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International Criminal Court and Libya - Security Council Open VTC
More than a year after soldiers outside Government control launched a deadly offensive to seize its capital, Libya is still suffering high levels of violence and attacks against civilians for which perpetrators must be held to account, said the International Criminal Court’s senior prosecutor in a 5 May videoconference meeting of the Security Council.
“Serious violence related to the armed conflict in Libya, particularly in and around Tripoli, has regrettably not abated,” said Fatou Bensouda, the Court’s Chief Prosecutor, in her Office’s nineteenth report following referral of the situation to the Court.
Noting that her team is forging ahead with its work despite the exceptional circumstances brought about by the COVID-19 pandemic, she announced that — while three arrest warrants in the Libya case remain unexecuted — the situation continues to be a priority and her Office is now working on applications for several new warrants.
Pointing out that some 13 months have elapsed since the Libyan National Army — led by General Khalifa Haftar — launched its offensive to capture Tripoli, she said concerns remain about clashes, attacks on civilians and civilian infrastructure, arbitrary detention and the mistreatment of migrants and refugees. Emphasizing that those crimes — including attacks against hospitals and schools — are prohibited under the Court’s Rome Statute, she added that persons detained without due process are at high risk of torture, sexual violence or murder. “Such crimes are all too common,” she said, noting that her Office recently adopted a useful new cooperation strategy to exchange information with relevant States and organizations.
Turning to the crime of enforced disappearance — which spreads terror within a society and inflicts suffering on the families of victims — she spotlighted the case of Siham Sergewa, a member of the Libyan House of Representatives who was kidnapped from her home in Benghazi in July 2019 and is still missing. She also drew the Council’s attention to a spike in hate speech, warning that it can deepen social divisions and foments conditions in which genocide can occur. Political and other leaders have a special responsibility to refrain from such speech and lead by example, she said.
Outlining the Court’s judicial work, she said its Appeals Chamber rejected an appeal by Saif al-Islam Qadhafi — the son of Libya’s former President, the late Muammar Qadhafi — finding that his case is admissible to the Court and his arrest warrant remains enforceable. Because the domestic proceedings against Mr. Qadhafi are not final, Libyan law stipulates that he must be re-tried should he surrender himself. However, Mr. Qadhafi has so far made no effort to surrender himself and is a wilful fugitive. Underscoring Libya’s obligation to arrest and surrender him, she described the Appeals Chamber’s decision as an important evolution of international law, determining that amnesty measures which prevent prosecution or punishment for crimes against humanity are inconsistent with international law and run counter to the purposes of the Rome Statute.
Turning to outstanding warrants for the arrest of two other prominent figures, Al-Tuhamy Khaled and Mahmoud al-Werfalli, she said that Egypt — where the former is believed to reside — has thus far not arrested and surrendered him. Meanwhile, Mr. al-Werfalli is believed to be under the command of General Haftar, who has neither facilitated an arrest nor ensured genuine investigation and prosecution. Welcoming the cooperation of many countries, including the Libyan Government of National Accord, she emphasized that military leaders may be held accountable for crimes committed by troops under their control. “Commanders have a responsibility both to prevent or repress the commission of crimes by their forces, and to submit any such crimes for investigation and prosecution,” she concluded.
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