these trials do often take quite a long time. I think what the prosecutor really hopes is that by announcing his intention to investigate the situation in Libya that he's putting the Gaddafi and his senior leadership on notice; that what's happening there is being carefully scrutinised and may become the subject of applications for arrest warrants. In terms of the possibilities in time of arrests of Gaddafi and others who might be charged, I guess that all depends on how things unfold on the ground. If rebels are actually able to prevail now with this outside intervention and Gaddafi is actually loses power, he may be transferred to The Hague much more quickly than we've been accustomed to seeing in the past. Or, for example, in contrast with the president of Sudan, Omar al-Bashir, who was subject to an arrest warrant a long ago as March last year and is still at large and very much entrenched in power in Sudan. SOURCE OF INTERVIEW And more: Beyond the use of violence to intimidate Libyans, Gaddafi has been responsible for severely stunting Libya’s economy. His belligerence towards the West and stubborn refusal to extradite wanted terrorists earned his country years of UN economic sanctions. The United States’ response was to ban imports of Libyan oil, effectively removing the biggest market for Libya’s most valuable export from the equation. In the mid-1990s, Gaddafi expelled 30,000 Palestinians from Libya in a vengeful response to the Israel-Palestinian Leadership Organization peace talks. And now, in the last week as Libyans have risen against their autocrat, reports are coming in that peaceful protesters are being fired on by Gaddafi forces. Deaths are somewhere in the hundreds. So, it seems our man isn't that less of a crim after all. |
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