Gaddafi family to file NATO war crimes complaint

Muammar Gaddafi`s family plans to file a war crimes complaint against NATO with the International Criminal Court (ICC) for the alliance`s alleged role in his death.

Updated: Oct 26, 2011, 17:37 PM IST

Paris: Muammar Gaddafi`s family plans to
file a war crimes complaint against NATO with the
International Criminal Court (ICC) for the alliance`s alleged
role in his death, the family`s lawyer said on Wednesday.

The 69-year-old ex-strongman was captured and killed
Thursday near the city of Sirte in circumstances that are
still unclear, but it has been confirmed NATO aircraft fired
on pro-Gaddafi vehicles driving in a convoy from the city.

Marcel Ceccaldi, a French lawyer who previously worked
for Gaddafi`s regime and now represents his family, told AFP
that a complaint would be filed with the Hague-based ICC
because NATO`s attack on the convoy led directly to his death.

"The wilful killing (of someone protected by the
Geneva Convention) is defined as a war crime by Article 8 of
the ICC`s Rome Statute," he said.

He said he could not yet say when the complaint would
be filed, but said it would target both NATO executive bodies
and the leaders of alliance member states.

"Gaddafi`s homicide shows that the goal of (NATO)
member states was not to protect civilians but to overthrow
the regime," Ceccaldi said.

"Either the ICC intervenes as an independent and
impartial jurisdiction or it doesn`t, in which case force will
overrule the law," he said.

Libya`s ruling National Transitional Council has
announced an investigation into Gaddafi`s death.

International disquiet has grown over how Gaddafi met
his end after NTC fighters hauled him out of a culvert where
he was hiding following NATO air strikes on the convoy in
which he had been trying to flee his falling hometown.

The ICC in June issued arrest warrants for Gaddafi,
his most prominent son Seif al-Islam and the former regime`s
intelligence chief Abdullah al-Senussi, for "crimes against
humanity" committed by troops under their orders, using
"lethal force" to quell the uprising against his regime.

Local officials said Tuesday that Seif and Senussi,
who have so far evaded capture, were poised to cross into
Niger where they were expected to seek refuge along with other
former regime officials.

PTI