Court takes up issue of arrest warrant for Gadhafi

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(CNN) -- Fighting between forces loyal to Moammar Gadhafi and the opposition raged Monday just 100 kilometers (62 miles) southwest of Tripoli in a see-saw battle that has brought the rebels to the doorstep of the Libyan leader's stronghold.

The fighting came the same day that judges at the International Criminal Court were to decide whether to issue warrants for the arrest of Gadhafi, marking the first time the judicial body has taken action while a conflict was ongoing.

Casualty reports were not immediately available in the battle near the town of B'ir al Ghanam, though the majority of the fighting by both sides was being waged with heavy artillery, according to journalist David Adams, who witnessed much of it on Sunday.

NATO warplanes struck a rocket launcher system mounted on a government truck near the town, Adams said.

Three explosions were heard in the Libyan capital late Monday morning.

"They appear closer than those heard in the past few days and week," said CNN producer Raja Razek, who is in Tripoli.

The fighting comes as International Criminal Court judges will determine whether there is enough evidence to grant a request for the warrants by the court's chief prosecutor, who has said he has evidence that links Gadhafi and two relatives to "widespread and systematic" attacks on civilians as part of their effort to hold on to power.

The judges at The Hague can accept the request, reject it or ask for more evidence.

Prosecutor Luis Moreno-Ocampo has said he has evidence linking Gadhafi, his son Saif al-Islam and brother-in-law Abdullah al-Sanussi to crimes against humanity in their attempt to put down a months-long revolt.

Saif al-Islam is a close adviser to his father, while al-Sanussi serves as Gadhafi's head of intelligence.

Moreno-Ocampo told CNN shortly after filing his request with the court that he had evidence that revealed Saif al-Islam organized the recruitment of mercenaries to defend the regime and al-Sanussi participated in attacks on demonstrators.

Authorities believe Gadhafi ordered attacks on unarmed civilians, he told CNN, and al-Sanussi is "his right-hand man, the executioner."

The issue of Libyan casualties led the U.N. Security Council to adopt a resolution in March authorizing force by whatever means necessary, with the exception of a ground invasion, to protect civilians. NATO began bombing military targets a short time later.

Libya did not sign the Rome Statute that created the International Criminal Court and has indicated it would ignore the prosecution move.

Libyan government spokesman Musa Ibrahim has previously denied the allegations and criticized what he said were incoherent conclusions of the prosecutor's office.

The international court prosecutor began investigating claims against Gadhafi on February 15, when demonstrations against leader's regime accelerated. Since then, war has erupted in Libya as Gadhafi has tried to keep a firm grip on power.

The probe took investigators to 11 countries and included the review of 1,200 documents and interviews with about 50 witnesses. A report issued in early May found the alleged crimes against humanity include the alleged commission of rape by supporters of Gadhafi's government, as well as the deportation or forcible transfer of citizens during the civil war in the country.

Moreno-Ocampo has scheduled a press conference Tuesday to discuss the court's decision.

The International Criminal Court action follows a day after the African Union announced Gadhafi will not be part of its next attempt to map out a peace deal in Libya.

It was unclear who would represent the Libyan government in negotiations, or when negotiations would occur. Journalists were not allowed to ask questions at a news conference following Sunday's meeting of the African Union's special committee on Libya in Pretoria, South Africa.

Members of the committee have met with Gadhafi and opposition leaders over the past three months. Another African Union-led attempt to broker peace between Gadhafi and the rebels fell through in April.

The committee repeated calls Sunday for a cease-fire between the Libyan government and rebels.

"Only a political solution will make it possible to sustainably settle the current conflict," the statement said.

It also urged NATO to temporarily suspend its bombing campaign to allow the delivery of humanitarian aid.
 
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