International judges issued a war crimes arrest warrant Tuesday against a senior Libyan military commander, suspected of involvement in the deaths of 33 people in the war-torn city of Benghazi.

"The International Criminal Court has issued a warrant of arrest for Mahmoud Mustafa Busayf Al-Werfalli, allegedly responsible for murder as a war crime in the context of the non-international armed conflict in Libya," the Hague-based tribunal said in a statement.

Al-Werfalli, born in 1978, is a senior commander in the Al-Saiqa brigade, an elite unit which defected from the Libyan National Army after the uprising against longtime dictator Moamer Kadhafi in 2011.

He joined the brigade after Kadhafi's fall and has "played a commanding role since at least 2015," the ICC's judges said in the arrest warrant.

Since then, the brigade has been battling alongside forces loyal to Libyan strongman Khalifa Haftar in Benghazi, Libya's second-largest city, which has recently been liberated after a three-year campaign against jihadist groups.

Al-Werfalli is accused of involvement in at least seven incidents in 2016 and 2017 in which he allegedly personally shot or ordered the execution of people who were either civilians or injured fighters.

"There is no information in the evidence to show that they have been afforded a trial by a legitimate court, whether military or otherwise, that would comport to any recognised standard of due process," the ICC's judges said.

The evidence included video footage purportedly showing Al-Werfalli shooting a hooded and unarmed person and afterwards telling the dead body: "You have been misled by he who did you harm. You have been misled by Satan."

In another incident, Al-Werfalli is allegedly seen in video footage reading from a document before personally commanding a firing squad which then shoots 15 people wearing orange jumpsuits and black hoods, the ICC's judges said.

"After reading the document Mr Al-Werfalli says...'Ready! Aim! Fire!," the judges said, after which the executioners shoot the prisoners in three groups of five.

Al-Werfalli and two other men then allegedly personally execute three people, before he orders the execution of yet another two others.

"The video depicting the incident, involving a total 20 executed persons, was posted on social media on 23 July 2017," the judges said.

The ICC's chief prosecutor Fatou Bensouda called on Libyan authorities to arrest and hand over Al-Werfalli to ensure his surrender to the ICC "without delay".

"Such egregious crimes, including the cruel and dehumanising manner by which they were perpetrated against helpless victims, must be stopped," Bensouda said.

But Tuesday's announcement comes as the court is still in a legal tug-of-war with Libyan authorities to transfer Kadhafi's son Seif al-Islam to The Hague.

The ICC and Libyan authorities are disputing who has the right to judge him.

Seif faces crimes against humanity charges for his own role in the Kadhafi regime's brutal attempts to put down the 2011 uprising which eventually toppled his father.

The Kadhafi heir's exact whereabouts are unknown, following a claim in June by a Zintan-based militia that it had freed Seif under an amnesty law promulgated by the parliament based in Libya's east.

The ICC, set up to investigate and prosecute the world's worst crimes, opened its probe into Libya in March 2011 to investigate atrocities committed during the uprising against Kadhafi, which erupted a month earlier.

The investigation comes after the UN Security Council referred the matter to the ICC.

Libya was then still under the iron-fisted rule of Kadhafi, who was killed a few months later by rebels in the NATO-backed uprising.

Political rivalries and fighting between militias have hampered Libya's efforts to recover from the chaos that followed the uprising in the oil-rich country. </s> THE HAGUE (Reuters) - Judges at the International Criminal Court (ICC) on Tuesday issued an arrest warrant for a Libyan National Army (LNA)commander accused over the alleged execution of dozens of prisoners.

Prosecutors at the world’s permanent war crimes court are seeking Mahmoud al-Werfalli’s hand-over to face charges of murder during the armed conflict in Libya.

According to the ICC, Werfalli “is alleged to have directly committed and to have ordered the commission of murder as a war crime” during seven incidents, involving 33 persons in June and July 2017 in and near Benghazi.

The LNA, which controls the eastern part of Libya, has been pushing to expand its presence in the central and southern part of the country where it has been vying for control with forces linked to the U.N.-backed government in Tripoli and other groups.

The United Nations called for the LNA to suspend Werfalli after a video in March allegedly showed Werfalli shooting dead three men who were kneeling and facing a wall with their hands tied behind their backs.

The LNA said it would investigate any potential war crimes but has not released any details of such a probe.

In June, two further videos appeared to show summary executions carried out by LNA fighters on his orders.

The ICC has jurisdiction over war crimes in Libya after a referral by the United Nations Security Council in 2011 and has been investigating alleged atrocities there. </s> Mahmoud al-Werfalli 'allegedly responsible for murder as a war crime' in the deaths of 33 people in eastern Libya.

The International Criminal Court has issued an arrest warrant for a senior Libyan military commander allied with Khalifa Haftar suspected of involvement in the deaths of 33 people in the eastern city of Benghazi.

Haftar is the controversial chief of the self-styled Libyan National Army (LNA), which now controls key Libyan oil ports.

Libya descended into chaos following the 2011 civil war that toppled and killed longtime ruler Muammar Gaddafi, and the country is now split between rival governments and militias.

The document by the Hague-based tribunal, seen by Al Jazeera on Tuesday, says: "Mahmoud Mustafa Busayf Al-Werfalli [is] allegedly responsible for murder as a war crime in the context of the non-international armed conflict in Libya."

READ MORE: Libya mired in culture of impunity

The murders were committed "in seven incidents, taking place from on or before 3 June 2016 until on or about 17 July 2017, in Benghazi or surrounding areas", the warrant said.

Werfalli allegedly personally shot or ordered the execution of people who were either civilians or injured fighters.

"There is no information in the evidence to show that they have been afforded a trial by a legitimate court, whether military or otherwise, that would comport to any recognised standard of due process," the ICC's judges said.

The charges are backed up by recordings of witness interviews, video material and other evidence, the warrant said.

One video footage purportedly shows Werfalli shooting a hooded and unarmed person and afterwards telling the dead body: "You have been misled by he who did you harm. You have been misled by Satan."

In another incident, Werfalli is allegedly seen in video footage reading from a document before personally commanding a firing squad which then shoots 15 people wearing orange jumpsuits and black hoods, the ICC's judges said.

"After reading the document Mr Al-Werfalli says ...'Ready! Aim! Fire!," the judges said, after which the executioners shoot the prisoners in three groups of five.

Al-Werfalli and two other men then allegedly personally execute three people, before he orders the execution of yet another two others.

"The video depicting the incident, involving a total 20 executed persons, was posted on social media on 23 July 2017," the judges said.

Fatou Bensouda, ICC's chief prosecutor, called on Libyan authorities to arrest and hand over Werfalli to ensure his surrender to the ICC "without delay".

"Such egregious crimes, including the cruel and dehumanising manner by which they were perpetrated against helpless victims, must be stopped," she said.

In a statement, Heba Morayef, director of Amnesty International's North Africa Research, said the ICC's decision was "a significant step towards ending the rampant impunity for war crimes in Libya".

"The Libyan authorities must urgently comply with this arrest warrant and hand [Werfalli] over to the ICC to face his accusers in a fair trial," she said.

"This warrant sends a clear message that those who commit or order horrendous crimes are not above the law and will not go unpunished."

Werfalli, born in 1978, is a senior commander in the Saiqa Brigade, which defected from the Libyan armed forces after the 2011 uprising against Gaddafi.

He joined the Saiqa Brigade after Gaddafi's fall and has "played a commanding role since at least 2015", the ICC's judges said in the arrest warrant.

Since then, the Saiqa Brigade has been battling alongside forces loyal to Haftar in Benghazi.

Haftar is a dominant figure for factions in eastern Libya that have rejected the UN-recognised Government of National Accord (GNA), contributing to its failure to expand its power in the capital, Tripoli, and beyond.

Libya's eastern-based parliament, the House of Representatives, is rivals to the GNA and allied with Haftar. </s> An Islamist militant suspected of committing war crimes in Mali is due to appear before the International Criminal Court (ICC) in The Hague on Wednesday, three days after the Malian authorities handed him over into the court's custody last week.

The ICC indicted Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud for crimes allegedly committed when he served as the de-facto chief of religious police after his jihadist group seized control of Mali's capital Timbuktu in 2012.

Charges against him include the destruction of cultural monuments and enforcing policies that led to sexual enslavement of women and girls.

Prosecutors accuse him of being a member of Ansar Dine, one of several Islamist militant groups to have waged an insurgency against the government since 2012.

During his initial appearance, Al Hassan, 40, will be informed of the allegations outlined in his arrest warrant and the court will verify his identity. He is not yet required to enter a plea. </s> A Malian jihadist will make a first appearance Wednesday before the International Criminal Court on war crimes charges over the destruction of holy sites and sex slavery, the tribunal said.

Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud "will be informed of the charges against him" at the hearing, the Hague-based ICC said in a statement on Tuesday.

During the initial appearance, scheduled for 1300 GMT at the court's fortress-like headquarters, judges are to verify Al-Hassan's identity and the language in which he'll be able to follow procedures.

Al-Hassan, 40, was arrested over the weekend and handed over by Malian authorities. He arrived at the ICC's detention centre late Saturday.

He faces charges of war crimes and crimes against humanity over the destruction of the holy shrines of Timbuktu between 2012 and 2013 as well as accusations of rape and forced marriage.

Al-Hassan's arrest came four days after the court issued an international warrant for his capture.

Prosecutors allege that he "committed crimes against humanity and war crimes in Timbuktu, Mali, between April 2012 and January 2013."

A member of the Ansar Dine jihadist group, Al-Hassan was the "de facto chief of the Islamic police" in Timbuktu, the ICC said.

Hassan allegedly "participated in the policy of forced marriages which victimised the female inhabitants of Timbuktu and led to repeated rapes and the sexual enslavement of women and girls," the court added.

His detention "sends a strong message to all those, wherever they are, who commit crimes which shock the conscience of humanity that my office remains steadfast in the pursuit of its mandate," chief prosecutor Fatou Bensouda said shortly after his transfer to the ICC.

"The charges against him are representative of the criminality and resulting victimisation of the population during this period," Bensouda added.

Rights groups Tuesday hailed his arrest, with the International Federation for Human Rights calling it a "great relief" to victims.

"This is especially when the situation in the centre and north, including in Timbuktu, deteriorates with the resurgence of violence attributed to armed groups of terrorists," the victims' lawyer Moctar Mariko said.

Al-Hassan will be the second Islamic extremist to face trial at the ICC, following an earlier landmark ruling at the world's only permanent war crimes court.

War crimes judges in 2016 jailed another Malian who had pleaded guilty to demolishing Timbuktu's fabled shrines in 2012.

That was the court's first case to focus on cultural destruction as a war crime.

The ICC's judges found Ahmad al-Faqi al-Mahdi guilty of directing attacks on the UNESCO world heritage site during the jihadist takeover of northern Mali in 2012.

Mahdi was sentenced to nine years behind bars in September 2016 for his role in the razing of Timbuktu's holy shrines, built in the 15th and 16th centuries when the city was revered as a centre of Islamic learning.

For extremists however, its moderate form of Islam is seen as idolatrous.

Hassan, a member of the Tuareg tribe, however has been further charged with "persecution on both religious and gender grounds; rape and sexual slavery committed in the context of forced marriages; torture and other inhuman acts," the court said.

The ICC opened in 2002 to try the world's worst crimes in places where national courts are unable or unwilling to prosecute alleged perpetrators.

The landmark 2016 verdict by the ICC against Mahdi was the first arising out of the conflict in Mali, and the first time a jihadist had sat in the dock at the court. </s> The condemning of 15 people to death by the Specialized Criminal Court today after a grossly unfair trial is a travesty of justice and a serious violation of human rights, said Amnesty International.

The men were among 32 people arrested across Saudi Arabia in 2013 and 2014 who were accused of spying for Iran. Fifteen others were sentenced to prison terms ranging from six months to 25 years and two were acquitted.

The men were charged with a series of offences including “high treason” with some facing several other ludicrous charges which should not be considered criminal offences such as “supporting protests”, “spreading the Shi’a faith” and “possessing banned books and videos”.

“Sentencing 15 people to death after a farcical trial which flouted basic fair trial standards is a slap in the face for justice. Time and again, Saudi Arabia’s justice system has been proven to be incapable of ensuring fairness and justice,” said Samah Hadid, Deputy Director for Campaigns at Amnesty International’s Beirut regional office.

“The death penalty is cruel, inhuman and degrading in any circumstances but it is even more shocking when people are sentenced to death after blatantly unfair trials. These death sentences must be immediately quashed and the accused must either be re-tried in line with international standards without resorting to the death penalty, or released.”

Sentencing 15 people to death after a farcical trial which flouted basic fair trial standards is a slap in the face for justice Samah Hadid, Deputy Director for Campaigns at the Beirut Regional office

Those convicted were all Saudi Arabian nationals except for one Iranian national who was sentenced to four years in prison. An Afghan national was one of the two men acquitted.

According to Taha al-Hajji, one of the lawyers who represented most of the accused, all 32 men arrested were detained without an arrest warrant and held for almost three months in incommunicado detention where they were repeatedly interrogated without a lawyer, heightening the risk that they could face torture and other ill-treatment. In many cases they only discovered the reason for their arrest during their interrogations.

Some told the court that they were threatened with solitary confinement and that they would be banned from having any contact with their families if they did not sign “confession” documents. They said they were told that if they refused to sign these “confessions” that their families would be imprisoned and locked in cells next to them.

After almost three years in detention without charge or trial the defendants were suddenly brought before the Specialized Criminal Court in Riyadh -

Saudi Arabia’s secretive security and counter-terrorism court in February 2016. Most of them attended their first session without any lawyers and the rest met their lawyers briefly for the first time in court. Some of the defendants had to prepare their defence themselves.

“The entire legal proceedings in this case have made a mockery of justice. The fact that the men were held incommunicado for three months, denied access to a lawyer during the interrogations, and that the court failed to adequately investigate the men’s claims that they were coerced to ‘confess’ makes this little more than a sham trial,” said Samah Hadid.

The entire legal proceedings in this case have made a mockery of justice Samah Hadid, Deputy Director for Campaigns at the Beirut Regional office

While the General Prosecutor had almost three years to build the case against the 32 defendants, their lawyers were given less than a month to prepare their defence after the first hearing and were denied crucial information to enable them to prepare a proper case.

The lawyers complained saying they needed more time since it was a very complex case with 32 defendants involved, however, the request was ignored by the judge. They were initially denied access to court documents and key evidence relied upon for the convictions, including the forced “confessions” of the men.

During the first session in February 2016, the 32 defendants were handed a list of charges that was nearly 100 pages long. Most of the defendants were accused of offences such as “high treason” for either setting up or joining a spy cell or meeting with Iranian intelligence and sharing military and security information with them.

However, some of the other charges listed against the men are not recognizably criminal offences under international standards. These include “supporting protests”, “spreading the Shi’a faith” for example by setting up a Shi’a centre in Mecca, “possessing banned books and videos”, “inciting the public to break allegiance to the ruler and harm his reputation and the reputation of the royal family” among other charges.

One defendant, who is among those sentenced to death, even faced charges for possessing articles written by Mikhlif al-Shammari a prominent human rights defender and advocate for Saudi Arabia’s Shi’a Muslim community who was sentenced to prison and 200 lashes for his activism.

It is not the first time a Saudi Arabian court has issued death sentences after an unfair mass trial. On 1 June 2016, 14 Shi’a Muslim men were sentenced to death by the Specialized Criminal Court after a trial which relied on “confessions” extracted through torture for a series of offences including among other things, taking part in violent protests in the Eastern Provinces in 2012.

Trials before the Specialized Criminal Court are shrouded in secrecy. Given the opaque procedures at these courts, in some cases simply being brought to trial appears to be enough grounds for judges to find the accused guilty.

In a letter submitted to the Specialized Criminal Court at the second session several of the lawyers said they would boycott the trial in protest the manner in which the trial was being conducted including the fact that they were not allowed to visit their clients, view evidence and prepare their defence adequately. The lawyers also objected to the “media war” waged against the defendants. The Saudi Arabian authorities do not allow any critical or independent media to operate in the Kingdom. </s> AMSTERDAM (Reuters) - The prosecutor of the International Criminal Court on Sunday called for an end to violence in the Gaza Strip, adding the Palestinian territories were subject to a preliminary examination by her office and she was monitoring events there closely.

Following the deaths of 29 Palestinians in protest clashes with Israeli forces in the past two weeks, Fatou Bensouda said in a statement "any new alleged crime committed in the context of the situation in Palestine may be subjected to my Office's scrutiny".

 The ICC prosecutor opened a preliminary investigation into alleged crimes committed in occupied Palestinian territory, including East Jerusalem, in January 2015, after Palestine was officially admitted as a member of the court.

 Israel is not a member of the court but if Israeli citizens commit war crimes or crimes against humanity on the territory of a member state they could fall under the ICC's jurisdiction.

 "Violence against civilians - in a situation such as the one prevailing in Gaza – could constitute crimes ... as could the use of civilian presence for the purpose of shielding military activities," Bensouda said.

 Bensouda said she would record "any instance of incitement or resort to unlawful force" by either side in the conflict.

 A preliminary examination is the earliest phase of a case at the ICC. In it, the prosecutor gathers information and studies whether crimes may have been committed that reach the level of gravity required to open a formal investigation, and whether the court would have jurisdiction.

 The ICC only has jurisdiction in cases where a country's government is itself unable or unwilling to prosecute war crimes or crimes against humanity.

 

 (Reporting by Toby Sterling; Editing by Andrew Roche) </s> THE HAGUE (Reuters) - An Islamist militant suspected of committing war crimes in Mali is due to appear before the International Criminal Court (ICC) in The Hague on Wednesday, three days after the Malian authorities handed him over into the court's custody last week.

The ICC indicted Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud for crimes allegedly committed when he served as the de-facto chief of religious police after his jihadist group seized control of Mali's capital Timbuktu in 2012.

Charges against him include the destruction of cultural monuments and enforcing policies that led to sexual enslavement of women and girls.

Prosecutors accuse him of being a member of Ansar Dine, one of several Islamist militant groups to have waged an insurgency against the government since 2012.

During his initial appearance, Al Hassan, 40, will be informed of the allegations outlined in his arrest warrant and the court will verify his identity. He is not yet required to enter a plea.

Ansar Dine took over Timbuktu, known for its religious sites dating to its 14th century golden age. It was once a major trading hub and a center of Sufi Islam - a branch of the religion seen as idolatrous by some hardline Muslim groups.

The group enforced its version of Sharia law. Al Hassan had unveiled women thrown in jail and beaten and was also instrumental in enforcing forced marriages which led to rapes and sexual slavery, according to media reports.

Last year, the ICC sentenced war criminal Ahmad al-Faqi al-Mahdi to nine years in prison after he pleaded guilty to the destruction of cultural heritage sites in Mali. He is expected to appear as a witness against Al Hassan.

Victims' groups had been critical of the limited scope of Al-Mahdi's indictment, but Al Hassan's arrest and transfer was hailed as a new stage in Mali persecutions.

"We are satisfied that the court listened to us and widened the scope of prosecutions in the Mali case to include crimes against persons and especially sexual and gender-based crimes," Moctar Mariko, a Malian human rights activist, said in a statement. </s> AMSTERDAM (Reuters) - The prosecutor of the International Criminal Court on Sunday called for an end to violence in the Gaza Strip, adding the Palestinian territories were subject to a preliminary examination by her office and she was monitoring events there closely.

Following the deaths of 29 Palestinians in protest clashes with Israeli forces in the past two weeks, Fatou Bensouda said in a statement “any new alleged crime committed in the context of the situation in Palestine may be subjected to my Office’s scrutiny”.

The ICC prosecutor opened a preliminary investigation into alleged crimes committed in occupied Palestinian territory, including East Jerusalem, in January 2015, after Palestine was officially admitted as a member of the court.

Israel is not a member of the court but if Israeli citizens commit war crimes or crimes against humanity on the territory of a member state they could fall under the ICC’s jurisdiction.

“Violence against civilians - in a situation such as the one prevailing in Gaza – could constitute crimes ... as could the use of civilian presence for the purpose of shielding military activities,” Bensouda said.

Bensouda said she would record “any instance of incitement or resort to unlawful force” by either side in the conflict.

A preliminary examination is the earliest phase of a case at the ICC. In it, the prosecutor gathers information and studies whether crimes may have been committed that reach the level of gravity required to open a formal investigation, and whether the court would have jurisdiction.

The ICC only has jurisdiction in cases where a country’s government is itself unable or unwilling to prosecute war crimes or crimes against humanity.
The International Criminal Court issues an arrest warrant against Mahmoud al-Werfalli for the war crime of murder following the circulation of several videos in which he appears to oversee the execution of over 30 prisoners.