Image: Libyans celebrate after receiving the news of an arrest warrant issued against Moammar Gadhafi
Hassan Ammar  /  AP
Libyans celebrate after receiving the news of an arrest warrant issued against Moammar Gadhafi, in the rebel-held capital Benghazi, Libya, Monday, June 27, 2011.
msnbc.com staff and news service reports
updated 6/28/2011 1:47:28 PM ET 2011-06-28T17:47:28

The prosecutor of the International Criminal Court urged Moammar Gadhafi's own aides Tuesday to arrest the Libyan leader and turn him over for trial on murder and persecution charges — or risk prosecution themselves.

As battles raged through a fifth month between Gadhafi's forces and rebels backed by NATO air strikes, prosecutor Luis Moreno-Ocampo was optimistic that Gadhafi's regime would be over within two or three months.

Obama lawyer: 'Hostilities' an 'ambiguous term of art'

On Monday, the court issued arrest warrants for the Libyan leader, his son Seif and intelligence chief Abdullah al-Sanoussi for crimes against humanity.

But the court has no police force, and relies on the law enforcement agencies of the 115 countries that ratified the court's founding statute.

Libya is not a member, but Moreno-Ocampo advised Gadhafi's inner circle to arrest their leader.

Image: The words "THANK YOU" seen on the top of a building near Brega, Libya
NATO
The words "THANK YOU" seen on the top of a building near Brega, Libya, in reconnaisance images taken by NATO on June 20.

They "can be part of the problem and be prosecuted or they can be part of the solution — work together with other Libyans and stop the crimes," he told reporters at the court.

Story: White House: Warrants show Gadhafi not legitimate

NATO forces operating in Libyan skies have no mandate to arrest suspects, he said. And NATO itself has said it does not want to put combat forces on the ground.

Also Tuesday, NATO released reconnaissance photographs showing the words "THANK YOU" and "THX NATO" written in large letters on structures on the ground. NATO said they were taken near Brega on June 20.

The commander of NATO's Libya operation, Canadian Lt. Gen. Charles Bouchard, said Tuesday that any scaling down of the daily airstrikes was "not appropriate," despite calls for a negotiated end to the conflict and the alliance's inability to give rebel fighters a decisive edge in their battle to topple Gadhafi.

Arrests 'a matter of time'
Moreno-Ocampo said the other option for arresting Gadhafi is through the rebels fighting to end his more than four decades in power. Rebels have pushed to within 50 miles of the capital Tripoli.

"Today, it is time for arrests," Moreno-Ocampo told reporters in The Hague.

"It is a matter of time ... Gadhafi will face charges. The arrest warrants are not going away," he added. "I don't think we will have to wait for long ... In two or three months, it is game over."

One group of anti-Gadhafi rebels, based in the Western Mountains region southwest of Tripoli, made their biggest breakthrough in weeks on Sunday to reach the town of Bir al-Ghanam, where they are now fighting pro-Gadhafi forces for control, their spokesman said.

Video: Democrats divided over Libya (on this page)

The move took them 18 miles north of their previous position and closer to Tripoli, Gadhafi's main power base.

A rebel spokesman in the town of Zintan said Monday had been quiet and there was no word from rebels early on Tuesday on the situation in the region.

But a spokesman in Misrata said Gadhafi's forces struck at the town east of Tripoli overnight.

"Gadhafi's forces bombarded Misrata last night. There were no casualties, thank God. Today the situation is quiet for the moment," said the spokesman, who gave his name as Youssef.

Imperialist 'tool'
Gadhafi's regime has rejected the court's authority and dismissed the charges as politically motivated.

"This court is nothing but a cover for the military operations of NATO," said Justice Minister Mohammed al-Qamudi. "The ICC does not really mean anything for us Libyans because we are not party to it and because it's merely a political tool for exerting pressure and political blackmail against sovereign countries. ... It has become clear that it's a tool of imperialism."

Story: In battered Libya town, kids get a taste of normal

Thousands of Libyans poured into Liberty Square in the eastern rebel stronghold of Benghazi after the court's decision was announced Monday, with women ululating and dancing and several men shooting celebratory gunfire in the air.

The square echoed with chants of: "The blood of the martyrs will not be wasted" and "Freedom is here. Today we win."

Presiding Judge Sanji Monageng of Botswana said Gadhafi and his inner circle reacted to uprisings in Tunisia and Egypt by mapping out a "state policy ... aimed at deterring and quelling by any means — including by the use of lethal force — demonstrations by civilians against the regime."

Hundreds of civilians were killed, injured or arrested in the last two weeks of February, and there were "reasonable grounds to believe" that Gadhafi and his supporters were responsible for the murder and persecution of civilians as well as attempting to cover up the crimes, she said.

Moreno-Ocampo said Tuesday his office is investigating the cover-up attempts as well as reports of widespread rapes by pro-Gadhafi forces. But he said he had not been able yet to directly link Gadhafi to the rape allegations.

Moreno-Ocampo said there should be urgent negotiations over the future of Gadhafi and his regime, but he said there must be "clear legal limits" to any talks. It must be clear that any ICC member country should arrest him if he travels to its territory.

"Gadhafi cannot retain power to keep attacking his victims," he said.

The commander of NATO's Libya operation, Canadian Lt. Gen. Charles Bouchard said Tuesday that any scaling down of the daily airstrikes was "not appropriate," despite calls for a negotiated end to the conflict and the alliance's inability to give rebel fighters a decisive edge in their battle to topple Gadhafi.

The Associated Press and Reuters contributed to this report.

Photos: Libya's uprising against Gadhafi

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  1. People gathering in Benghazi, Libya in mid-February of 2011 as protest against the rule of Moammar Gadhafi grew, in part triggered by the arrest of human rights activist Fethi Tarbel. EDITOR'S NOTE: The content, date and location of this image could not be independently verified. (AP) Back to slideshow navigation
  2. Buildings at the entrance to a security forces compound burn in Benghazi, Feb. 21, 2011. Libyan protesters celebrated in the streets of Benghazi, claiming control of the country's second largest city after bloody fighting, and anti-government unrest spread to the capital with clashes in Tripoli's main square for the first time. (Alaguri / AP) Back to slideshow navigation
  3. Libyan leader Moammar Gadhafi speaks on state television. Feb. 22, and signalled his defiance over a mounting revolt against his 41-year rule. (Libya TV via Reuters) Back to slideshow navigation
  4. Libyan U.N. ambassador Shalgham is embraced by Dabbashi, Libya's deputy U.N. Ambassador after denouncing Libyan leader Moammar Gadhafi for the first time during a Security Council meeting at the headquarters of the United Nations in New York on Feb. 25. Shalgam, a longtime friend and member of Gadhafi's inner circle, had previously refused to denounce Gadhafi. (Reuters) Back to slideshow navigation
  5. Thousands of Libyans gather for the Muslim Friday prayers outside the courthouse in the eastern city of Benghazi on Feb. 25, 2011. Perhaps 8,000 people gathered for the midday prayers with a local imam, who delivered his sermon alongside the coffins of three men killed in the violent uprising that routed Gadhafi loyalists from Benghazi. (Gianluigi Guercia / AFP - Getty Images) Back to slideshow navigation
  6. Rebels hold a young man at gunpoint, who they accuse of being a loyalist to Gadhafi, between the towns of Brega and Ras Lanuf, March 3, 2011. (Goran Tomasevic / Reuters) Back to slideshow navigation
  7. Pro-Gadhafi soldiers and supporters gather in Green Square in Tripoli, March 6, 2011. Thousands of Moammar Gadhafi's supporters poured into the streets of Tripoli, waving flags and firing their guns in the air in the Libyan leader's main stronghold, claiming overnight military successes. (Ben Curtis / AP) Back to slideshow navigation
  8. Rebel fighters jump away from shrapnel during heavy shelling by forces loyal to Gadhafi near Bin Jawad, March 6. Rebels in east Libya regrouped and advanced on Bin Jawad after Gadhafi forces ambushed rebel fighters and ejected them from the town earlier in the day. (Goran Tomasevic / Reuters) Back to slideshow navigation
  9. Libyan rebel fighters take cover as a bomb dropped by an airforce fighter jet explodes near a checkpoint on the outskirts of the oil town of Ras Lanuf on March 7, 2011. (Marco Longari / AFP - Getty Images) Back to slideshow navigation
  10. Libyan rebels fire rockets at government troops on the frontline. March 9, 2011 near Ras Lanuf. The rebels pushed back government troops westward towards Ben Jawat. (John Moore / Getty Images) Back to slideshow navigation
  11. Libyan government soldiers aboard tanks at the west gate of the town Ajdabiyah March 16, 2011. Libya's army pounded an opposition-held city in the country's west and battled fighters trying to block its advance on a rebel bastion in the east amid flagging diplomatic efforts to end the bloodshed. EDITOR'S NOTE: Picture taken on a government guided tour. (Ahmed Jadallah / Reuters) Back to slideshow navigation
  12. Libyan people in Benghazi celebrate after the United Nations Security Council authorized a no-fly zone over Libya, March 18. Thousands of Libyans erupted in cheers as the news flashed on a giant screen in besieged Benghazi late March 17. After weeks of discussion, the UN Security Council banned flights in Libya's airspace and authorized "all necessary means" to implement the ban, triggering intervention by individual countries and organizations like NATO. (EPA) Back to slideshow navigation
  13. A picture combo shows a Libyan jet bomber crashing after being apparently shot down in Benghazi on March 19, 2011 as the Libyan rebel stronghold came under attack. Air strikes and sustained shelling of the city's south sent thick smoke into the sky. (Patrick Baz / AFP - Getty Images) Back to slideshow navigation
  14. Residents of Benghazi flee the city along the road toward Tobruk, in an attempt to escape fighting in their city, March 19, 2011. Gaddafi's troops pushed into the outskirts of Benghazi, a city of 670,000 people, in an apparent attempt to pre-empt Western military intervention expected after a meeting of Western and Arab leaders in Paris. (Reuters TV) Back to slideshow navigation
  15. Vehicles belonging to forces loyal to Gadhafi explode after an air strike by coalition forces, along a road between Benghazi and Ajdabiyah March 20, 2011. (Goran Tomasevic / Reuters) Back to slideshow navigation
  16. A rebel fighter carries his weapon outside the northeastern Libyan town of Ajdabiyah, March 21, 2011. A wave of air strikes hit Gaddafi's troops around Ajdabiyah, a strategic town in the barren, scrub of eastern Libya that rebels aim to retake and where their fighters said they need more help. (Finbarr O'reilly / Reuters) Back to slideshow navigation
  17. A Libyan rebel prays next to his gun on the frontline of the outskirts of the city of Ajdabiya, south of Benghazi, March 21, 2011. The international military intervention in Libya is likely to last "a while," a top French official said, echoing Moammar Gadhafi's warning of a long war ahead as rebels, energized by the strikes on their opponents. (Anja Niedringhaus / AP) Back to slideshow navigation
  18. Libyan rebels retreat as mortars from Gadhafi's forces are fired on them near the outskirts of the city of Ajdabiya, March 22, 2011. Coalition forces bombarded Libya for a third straight night, targeting the air defenses and forces of Libyan ruler Moammar Gadhafi, stopping his advances and handing some momentum back to the rebels, who were on the verge of defeat. (Anja Niedringhaus / AP) Back to slideshow navigation
  19. A Libyan man is comforted by hospital staff as he reacts after identifying his killed brother in the morgue of the Jalaa hospital in Benghazi, March 22, 2011. His brother was killed earlier in fighting around the city of Ajdabiya. (Anja Niedringhaus / AP) Back to slideshow navigation
  20. Volunteer fighters training at a rebel army training camp in Benghazi, March 29, 2011. Pro-government forces intensified their attacks on Libyan rebels, driving them back over ground they had taken in recent days. The rebels had reached Nawfaliya, but pulled back to Bin Jawad. (Manu Brabo / EPA) Back to slideshow navigation
  21. Smoke billows as seven explosions were reported in the tightly-guarded residence of leader Moammar Gadhafi and military targets in the suburb of Tajura. Two explosions also rocked the Libyan capital Tripoli on March 29, 2011, as NATO-led coalition aircraft had been seen in the skies over the capital. (Mahmud Turkia / AFP - Getty Images) Back to slideshow navigation
  22. A Libyan rebel urges people to leave, as shelling from Gadhafi's forces started landing on the frontline outside of Bin Jawaad, 93 miles east of Sirte, March 29, 2011. (Anja Niedringhaus / AP) Back to slideshow navigation
  23. General Abdel-Fattah Younis, former interior minister in the Gadhafi regime who defected in the early days of the uprising, is greeted by Libyan rebels at the front line near Brega, April 1, 2011. (Altaf Qadri / AP) Back to slideshow navigation
  24. Libyan men show the V-sign for victory as they stand on the deck of a Turkish ship arriving from Misrata to the port of Benghazi who were evacuated along with others the injured in the fighting between rebel and Gadhafi forces, April 03, 2011. The Turkish vessel took hundreds of people wounded in the Libyan uprising for treatment in Turkey from the two cities of Misrata and Benghazi. (Mahmud Hams / AFP - Getty Images) Back to slideshow navigation
  25. A wounded prisoner from Gadhafi's forces is transported in the back of a pickup truck by rebels, on the way to a hospital for treatment, half way between Brega and Ajdabiya, April 9, 2011. Rebels say they took two prisoners after a clash with soldiers near Brega's university outside the government-controlled oil facilities, marking a noticeable advance by rebels. (Ben Curtis / AP) Back to slideshow navigation
  26. In this image taken from TV, Libyan leader Moammar Gadhafi makes a pubic appearance in Tripoli, April 14 2011. Gadhafi defiantly waved at his supporters while being driven around Tripoli while standing up through the sunroof of a car. (AP) Back to slideshow navigation
  27. A rebel fighter celebrates as his comrades fire a rocket barrage toward the positions of government troops April 14, 2011, west of Ajdabiyah. (Chris Hondros / Getty Images) Back to slideshow navigation
  28. Gadhafi supporters hold copies of his portrait as they gather at the Bab Al Azizia compound in Tripoli, April 15, 2011. Rebels held much of eastern Libya by mid-April, while Gadhafi controlled the west, with the front line shifting back and forth in the middle. (Pier Paolo Cito / AP) Back to slideshow navigation
  29. Doctors work on a baby who suffered cuts from shrapnel that blasted through the window of his home during fighting in the besieged city of Misrata, April 18, 2011. Thousands of civilians are trapped in Misrata as fighting continues between Libyan government forces that have surrounded the city and anti-government rebels there. The Libyan government has come under international criticism for using heavy weapons and artillery in its assault on Misrata. (Chris Hondros / Getty Images) Back to slideshow navigation
  30. MISRATA, LIBYA - APRIL 20: Libyan rebel fighters discuss how to dislodge some ensconced government loyalist troops who were firing on them from the next room during house-to-house fighting on Tripoli Street in downtown Misrata April 20, 2011 in Misrata, Libya. Rebel forces assaulted the downtown positions of troops loyal to Libyan strongman Moammar Gaddafi April 20, briefly forcing them back over a key bridge and trapping several in a building that fought back instead of surrendering, firing on the rebels in the building and seriously wounding two of them during the standoff. Fighting continues between Libyan government forces that have surrounded the city and anti-government rebels ensconced there. (Photo by Chris Hondros/Getty Images) (Chris Hondros / Getty Images) Back to slideshow navigation
  31. Libyan rebel fighters carry out a comrade wounded during an effort to dislodge some ensconced government loyalist troops who were firing on them from a building during house-to-house fighting on Tripoli Street in downtown Misrata April 20, 2011. Rebel forces assaulted the downtown positions of troops loyal to Gaddafi, briefly forcing them back over a key bridge and trapping several in a building where they fought back instead of surrendering. Two rebels were seriously wounded during the standoff. (Chris Hondros / Getty Images) Back to slideshow navigation
  32. Rebels tread carefully as they prepare to invade a house where soldiers from the pro-government forces had their base in the Zwabi area of Misrata on April 24, 2011. (Andre Liohn / EPA) Back to slideshow navigation
  33. Libyans inspect damage and an unexploded missile at the Gadhafi family compound in a residential area of Tripoli, May 1, 2011. Gadhafi escaped a NATO missile strike in Tripoli that killed one of his sons and three young grandchildren. EDITOR'S NOTE: Photo taken on a government guided tour. (Darko Bandic / AP) Back to slideshow navigation
  34. Moammar Gaddafi's son Saif al-Islam Gadhafi, center, leaves the funeral of his brother Saif Al-Arab Gadhafi, who was killed during air strikes by coalition forces, at the El Hani cemetery in Tripoli, May 2, 2011. Crowds chanting Gadhafi's name gathered in Tripoli for the funeral of his son and three grandchildren. (Louafi Larbi / Reuters) Back to slideshow navigation
  35. Fleeing migrants and Libyans are seen on board an International Organization of Migration ship leaving the port of Misrata on May 4, 2011, as Gadhafi forces continued to pound the city. (Christophe Simon / AFP - Getty Images) Back to slideshow navigation
  36. Libyan men watch as the main fuel depot in Libya's third largest city, Misrata, burns following a bombing by Gadhafi's forces on May 7, 2011. Libyan regime forces shelled fuel depots in Misrata and dropped mines into its harbor using helicopters bearing the Red Cross emblem, rebels said as they braced for a ground assault. (Ricardo Garcia Vilanova / AFP - Getty Images) Back to slideshow navigation
  37. Libyan rebels celebrate near the airport of Misrata on May 11, 2011 after capturing the city's strategic airport following a fierce battle with Moammar Gadhafi's troops -- their first significant advance in weeks. (Ricardo Garcia Vilanova / AFP - Getty Images) Back to slideshow navigation
  38. Women react after a protest against Moammar Gadhafi's regime in Benghazi, Libya, on May 16, 2011. Luis Moreno-Ocampo, prosecutor of the International Criminal Court in The Hague, announced that he would seek arrest warrants against the leader of Libya, Moammar Gadhafi, his son Seif al-Islam and the country's intelligence chief on charges of crimes against humanity. (Rodrigo Abd / AP) Back to slideshow navigation
  39. Tripoli street in Misrata is seen from the terrace of a building used by Gadhafi’s snipers before the rebels took control of the area on May 22, 2011. The weeks-long siege of the city ended in mid-May and Tripoli Street was the site of the fiercest fighting in the battle and a turnin point in the war. (Rodrigo Abd / AP) Back to slideshow navigation
  40. A rebel fighter gives water to a soldier loyal to Gadhafi after he was wounded and then captured near the front line, west of Misrata on May 23, 2011. (Rodrigo Abd / AP) Back to slideshow navigation
  41. An uncle, left, prays over the body of one and a half year-old Mohsen Ali al-Sheikh during a washing ritual during the funeral at his family's house in Misrata, May 27, 2011. The child was killed by a gunshot during clashes between rebels and pro-Gadhafi forces earlier in the day. (Wissam Saleh / AP) Back to slideshow navigation
  42. The body of a drowned refugee floats near a capsized ship which was transporting an estimated 850 refugees from Libya, approximately 22 miles north of the Tunisian islands of Kerkennah, June 4, 2011. At least 578 survived the sinking. (Lindsay Mackenzie / AP) Back to slideshow navigation
  43. A photograph taken from a video by a National Transitional Council (NTC) fighter shows Mutassem Gadhafi, son of Moammar Gadhafi, drinking water and smoking a cigarette following his capture and shortly before his death, in Sirte, Oct. 20, 2011. (- / AFP - Getty Images) Back to slideshow navigation
  44. A photograph taken from mobile phone video of a National Transitional Council (NTC) fighter shows the capture of Moammar Gadhafi in Sirte on Oct. 20, 2011. (AFP - Getty Images) Back to slideshow navigation
  45. This image provided by the Libyan Youth Group on Nov. 19, 2011, shows Seif al-Islam Gadhafi after he was captured near the Niger border with Libya. Moammar Gadhafi's son, the only wanted member of the ousted ruling family to remain at large, was captured as he traveled with aides in a convoy in Libya's southern desert. (AP) Back to slideshow navigation
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  1. Image: A photo said to show people gathering during recent days' unrest in Benghazi, Libya. The content, date and location of the image could not be independently verified.
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    Above: Slideshow (81) Conflict in Libya
  2. Image: TO GO WITH AFP PACKAGE ON THE 40TH ANNIV
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    Slideshow (34) Moammar Gadhafi through the years

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