In preparation for a talk I am delivering at Regent’s University in London on the Arab Spring and the International Criminal Court, I have been reviewing statements by the Office of the Prosecutor concerning the Situation in Libya. In the presentation by Prosecutor Moreno-Ocampo to the Security Council, on 2 November 2011, he said:
The current focus of the investigations is twofold. First, it continues the collection of evidence against Saif Al-Islam Al-Qadhafi and Abdullah Al-Senussi in preparation for their eventual trial… (See S/PV.6647, p 3).
The Prosecutor's claim that he is collecting evidence against the two accused should be set alongside article 54(2) of the Rome Statute, which says:
1. The Prosecutor shall:(a) In order to establish the truth, extend the investigation to cover all facts and evidence relevant to an assessment of whether there is criminal responsibility under this Statute, and, in doing so, investigate incriminating and exonerating circumstances equally;
Is the Prosecutor’s statement merely careless use of language, or does it actually indicate his perspective on the cases?