At Security Council, Prosecutor Calls Road Map to Complete Investigations into Crimes in Libya ‘Impactful, Meaningful to Advance’ Victims’ Rights to Justice
In the Security Council today, the International Criminal Court presented a road map to complete its investigations into crimes committed in Libya by the end of 2025, with some delegates expressing doubt about the timeline.
“The road map is something that the victims of Libya can look to as not hot air, not spin but something impactful and meaningful to advance their right to justice,” said Prosecutor Karim Khan in his biannual briefing to the 15-member organ, outlining a set of activities in the next 18 months and beyond in two key phases.
Noting that from May 2024 to the end of 2025 is dedicated to completing investigations, he said that his Office will forge ahead with additional arrest warrants and support national proceedings and expects at least one trial to commence during this period, which will be followed by the “judicial and complementarity phase” with a greater focus on arrests and tracking of fugitives to ensure multiple trials. In parallel, his Office will deepen its engagement with the authorities of Libya and other States, to complement each other’s work and for better burden-sharing.
When the floor opened to comments, the road map received mixed reactions. “The presentation of the road map is a decisive milestone in this Council’s involvement in Libya,” said Ecuador’s representative, recalling that the Council referred the situation in that country to the Court 13 years ago.
Agreeing, the representative of the Republic of Korea said that “if done successfully, the completion of the investigation would once again deliver the message to the world that no perpetrators of heinous crimes will be left with impunity.” However, civil society partners assert that the investigation should extend beyond 2025, he noted, stressing that the concerns underlying this assertion should not be neglected.
Among those critical of the Court’s work was the representative of the Russian Federation, who rejected its “politicized acts”. This “puppet body”, which openly serves the interests of Western States, has “absolutely nothing to do with justice”, he said.
Libya’s delegate voiced regret that the Prosecutor’s road map does not mention crimes regarding the mass graves discovered in Tarhuna — one of the worst atrocities in Libya in modern times. “No arrest warrants were issued against the suspects,” he deplored. If the Court does not prioritize this case — despite all the evidence — “what is the point of Libya remaining under its tutelage?” he inquired, adding: “After 13 years, 27 reports and dozens of visits, what have you provided to us? Where are the results?”
The representative of the United States commended “the extraordinary dedication” of the Court’s staff and the sustained efforts to investigate and prosecute those most responsible for the heinous atrocities in Libya, declaring: “Resolving political uncertainty and promoting accountability will go a long way towards addressing the chronic instability in Libya, including the mobilization of armed groups.”
Briefing
KARIM KHAN, Prosecutor of the International Criminal Court, detailed how his Office, together with the Security Council, has revitalized the Court’s work on Libya since his first briefing in November 2021, recalling that “for too long I believed that the situations in Libya and Darfur had been allowed to drift”. Indeed, the last 18 months saw reinvigorated work, including presenting a renewed strategic vision in April 2022 and introducing benchmarks to measure progress. In just the last six months, his Libya team has completed over 18 missions and collected over 800 items of evidence including important audio and video material.
He then presented a road map for completing investigations, stating: “We’re not gradually foreshadowing a curtailing of our work.” Rather, it isa positive, dynamic vision for fulfilling his Office’s mandate, as it details a set of activities in the next 18 months and beyond in two key phases. From May 2024 to the end of 2025 is dedicated to completing investigations. His Office will forge ahead with additional arrest warrants and support national proceedings. Based on this reinvigorated approach, at least one trial should commence before the end of 2025. This period will be followed by the “judicial and complementarity phase”, he said, with a greater focus on arrests and tracking to ensure multiple trials. In parallel, his Office will deepen its engagement in complementarity activities both with the authorities of Libya and other States. “The road map is something that the victims of Libya can look to as not hot air, not spin but something impactful and meaningful to advance their right to justice,” he said, adding: It presents an opportunity to meaningfully implement resolution 1970 (2011).
However, delivering on the road map requires ongoing and improved cooperation with Libya, he said, welcoming recent positive developments, including multiple entry visas issued to his team and the completion of an official high-level visit by the Deputy Prosecutor and her meeting with the Attorney General of Libya. He said he is opening an office in Tripoli to deepen cooperation. Calling for a paradigm shift in partnership between and among States, the Council, Libya and his Office, he stressed that “for the law to be allowed to breathe[…], we need to understand that the Rome Statute, the Geneva Conventions, customary international law and the UN Charter are part of the tapestry of civilization that will allow us to survive this present inclement weather, this present perilous moment that we’re facing.” The rule of law must apply in Libya, as it must in every other situation. Appealing to the Council, he said that “we can only do that with your help, support and solidarity.”
Statements
The representative of Switzerland welcomed progress made in the collection and analysis of evidence concerning crimes committed in detention centres; assistance provided to third-party States in national trials relating to crimes against migrants; and the emphasis placed on psychosocial support for victims, as well as medical and security assistance for witnesses. Noting the development of a road map to complete the investigation phase, she said it is essential that any implementation thereof be done in close consultation with all stakeholders — including victims and survivors. “We note that planning for the completion of investigations does not mean a reduction in the Office’s activities, but rather an intensification of investigative efforts,” she added. Calling for the immediate cessation of all attempts to obstruct, intimidate or unduly influence Court officials, she said that such attacks on the Court’s administration of justice are prohibited by the Rome Statute.
The representative of Japan welcomed the road map towards the completion of the investigative phase concerning the situation in Libya as it includes a significant activity plan for the next 18 months, including the Court’s intensified support for multiple prosecutions in domestic courts. Amid rising instability in the region, the humanitarian and human rights situation in Libya remains distressing, she observed, underscoring the need to ensure that the Court works closely with affected communities and deepens partnerships with States, civil society, and regional and international organizations during the process of completing the investigative phase to achieve accountability. She also stressed the critical importance of continued and substantial engagement with these groups — including victims — during the subsequent stages of the judicial and complementarity processes to realize justice despite the political stalemate. “The successful completion of the investigative phase should improve justice under the rule of law and push forward the fight against impunity,” she stated.
The representative of the United Kingdom welcomed the Deputy Prosecutor’s visit to Tripoli and Tunis in April 2024 to engage with victim groups directly, noting that the road map outlines “a clear pathway for the completion of the investigative phase”. To achieve the objectives set out in the road map, active cooperation from the Libyan authorities will remain necessary, he asserted, noting that collaboration with Libya has improved significantly during the reporting period. However, sustained cooperation will be required to support the completion of the investigative phase by the end of 2025 and to ensure success thereafter. He also welcomed the plan to establish a liaison office in Tripoli, as this will support the transition from the investigative phase, facilitate information sharing, and further consolidate the partnership between Libya and the Office of the Prosecutor.
The representative of the United States commended “the extraordinary dedication of the Court’s staff and the sustained efforts to investigate and prosecute those most responsible for the heinous atrocities committed against the Libyan people and individuals who find themselves on Libyan territory since February 2011”, calling on the national authorities to do more to support and advance global accountability efforts and enhance cooperation with the Court. Former senior officials of the Qadhafi regime, such as Saif al-Islam Qadhafi, who is still subject to a Court arrest warrant on charges of crimes against humanity, must face justice. “Resolving political uncertainty and promoting accountability will go a long way towards addressing the chronic instability in Libya, including the mobilization of armed groups,” he said, warning that human rights violations and abuses will continue unless meaningful steps are taken to resolve these issues and promote accountability. A critical step towards peace and stability is the withdrawal of all armed groups and mercenaries from Libya without further delay, he asserted.
The representative of Slovenia observed: “Erosion of compliance with the rule of law is putting in question not only the relevance of the Security Council, but the international order built with the UN Charter and international law at its centre.” He therefore expressed support for the Court and its Prosecutor, underscoring that the Court must be able to carry out its mandate independently, impartially and without outside interference. He welcomed the Prosecutor’s significant engagement with victims’ associations and civil society, as well as with Libyan authorities. Noting positive developments in that regard, he said: “The completion of the investigative phase by the end of 2025 depends on cooperation from the Libyan side.” He also welcomed the Prosecutor’s intention to continue engagement with victims after the investigation is completed, and underlined the need to ensure adequate financial and human resources so that the Court and its Prosecutor can carry out their mandate.
The representative of France, underscoring that the fight against impunity for crimes committed in Libya will only be possible through active cooperation between the Court and national authorities, welcomed the Prosecutor’s visit to Tripoli in April. Also, full access to Libyan territory is “an essential condition” in implementing the mandate entrusted by this Council to the Court, she observed, welcoming that the Libyan authorities have issued multiple entry visas to certain Court representatives. “The most serious crimes committed in Libya since 2011 must all be investigated and prosecuted, including crimes committed by Da’esh, as well as crimes against migrants and refugees,” she stated. Voicing concern about arbitrary detentions, inhumane detention conditions, enforced disappearances and sexual violence, she asserted that anyone who incites or commits such crimes must be subject to prosecution. Welcoming the Prosecutor’s cooperation with States and international and regional organizations, she encouraged his Office to ensure that victims will be consulted and involved in the implementation of the strategy for completing its investigations in Libya.
The representative of Malta underlined that the endeavour to complete investigations by the end of 2025 should be sensitive to victims’ needs and their right to justice. Commending the positive momentum concerning engagement with the Libyan authorities, including the recent visits of the Office and the issuance of multiple entry visas, she said such cooperation is essential to implementing the Court’s road map and complementarity activities with Tripoli. She recognized the deepening of engagement with civil society, including recent meetings of the Deputy Prosecutor with victims’ groups in Tripoli and Tunis, encouraging the Court to maintain a meaningful consultative process towards the completion of investigations — “a process that involves listening to the voices of victims, survivors, their families and the affected communities”.
The representative of China, noting that his country’s position on the Court’s work in Libya “remains unchanged”, expressed hope that the Court will strictly abide by the principle of complementarity enshrined in the Rome Statute, fully respect the judicial sovereignty and legitimate views of the countries concerned and maintain close communication and cooperation with the Libyan authorities. Achieving peace and security in Libya is a prerequisite for delivering justice, he stressed, calling on the international community to support intra-Libyan dialogue, promote political transition and avoid imposing external solutions. And the Court, when carrying out its Libya-related activities, should “contribute to strengthening solidarity and unity among Libyans and avoid amplifying differences and tensions”. While adding that Beijing supports the punishment of the most serious international crimes, he called on the Court to exercise its powers in accordance with the law, avoid double-standards and “effectively safeguard international equity and justice”.
The representative of Algeria, noting that “accountability should be a compass that guides the international community”, observed that Libya has gone through instability for more than 13 years, which “has exhausted the Libyan people” and weakened the country’s institutions. However, he stated, “what is taking place in Libya is a shared responsibility,” including by those who have been pursuing their influence there. Turning to the grim situation on the ground, he said migrants and refugees find themselves victims of human trafficking, while the continued flow of arms is prolonging the crisis and violence. He welcomed the constructive cooperation between Libya and the Court, based on the principle of complementarity, also noting that technical criminal prosecution work should be based on evidence and not politicized. Warning against double standards, he expressed hope that the Court will also take a serious approach vis-à-vis the situation in Gaza and the Occupied Palestinian Territory — “this is necessary for the International Criminal Court to demonstrate that it is not a tool used by some members of the international community to threaten whoever they want, whenever they want.”
The representative of the Republic of Korea welcomed the Office’s submission of a road map to complete the investigation phase by the end of 2025. “If done successfully, the completion of the investigation would once again deliver the message to the world that no perpetrators of heinous crimes will be left with impunity,” he said. However, the Office owes further explanations on how it intends to complete its investigation of crimes against humanity in Libya, where there are no signs of abatement. Civil society partners assert that the investigation should extend beyond 2025, and the concerns underlying this assertion should not be neglected. He asked the Office to incorporate their perspectives in its completion strategy and to share the update in the next reporting phase.
The representative of Guyana welcomed the significant landmarks achieved during the reporting period despite challenges relating to the complex political landscape and security situation in Libya, as well as resource constraints. Underscoring that cooperation is essential to the Court’s work across the investigative, prosecutorial and judicial phases, she welcomed increased collaboration between the Libyan authorities and the Prosecutor’s Office and noted Tripoli’s willingness to discuss engagement with the Office beyond the investigative phase “in the context of complementarity activities”. Crimes against migrants are concerning, she went on to say, underlining the importance of the Office’s support to domestic authorities in investigating such crimes. She also expressed concern over the security situation’s impact on the Court’s investigative activities, called for additional resources to support the Court’s work and stressed that the Court and its officials must be able to function free from threats and intimidation.
The representative of Sierra Leone commended the Prosecutor’s efforts in implementing the Court’s renewed investigative strategy, noting “significant progress” in addressing crimes committed between 2014 and 2020, focusing on detention crimes and crimes against migrants, and providing support for victims and witness security. While welcoming the efforts made so far by the Court, he emphasized the importance of upholding its impartiality and independence to enable it to carry out its mandate effectively. To this end, he called for adequate human and financial resources commensurate with the Court’s responsibilities and functions. Additionally, he expressed deep concern over the public statements made by some States relating to investigations being carried out in situations before the Court. “The statements are deeply regrettable and seen as threats or attempts to undermine the independence, integrity and impartiality of the Court,” he cautioned.
The representative of Ecuador said that despite the political and security situation in Libya and the budgetary limitations faced by the Office, notable progress has been made towards the objectives of the renewed strategy presented two years ago. Recalling that the Council referred the situation in Libya to the Court 13 years ago, Quito welcomed with interest the road map presented by the Prosecutor. Its successful implementation will require intensive interaction with national authorities based on the principle of complementarity. “The presentation of the road map is a decisive milestone in this Council’s involvement in Libya,” he said, stressing: “Its implementation will contribute to national reconciliation by promoting the rule of law and combating impunity”.
The representative of the Russian Federation said that his country’s position regarding the “unacceptability of the politicized acts of the so-called International Criminal Court” remains unchanged, stressing that there is “no point to having a representative of this puppet body, which openly serves the interests of Western States, present in this Chamber”. He added: “The ICC has absolutely nothing to do with justice.” Noting that the Court’s investigation of the situation in Libya has taken 14 years, he recalled that the Nuremberg tribunal took less than two years to conclude its activities. The “bottom line” for the Council, he stressed, should be that the Court has “become complicit in the destruction of Libya’s Statehood”, as well as in impunity for the perpetrators of those crimes. Further, the Court’s keenness on sealed warrants raises fair-trial concerns, and is also useful for imitating vigorous activity and interfering in the peace process. “After all, we all know who holds the remote control for this so-called Court,” he said.
The representative of Mozambique, Council President for May, spoke in his national capacity to underscore the need for the Court “to expedite its efforts to deliver tangible results for the Libyan people by completing investigations”. The victims of the horrendous crimes committed on Libyan territory deserve justice, and the delivery thereof must be part of the healing process for victims and those affected — not serve to perpetuate the suffering of the country’s people. Cooperation plays a pivotal role and, to this end, he welcomed the Office’s positive engagement with the Libyan authorities and encouraged both to continue working in partnership in line with the principle of complementarity enshrined in the Rome Statute. In that context, he welcomed the Office’s launch of a policy paper on complementarity and cooperation and expressed hope that its implementation will bring tangible results in relation to accountability processes in various countries.
The representative of Libya, associating himself with Algeria, underscored that “the situation in Libya today cannot be looked at in isolation from the magnitude of foreign interferences and their direct effect on the country for the past 14 years”. The latest visit between the Prosecutor and the Attorney General was based on enhancing cooperation to investigate the atrocities committed in the country, including the crimes committed in Tarhuna. “Justice on Libyan soil is a sovereign duty,” he asserted, noting that his country’s cooperation with the Court is complimentary to the national judiciary and “never a substitute thereof”. The Prosecutor’s report outlined a strategy based on investigating the crimes in detention facilities and the crimes committed against migrants. The report indicates that the Office seeks to complete the investigations in these tracks by 2025 and then prepare a trial regarding arrest warrants issued by the Court. The Office will not issue more arrest warrants when the investigation is completed. “Does that mean that — after all these years, all these investigations and field visits and evidence — we will not see any tangible results?” he asked.
On the mass graves discovered in Tarhuna — one of the worst atrocities in Libya in modern times — he voiced regret that those involved have not been determined by the Court yet, despite its team visiting this site multiple times. “No arrest warrants were issued against the suspects, and there is no mention of the Tarhuna crimes in the Prosecutor’s road map or strategy — does this mean that investigations have been completed?” If the Court does not give utmost priority to this case — despite all the evidence — “what is the point of Libya remaining under its tutelage?” he inquired, adding: “After 13 years, 27 reports and dozens of visits, what have you provided to us? Where are the results?” Turning to the situation in Gaza, he urged the Court to issue arrest warrants against the Israeli officials. Witnessing the crimes against humanity perpetrated in the Gaza holocaust, “what are you waiting for, Mr. Khan? The world is wondering — do you need more evidence?” he stated, citing this as “the actual test of the International Criminal Court”.
Responding to comments by delegates, Mr. Khan said to the representative of Libya that Council referrals cannot be a never-ending story. The law can provide shelter for people who often have no shelter and are exposed to hate and division. This gave rise to the strategic plan. On the issue of “forced wait”, apart from victims, nobody wants tangible results more than the Court. The goal of closing the investigative stage by the end of 2025 is “based on where we are, what we’ve done and the new approach”. He is driven by the Rome Statute to ensure the law applies.
He then reassured the representative of the Russian Federation that he and his Office would not be swayed by threats to stand down and cease. “We have a duty to stand up for justice, to stand up for victims.” He is cognizant of Goliath with power and influence in this room. “All I can do or say is that we will stand up, to the best of our ability, to apply the law with integrity and independence,” he declared.