It isn’t getting any better for anyone involved. Many will already be aware of the arrest of four ICC staff by a militia in Zintan, Libya, on allegations of spying. The controversy it spawned revolves around Melinda Taylor, an Australian defense lawyer at the ICC who, it is alleged, passed on “dangerous” documents and was found with spying devices when she met with Saif al-Islam Gaddafi last week in a visit approved by Libyan authorities. Her interpreter, Lebanese-born Helene Assaf, is being considered an “accomplice”. Two other ICC staff members, a Spaniard and a Russian, are voluntarily staying with Taylor and Assaf, an act of remarkable solidarity and integrity.
Yesterday, the team was transferred from a guest-house in Zintan to a Libyan prison, on the behest of the Libyan Prosecutor General, for a forty-five day detention period. It is not clear which prison they are being held at, although AFP journalist Maude Brulard told me earlier that, according to members of the militia, the prison is under control of Libya’s defense ministry.
After arriving on Sunday, officials from the ICC were finally granted a visit by Libyan authorities to the four staff members in Zintan today. However, they found themselves unable to reach Zintan after being held up at a checkpoint. According to Marie-Louise Gumuchian,
In scenes that summed up the chaos and instability in Libya since a revolt last year ousted and killed Gaddafi, when the ICC delegation arrived at a checkpoint outside Zintan, militiamen told them no one was being allowed in because of clashes with a rival tribe nearby.
The 7-vehicle convoy parked up near the checkpoint but over an hour after arriving they were still waiting to go into Zintan, even though the visit had been approved by authorities in the capital, Tripoli…
…The clashes were happening about 50 km (30 miles) south of Zintan, well away from the route being used by the ICC delegation.
“I believe there is a problem, fighting. We weren’t told, we were just given orders not to allow any cars in,” said one man, dressed in military fatigues and carrying a Kalashnikov rifle at the checkpoint.
At the same time, a particularly controversial statement was made by NTC spokesperson, Mohammed al-Hareizi, in an interview with the Australian Broadcasting Corporation (ABC). Al-Hareizi suggested that Taylor was being held, not for any particular violation, but because the government believed that they could bargain her freedom for knowledge of Mohammed Ismail’s whereabouts. Ismail is considered a close friend, confidante and, some say, “henchman“, of Saif. It has been alleged that Taylor gave “coded” letters from Ismail to Saif during their meeting. Al-Hareizi is quoted as saying:
“We want this guy. It is very important to catch this guy because this guy is very, very, very danger(ous) for us…
…We don’t have anything against this woman. Just we need some information from her, after that she will be free.”
This is particularly damning evidence against any possible case that Libya has in detaining and investigating Taylor and Assaf. If al-Hareizi’s words reflect the attitude of the NTC, then it is clear that Taylor and Assaf’s arrest have nothing to do with the law or justice and everything to do with leveraging the freedom of ICC staff for political gain. Incredibly, this was admitted while Libya is attempting to convince ICC judges that it is able and willing to try Saif domestically. As I argued earlier this week, that seems an increasingly remote possibility. Of course, holding and investigating the two ICC staff members is problematic regardless of the NTC’s or the Zintani militia’s intentions behind doing so.

Melinda Taylor, who was detained with three other ICC staff members while visiting Saif al-Islam Gaddafi last week.
Like others, I am flabbergasted with how quickly some have suggested that the ICC team is guilty and that, if they broke the law, they should be investigated in Libya. This is hugely problematic. First of all, while the allegations are certainly serious, no real evidence has been presented that any laws were actually broken. We simply do not know the truth about what transpired. Continue reading













