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Libya’s Delegate Points to ‘Damning Evidence’, Including Perpetrators’ Names, as Council Members Disagree about Court’s Jurisdiction, Impartiality
Against the welcome backdrop of a newly signed ceasefire and fresh political talks in Libya, States must recommit to bringing justice to the victims of the country’s worst atrocity crimes, the International Criminal Court’s top prosecutor told the Security Council during a videoconference meeting today, describing the failure to arrest and surrender fugitives as a “major stumbling block” impeding her work.
Chief Prosecutor Fatou Bensouda recalled that, on 23 October, the warring Libyan parties signed a ceasefire agreement under the auspices of the United Nations in Geneva. Calling on them to assiduously implement it, she declared: “Victims of atrocity crimes in Libya must be reassured that, notwithstanding any ceasefire or future agreement, individuals alleged to be responsible for serious crimes […] will be promptly arrested and surrendered.” Libya remains a high priority for the Prosecutor’s Office, with its investigations having progressed significantly since her last briefing in May.
Outlining those developments, she said that — even amid the challenges posed by the COVID-19 pandemic — the Court deployed two crucial investigative missions to Libya to collect additional evidence to further strengthen its cases. On 22 June, she issued a statement following the discovery of multiple mass graves in the city of Tarhunah and the south of the nation’s capital, Tripoli. Over 100 bodies — many blindfolded and with their hands tied — have been recovered to date. Thanking the Government of National Accord and the United Nations Support Mission in Libya (UNSMIL) for their support, she said those joint efforts continue in line with the cooperation and complementarity principles under Part 9 of the Rome Statute.
Turning to her office’s efforts to actively monitor the current situation in Libya, she said it has learned that the recently concluded offensive on Tripoli — carried out by the eastern-based militia known as the Libyan National Army — is part of a pattern of violence marked by the indiscriminate air strikes and shelling of civilian areas, arbitrary abduction, detention and torture of civilians, extrajudicial killings, enforced disappearances and the pillaging of civilian property. Noting that it has been seen before in places such as Benghazi, Derna, Ajdabiya, Marzuq and Sirte, she also cited credible information showing the increased use of mines and improvised explosive devices against civilians.
In particular, she said, mines and explosive devices were reported placed in civilian garages, kitchens and bedrooms, and were detonated when people returned home after fleeing from fighting in the city. Emphasizing that those “deeply disturbing” reports would constitute crimes under the Rome Statute, she encouraged the Council and all United Nations Member States to convey a clear and firm message to commanders — be they military or civilian — and all parties and armed groups in Libya “that the rules of international humanitarian law must be respected and that those who defy such rules will be held individually responsible”.
Turning to other investigations, she said her office is following reports of the targeting of civilians who voiced opposition to militias in the east and west of the country. UNSMIL recently called for an investigation into the alleged use of excessive force by security forces in Zawiyah and Tripoli. She is also receiving and examining evidence about allegations of serious crimes in prisons and detention facilities throughout Libya, including the arbitrary detention and torture of civilians. She urged all parties to end such practices, while calling for international observers and investigators to be given full access to detention facilities across Libya.
Noting that her office continues to monitor the situation of internally displaced persons, as well as crimes committed against migrants, who continue to be exposed to trafficking and torture, she voiced deep concern that — despite the Council’s imposition of sanctions against Ahmad Oumar al-Dabbashi for his involvement in crimes against migrants — he reportedly continues to commit them. She welcomed recent positive developments in that area — including the European Union’s imposition of sanctions against Mousa Adyab for human trafficking, as well as the rape and killing of refugees — and the sentencing by an Italian court of three individuals for crimes committed against migrants.
She warned that the failure by some States and parties to arrest and surrender fugitive individuals continues to constitute a “major stumbling block preventing my office from seeking effective justice for the victims”. Among those warranted individuals who remain at large are Mahmoud Mustafa Busayf al-Werfalli, a former commander alleged to have executed 43 civilians, and General Khalifa Haftar, the leader of the Libyan National Army. Arrest warrants against Saif al‑Islam Gaddafi and Al-Tuhamy Mohamed Khaled also remain unexecuted, she said, noting that the latter is alleged to be in Egypt.
Welcoming the strong cooperation of many States and stakeholders, she nevertheless declared: “We find ourselves in an age where powerful forces increasingly aim to undermine the cause of international criminal justice as a continuation of politics by other means.” What is required is greater support for the Court and the international rule of law, not less. “Any act that may undermine the global movement towards greater accountability for atrocity crimes and a ruled-based international order must be avoided,” she warned, urging the Council to stand firmly in advancing the cause of justice.
As delegations delivered virtual remarks, many speakers welcomed the signing of the ceasefire agreement on 23 October and the first meeting of the Libyan Political Dialogue Forum on 9 November. Several underlined the critical need to ensure justice for the most atrocious crimes in Libya, welcoming the Libyan Government of National Accord’s cooperation with the Court to that end. While many speakers called for all States to execute arrest warrants issued by the Court, others expressed deep reservations, voicing concern about the institution’s jurisdiction, impartiality and overall usefulness — both in Libya and elsewhere.
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