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）

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. FACTS
Res. 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. FACTS
Under 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. FACTS
Sideline:
 30March: Takahiro appears
on the local Cable News
program to comment on the
case as an ICC expert

5. FACTS
Res. 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. FACTS
Under 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. PERVERSIONS
Six 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. SUSPICIONS
Was 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. QUESTIONS
I. General Implications
 What are general implications of the
wrong or mis-implementation of R2P's
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. QUESTIONS
II. 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. QUESTIONS
III. 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 CICC's assessment of its impact
on the ongoing cases and its legitimacy?

12. QUESTIONS
THAT’S ALL!
Thank you.