by Dawn Hawkins

Created on: December 18, 2011   Last Updated: December 19, 2011

He was, by all accounts, a tyrant who ruled Libya since 1969, putting fear into the people of Libya to the bitter end. After an uprising in Libya, Muammar Ghaddafi was captured and subsequently killed in what is now being considered a possible war crime. Was Ghaddafi’s death a war crime? That highly depends on who answers the question.

The Libyan people made a clear and concise decision to end decades of oppression by their ruler. Ghaddafi was notorious for his hard-nosed rule that was often cruel and harsh. He made many enemies worldwide, but most dangerously, within his own borders.

After the uprising by the Libyan people, Ghaddafi took another hardline and sent troops in to do whatever they had to do to “restore order”. Many civilians were killed in the process. Ghaddafi thought that it would convince the people to settle down, but the severe actions Ghaddafi took during this time would be his undoing.

Ghaddafi was hunted out and ultimately killed by a rebel militia. Videos were later released showing that after his capture in the underground drain, Ghaddafi was severely beaten and that is what has caused the question to be raised as to whether Ghaddafi’s death was a war crime. The International Criminal Court (ICC) is investigating whether those responsible for the death of Ghaddafi were guilty of war crimes.

The ICC has the right to prosecute if the Libyan justice system either refuses to take action or does not have the ability to take action. Ghaddafi was killed while he was in custody. Video recordings show him being beaten, being taunted and by some accounts, being sodomized with what appeared to be a knife. If that is true, there may be a case against those responsible for the death of Ghaddafi for war crimes.

The ICC may be opening a can of worms by pursuing the prosecution of the people responsible. It is a double-edged sword because Ghaddafi certainly handed out his share of the same type, and in some cases worse, “punishment” to those who did not give up their fight in the civil war that recently took place in the country. After decades of being beaten down in order for Ghaddafi to keep his place as ruler, some might argue that rather than a war crime, it was just punishment for the ruler. It might also be argued that those responsible for his killing were acting in self-defense and with temporary insanity after being mistreated for extensive periods of time.

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