The Gaddafi Family Files A War Crimes Complaint Against NATO

Agence France-Presse
October 26, 2011

”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…”Kadhafi’s homicide shows that the goal of (NATO) member states was not to protect civilians but to overthrow the regime.”

Muammer Gadhafi’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 Wednesday.

The 69-year-old 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-Gadhafi vehicles driving in a convoy from the city.

Marcel Ceccaldi, a French lawyer who previously worked for Gadhafi’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.

“Gadhafi’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.

International outrage has grown over how Gadhafi met his end.

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