Detained ICC Staff Members Released

The four International Criminal Court (ICC) staff members who were detained in Libya have been released and have departed from Tripoli.  The four released staff members traveled back to The Hague in the company of ICC President Judge Sang-Hyun Song.  The Italian government provided an airplane to transport the group.

The four staff members, Melinda Taylor, Helene Assaf, Esteban Peralta Losilla, and Alexander Khodakov, were detained in Zintan from June 7 until July 2, 2012.  The ICC says that the detained staff members were treated well during their detention and are in good condition.  The ICC President thanked the Zintan authorities for their cooperation and expressed gratitude to the Libyan government for their agreement to release the Court’s staff members. 

The staff members had traveled to Zintan to meet with Saif Al-Islam Gaddafi and help preserve his rights in the ICC case against him.  However, the four were detained after staff members on the mission were accused of jeopardizing Libya’s national security.  The Libyan authorities investigated the matter and presented the results of that investigation to the ICC on June 22, 2012.  The ICC has expressed an intention to investigate the matter in accordance with ICC procedures. 

The Gaddafi case was referred to the ICC by the UN Security Council, but Mr. Gaddafi has been held in Libya since his arrest late last year.  The ICC had previously requested that the Libyan Government surrender Gaddafi, but the Libyan Government has instituted domestic proceedings against Gaddafi.  Whether Gaddafi will be tried in Libya is yet to be determined.  However, the Libyan authorities have allowed Gaddafi to meet with ICC lawyers. 

ICC Promises to Investigate Detained Staff Members

The International Criminal Court has promised to investigate alleged misconduct by members of its staff following the return of the four ICC staff members now detained in Libya.  The staff members had travelled to Zintan to meet Saif Al-Islam Gaddafi with the aim of preserving his rights as a defendant before the ICC. 

Libyan authorities allege that ICC staff endangered national security.  More specifically, they state that attorney Melinda Taylor conveyed a coded message to Gaddafi from a former aide.  The staff members have been detained since June 7.  The ICC stated that it would investigate in accordance with ICC procedures and sanction anyone found responsible for misconduct.  The Court intends to seek further background information from the Libyan authorities. 

The Court expressed its regret for "any events that may have given rise to concerns on the part of the Libyan authorities" and stated that it had "no intention of doing anything that would undermine the national security of Libya."