Luis Moreno-Ocampo (photo) said Col Gaddafi, his son Saif al-Islam, and intelligence chief Abdullah al-Sanussi bore the greatest responsibility for “widespread and systematic attacks” on civilians.
ICC judges must still decide whether or not to issue warrants for their arrest. The Libyan government has already said it will ignore the announcement.
Deputy Foreign Minister Khalid Kaim said the court was a “baby of the European Union designed for African politicians and leaders” and its practices were “questionable”.
Libya did not recognise its jurisdiction, like most African countries and the United States, and would ignore any announcement, he added.
Mr Moreno-Ocampo said that after reviewing more than 1,200 documents and 50 interviews with key insiders and witnesses, his office had evidence showing that Col Gaddafi had “personally ordered attacks on unarmed Libyan civilians”.
“His forces attacked Libyan civilians in their homes and in public spaces, shot demonstrators with live ammunition, used heavy weaponry against participants in funeral processions, and placed snipers to kill those leaving mosques after prayers,” he told a news conference in The Hague.
“The evidence shows that such persecution is still ongoing as I speak today in the areas under Gaddafi control. Gaddafi forces have prepared a list with names of alleged dissidents, and they are being arrested, put into prisons in Tripoli and tortured,” he added.
Mr Moreno-Ocampo said that Col Gaddafi had “committed the crimes with the goal of preserving his absolute authority”.
“The evidence shows that Gaddafi relied on his inner circle to implement a systematic policy of suppressing any challenge to his authority.”
“His second-oldest son, Saif al-Islam, is the de facto prime minister and Sanussi, Gaddafi’s brother-in-law, is his right-hand man – the executioner, the head of military intelligence. He commanded personally some of the attacks.”
The office documented how the three held meetings to plan and direct the operations” The three “held meetings to plan and direct the operations”, he alleged.