Prosecutor v. Al-Tuhamy Mohamed Khaled

Relevant Sections:

Art. 7(1)(e); Art.7(1)(f); Art. 7(1)(h); Art. 7(1)(k); Art. 8((2)(c)(i); Art. 8(2)(c)(ii); Article 25(3)(a); Art. 25(3)(d); Art. 28(b).


Charges:

Though the claims included sexual violence, it is unclear the specific charge through which sexual violence was recognised. The following are all the charges against Al- Tuhamy:

▪ Imprisonment as a crime against humanity

▪ Torture as a crime against humanity and war crime

▪ Persecution as a crime against humanity

▪ Inhumane Acts as a crime against humanity

▪ Cruel treatment as a crime against humanity

▪ Outrages against personal dignity as a war crime.


Facts:

▪ Al-Tuhamy is the alleged former Lieutenant General of the Libyan Army and former Head of the Libyan Internal Security Agency. He allegedly was authorised to implement orders issued by Gaddafi. This is the first case including sexual violence about the situation in Libya.

▪ Those who opposed the Gaddafi regime are alleged to have been arrested, detained, subject to mistreatment including “severe beatings, electrocution, acts of sexual violence and rape, solitary confinement, deprivation of food and water, inhumane conditions of detention, mock executions, threats of killing and rape”. According to the Pre-Trial Chamber I, there is reasonable ground to believe that these acts were carried out during a non-international armed conflict between government and rebel forces in 2011.

Verdict:

▪ The pre-trial chamber I in 2013 issued an arrest warrant since it found reasonable grounds to believe that Al-Tuhamy bears criminal responsibility for (i) his participation or contribution to the commission of the crimes and (ii) as a superior, for the commission of the crimes by his subordinates under his effective authority and control.

▪ Khaled still remains at large.


Notable Points:

▪ In this case, though acts of sexual violence were recognised, It is unclear from the Arrest Warrant which specific charges are inclusive of acts of sexual violence and rape.


Status:

▪ Arrest Warrant Issued by Pre-Trial Chamber I. Execution of the Warrant is still pending.


Read the full judgment here.