On 26 February 2011, the UN Security Council unanimously adopted resolution 1970, referring the situation in Libya since 15 February 2011 to the Prosecutor of the International Criminal Court.
This report is clearly in line with the resolution which states that “the widespread and systematic attacks currently taking place in the Libyan Arab Jamahiriya against the civilian population may amount to crimes against humanity”.
Extracts from the report of the Prosecutor
1. On 26 February 2011 the United Nations Security Council unanimously adopted Resolution 1970 (2011), referring the situation in Libya since 15 February 2011 to the Prosecutor of the International Criminal court.
2. Paragraph 7 of the Resolution invites the Prosecutor to address the Security Council within two months of the adoption of this resolution and every six months thereafter on actions taken pursuant to this resolution. This report provides a summary of the activities of the Office of the Prosecutor undertaken to implement Resolution 1970 (2011), including:
a. The process of preliminary examination conducted by the Office of the Prosecutor in order to assess the jurisdiction of the International Criminal Court;
b. The ongoing investigation; and
c. The anticipated next judicial activities.
15. The Rome Statute limits the Court’s jurisdiction to the most serious crimes of concern to the international community as a whole and requires the Office to take into account the gravity of the crimes when deciding on the initiation of investigations.
16. In referring the situation in Libya to the ICC, the UN Security Council has highlighted the gravity of the situation. It clearly meets the threshold of gravity required by the ICC Statute, taking into account all relevant criteria.
1.4 Interests of justice
21. As required by the Statute, the Prosecutor has determined that, at the time of initiating the investigation, there were no substantial reasons to believe that the investigation would not serve the interests of justice.
1.5 The decision to open an investigation
22. After thorough consideration of factors listed in items 1.1 to 1.4 above, and on the basis of the information evaluated and analyzed, on 3 March 2011, the Prosecutor determined that the statutory criteria for the opening of an investigation into the situation in Libya since 15 February 2011 has been met.
Reports and treaties