ICC drops case against Kadhafi security chief
September 7, 2022 11:42 PM
The International Criminal Court said Wednesday it was dropping a war crimes case against deposed dictator Moamer Kadhafi's former internal security chief after he died of natural causes.
Mohamed Khaled al-Tuhamy, aged around 80, was wanted for his role in trying to violently quash a 2011 uprising that eventually toppled Kadhafi after more than 40 years in power.
"Today, the Pre-Trial Chamber terminated proceedings against the alleged former Lieutenant General of the Libyan army and former head of the Libyan Internal Security Agency, Mr Al-Tuhamy," the Hague-based court announced.
"The Chamber made this decision following the Prosecution's notification of the death of Al-Tuhamy and request to withdraw the arrest warrant," it added in a statement.
His death certificate, which said he died of natural causes in Cairo in February 2021, was issued by the Libyan authorities, the ICC said, adding prosecutors confirmed his death, saying "There is no doubt that Al-Tuhamy, the person named in the warrant of arrest, is now dead."
Probing mass atrocities in the northern African state since 2011 after the UN Security Council referred the case, the court in 2013 issued a warrant for his arrest.
He was wanted on four counts of crimes against humanity and three of war crimes, committed between February and August 2011, as Kadhafi's forces battled to contain the upraising that would eventually lead to the long-time leader's murder.
Prosecutors said the military, intelligence and security agencies carried out attacks on the civilian population "in furtherance of a policy designed by the Libyan state to quash the political opposition to the Kadhafi regime by any means".
Prisoners across Libya "were subjected to various forms of mistreatment, including severe beatings, electrocution, sexual violence and rape, solitary confinement" as well as mock executions.
As head of the agency from February to August 2011, Al-Tuhamy "had the authority to implement Kadhafi's orders", prosecutors said.
It's the second Libyan case dropped by the ICC following confirmation of the death of Libyan militia leader Mahmoud al-Werfalli -- a member of forces loyal to eastern military leader Khalifa Haftar -- gunned down by unidentified assailants in March 2021.
The only outstanding warrant in the Libya case is for Kadhafi's son Seif al-Islam, who is facing two crimes against humanity charges for his role in trying to quell the revolt.