Tohami Mohamed Khaled (also known as al-Tuhamy Mohamed Khaled; Arabic : التهامي محمد خالد) [upper-alpha 1] (born c. 1942 or c. 1946 [upper-alpha 2] – 12 February 2021) was the head of the Internal Security Agency of Libya during the final years of the government of Muammar Gaddafi. He was indicted in the International Criminal Court in 2013 on charges of crimes against humanity and war crimes allegedly committed during the Libyan Civil War in 2011.
Khaled was born near Janzur, Libya in either 1942 [1] or 1946. [2] He served in the armed forces of Libya, in which he supported the 1969 Libyan coup d'état, then he obtained the rank of lieutenant general and was ultimately appointed to lead the Internal Security Agency ("ISA"), Gaddafi's secret police force, which he led during the outbreak of the Libyan Civil War in 2011. [2] During the civil war, the United States imposed sanctions against Khaled, which would have frozen any assets that he could have had in the United States. [1]
Following the defeat of Gaddafi's forces during the Libyan Civil War in 2011, Khaled was believed to have fled to Egypt. [2] The International Criminal Court stated that he is alleged to have had "at least 10 different passports, some issued under other identities." [2]
Tohami Khaled was indicted on 13 April 2013 on four counts of crimes against humanity and three counts of war crimes with regard to the situation in Libya. The arrest warrant against him was unsealed on 24 April 2017, as the Interpol put him on a red notice. [3] From February 2011 through August 2011, members of the ISA arrested persons who were perceived by the Libyan government to be opposed to the rule of the Gaddafi. Persons arrested by the ISA "were subjected to various forms of 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". [2] The ISA conducted these activities throughout Libya, including in the cities of Benghazi, Misrata, Sirte, Tajura, Tawergha, Tripoli, and Zawiya. [2] Khaled is accused of being responsible for crimes against humanity and war crimes both as a participant and as the commander of the ISA. [2] Specifically, the prosecutor alleges that Khaled is responsible for the crimes against humanity of imprisonment, torture, other inhumane acts, and persecution and the war crimes of torture, cruel treatment, and outrages upon personal dignity. [2]
As of January 2021 [update] , Khaled was wanted by the ICC, together with Saif al-Islam Gaddafi and Libyan National Army commander Mahmoud al-Werfalli. [4] [5]
Libyan channels and news sites reported the death of Al-Tuhamy Khaled in Cairo on 12 February 2021, from complications related to COVID-19. [6] [7]
The International Criminal Court is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes and the crime of aggression. It is distinct from the International Court of Justice, an organ of the United Nations that hears disputes between states.
Crimes against humanity are widespread or systemic criminal acts which are committed by or on behalf of a de facto authority, usually by or on behalf of a state, that grossly violate human rights. Unlike war crimes, crimes against humanity do not have to take place within the context of wars, and they apply to widespread practices rather than acts which are committed by individuals. Although crimes against humanity apply to acts which are committed by or on behalf of authorities, they do not need to be part of an official policy, and they only need to be tolerated by authorities. The first prosecution for crimes against humanity took place during the Nuremberg trials. Initially considered for legal use, widely in international law, following the Holocaust, a global standard of human rights was articulated in the Universal Declaration of Human Rights (1948). Political groups or states that violate or incite violations of human rights norms, as they are listed in the Declaration, are expressions of the political pathologies which are associated with crimes against humanity.
Saif al-Islam Muammar al-Gaddafi is a Libyan political figure. He is the second son of the late Libyan leader Muammar Gaddafi and his second wife Safia Farkash. He was a part of his father's inner circle, performing public relations and diplomatic roles on his behalf. He publicly turned down his father's offer of the country's second highest post and held no official government position. According to United States Department of State officials in Tripoli, during his father's reign, he was the second most widely recognized person in Libya, being at times the de facto prime minister, and was mentioned as a possible successor, though he rejected this. An arrest warrant was issued for him on 27 June 2011 by the International Criminal Court (ICC) for charges of crimes against humanity against the Libyan people, for killing and persecuting civilians, under Articles 7(1)(a) and 7(1)(h) of the Rome statute. He denied the charges.
The International Criminal Court has opened investigations in Afghanistan, the Central African Republic, Côte d'Ivoire, Darfur, Sudan, the Democratic Republic of the Congo, Kenya, Libya, Uganda, Bangladesh/Myanmar, Palestine and Venezuela. Additionally, the Office of the Prosecutor conducted preliminary examinations in situations in Bolivia, Colombia, Guinea, Iraq / the United Kingdom, Nigeria, Georgia, Honduras, South Korea, Ukraine and Venezuela. Preliminary investigations were closed in Gabon; Honduras; registered vessels of Comoros, Greece, and Cambodia; South Korea; and Colombia on events since 1 July 2002.
Germain Katanga, also known as Simba, is a former leader of the Patriotic Resistance Force in Ituri (FRPI), an armed group in the Ituri Province of the Democratic Republic of the Congo (DRC). On 17 October 2007, the Congolese authorities surrendered him to the International Criminal Court (ICC) to stand trial on six counts of war crimes and three counts of crimes against humanity. The charges include murder, sexual slavery, rape, destruction of property, pillaging, willful killing, and directing crimes against civilians.
People detained by the International Criminal Court (ICC) are held in the ICC's detention centre, which is located within a Dutch prison in Scheveningen, The Hague. The ICC was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression. As of June 2018, it has issued public arrest warrants for 42 individuals, six of whom are currently in custody of the court.
Luis Moreno Ocampo is an Argentine lawyer who served as the first Prosecutor of the International Criminal Court (ICC) from 2003 to 2012. Previously, he played a major role in Argentina's democratic transition (1983–1991).
Abdullah Senussi is a Libyan national who was the intelligence chief and brother-in-law of Colonel Muammar Gaddafi. He was married to Gaddafi's sister-in-law.
The 2011 Libyan rape allegations refer to allegations that Gaddafi's forces in Libya were committing mass rape during the 2011 Libyan civil war. Prosecutor of the International Criminal Court Luis Moreno Ocampo said "we have information that there was a policy to rape in Libya those who were against the government." Libyan psychologist Seham Sergiwa said she distributed questionnaires in opposition-held areas and along the Libya–Tunisia border, and 259 women responded that they were raped. Sergiwa told Amnesty International's specialist on Libya that she had lost contact with the 140 victims she interviewed and was unable to provide documentary evidence. In March 2011, Iman al-Obeidi said she was gang-raped before Libyan security services dragged her away.
The International Criminal Court investigation in Uganda or the situation in Uganda is an ongoing investigation by the International Criminal Court (ICC) into the Lord's Resistance Army insurgency which has been taking place in northern Uganda and neighbouring regions since 1987. The Lord's Resistance Army is a Christian-based group led by Joseph Kony that is accused of numerous human rights violations including massacres, the abduction of civilians, the use of child soldiers, sexual enslavement, torture, and pillaging. After the government of Uganda referred the matter to the ICC in December 2003, warrants of arrest were issued in 2005 for Joseph Kony, Raska Lukwiya, Okot Odhiambo, Dominic Ongwen, and Vincent Otti, who became the first people to be indicted by the Court.
Safia Farkash Gaddafi is the widow of former Libyan leader Muammar Gaddafi, former First Lady of Libya, incumbent Representative of Sirte, and mother of seven of Gaddafi's eight biological children.
The International Criminal Court investigation in the Democratic Republic of the Congo or the situation in the Democratic Republic of the Congo is an ongoing investigation by the International Criminal Court (ICC) into crimes committed in the Democratic Republic of the Congo (DRC) during the Second Congo War and its aftermath, including the Ituri and Kivu conflicts. The war started in 1998 and despite a peace agreement between combatants in 2003, conflict continued in the eastern parts of the country for several years. In April 2004 the government of the DRC formally referred the situation in the Congo to the International Criminal Court, and in June 2004, prosecutor Luis Moreno Ocampo, formally opened an investigation. To date, arrest warrants have been issued for:
The International Criminal Court investigation in Darfur or the situation in Darfur is an ongoing investigation by the International Criminal Court (ICC) into criminal acts committed during the War in Darfur. Although Sudan is not a state party to the Rome Statute, the treaty which created the ICC, the situation in Darfur was referred to the ICC's Prosecutor by the United Nations Security Council in 2005. As of June 2019, five suspects remained under indictment by the court: Ahmed Haroun, Ali Kushayb, Omar al-Bashir, Abdallah Banda and Abdel Rahim Mohammed Hussein. Charges against Bahar Abu Garda were dropped on the basis of insufficient evidence in 2010 and those against Saleh Jerbo were dropped following his death in 2013. In mid-April 2019, Haroun, al-Bashir and Hussein were imprisoned in Sudan as a result of the 2019 Sudanese coup d'état. In early November 2019, the Forces of Freedom and Change (FFC) and Sudanese Prime Minister Abdalla Hamdok stated that al-Bashir would be transferred to the ICC. One of the demands of the displaced people of Darfur visited by Hamdok prior to Hamdok's statement was that "Omar Al Bashir and the other wanted persons" had to be surrendered to the ICC.
Silvia Alejandra Fernández de Gurmendi is an Argentine lawyer, diplomat and judge. She has been a judge at the International Criminal Court (ICC) since 20 January 2010 and President of the ICC from March 2015 to March 2018. She was elected to the presidency for a three-year term and served until March 2018. In 2020 she was elected to serve as President of the Assembly of States Parties to Rome Statute of the International Criminal Court for the twentieth to twenty-second sessions (2021-2023).
Ahmad al-Faqi al-Mahdi was a member of Ansar Dine, a Tuareg Islamist militia in North Africa. Al-Mahdi admitted guilt in the International Criminal Court (ICC) in 2016 for the war crime of attacking religious and historical buildings in the Malian city of Timbuktu. Al-Mahdi was the first person convicted by the ICC for such a crime, and in general the first individual to ever be prosecuted solely on the basis of cultural crimes. He was sentenced to nine years in prison.
Mahmoud Mustafa Busayf al-Werfalli was a Libyan general, commander in al-Saiqa, an elite unit of the Libyan National Army, one of the warring factions in Libya's civil war since 2014. Al-Werfalli was indicted in 2017 in the International Criminal Court for the war crimes of murder and ordering the murder of non-combatants under article 8(2)(c)(i) of the Rome Statute. As of 6 April 2019, the ICC had two outstanding warrants for al-Werfalli's arrest. He was assassinated on 24 March 2021 in Benghazi.
The International Criminal Court investigation in Libya or the Situation in Libya is an investigation started in March 2011 by the International Criminal Court (ICC) into war crimes and crimes against humanity claimed to have occurred in Libya since 15 February 2011. The initial context of the investigation was the 2011 Libyan Civil War and the time frame of the investigation continued to include the 2019 Western Libya offensive.
Al-Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud is a Malian who allegedly joined Ansar Dine in early 2012 and became an interpreter and administrator of the Islamic Police in Timbuktu during N. Mali conflict. As of September 2019, al-Hassan is in the custody of the International Criminal Court, for trial on the charges of crimes against humanity and war crimes carried out during 2012 and 2013, including rape and sexual slavery under Article 8 2.(e)(vi) of the Rome Statute of the ICC.
The International Criminal Court investigation in Ukraine or the Situation in Ukraine is an ongoing investigation by the Prosecutor of the International Criminal Court (ICC) into war crimes and crimes against humanity that may have occurred since 21 November 2013, during the Revolution of Dignity and on an "open-ended basis" during the Russo-Ukrainian War, including the 2014 annexation of Crimea by Russia, the war in Donbas and the 2022 Russian invasion of Ukraine. The ICC prosecutor commenced these investigations on 2 March 2022, after receiving referrals for the situation in Ukraine from 39 ICC State Parties.