As Criminal Court Prosecutor Accelerates Work, Libya Must Be Prepared to Carry Out Credible, Effective Proceedings at National Level, Delegate Tells Security Council
In a briefing to the Security Council today, the Prosecutor of the International Criminal Court (ICC) underscored the Libyan Government’s stated commitment to cooperate with the Court and pursue justice for its people, while urging the handover of a suspect alleged to have committed grave crimes against detainees — including migrants and refugees.
“We’ve also had some significant, I believe, truly positive developments with the engagement of the Government of Libya,” said Prosecutor Karim Khan, speaking via videoconference, noting that the Registrar of the International Criminal Court confirmed receipt of a declaration by Libya pursuant to Article 12(3) of the Rome Statute — a provision that allows a State that is not a party to the Statute to accept the jurisdiction of the Court for a particular situation.
Mr. Khan welcomed Libya’s declaration by which the country accepted the exercise of the Court’s jurisdiction from 2011 until the end of 2027. “This declaration received today represents a profound step to a renewed platform for collective action between the ICC and Libya in pursuit of justice,” he said.
The Court — established by the Statute, which was adopted in 1998 and entered into force in 2002 — investigates and prosecutes individuals for the most serious offenses against the international community — namely genocide, war crimes, crimes against humanity and the crime of aggression.
The Court has been investigating crimes committed in Libya, both during the 2011 crackdown on civilian protesters by the Government of Muammar Qadhafi, and in the period following the leader’s fall. The country has remained unstable, with armed groups, militias and rival governments competing for power.
Detailing the Office of the Prosecutor’s work on its Libyan file in the last six months, Mr. Khan highlighted progress made on opening “a black box of suffering on the coast of the Mediterranean that nobody has wanted to open” — a reference to detention facilities where crimes have allegedly been committed.
He said that the Court’s investigations into these crimes have been methodical and have drawn on multiple, interconnecting sources of evidence, including direct testimonials from victims and witnesses who have survived their times at these sites, and forensic evidence of injuries incurred in detention.
Evidence also includes direct video and audio footage showing these crimes being committed, whose authenticity has been verified through new technological systems; reports of the United Nations, Independent Fact-Finding Mission on Libya, Panel of Experts on Libya and many reports of civil society organizations documenting such crimes; official documents; open-source material, including social media; and satellite imagery showing movements at sites and the expansion of locations.
Turning to the case of Osama Elmasry Njeem, who oversaw those prison facilities, the Prosecutor noted that the suspect was arrested by Italian authorities on 20 January, based on a Court-issued arrest warrant. “For the first time, we saw the potential for some sunlight to reach those sites, for some truth to emerge, to show the world what is happening and to give hope to the victims of crimes that we say are being committed,” he said. However, that hope soon turned to frustration when Mr. Njeem was returned by Italy to Libya, where he is alleged to have committed crimes against humanity and war crimes, including murder, torture and persecution at Mitiga Prison.
The Prosecutor encouraged Libyan authorities to hand over Mr. Njeem to the Court so that he can stand trial for the alleged crimes.
The representative of Guyana welcomed the issuance of arrest warrant for Mr. Njeem as “a significant step” towards holding perpetrators to account and seeking justice for the victims in Libya. Slovenia’s delegate expressed regret over Mr. Njeem’s return to Libya. “This prompts the question of what message it sends to victims and perpetrators,” she wondered.
“From Sierra Leone’s own national experience, we know that impartial justice can heal societies and advance national reconciliation,” said the country’s speaker, adding that the decision to return Mr. Njeem to Libya is concerning and has understandably caused dismay among victims’ communities. “When suspects of atrocity crimes walk free, confidence in justice and the rule of law is gravely eroded,” he warned, urging all Member States to fully cooperate in tracking suspects, preserving evidence and supporting the Court’s work.
Italy’s representative explained that its decisions to release and subsequently deport Mr. Njeem to Libya were based not only on domestic security concerns, but also on the principle of complementary of the Court’s criminal jurisdiction — one of the pillars of the Rome Statute. Italy did not fail to abide by the obligation to cooperate with the Court, he said, noting that his country is a strong supporter of and the fifth largest contributor to the Court.
On that, Libya’s delegate, noting complementarity between the Court’s mandate and domestic jurisdiction, stressed: “Positive cooperation between our judicial systems and international organizations and institutions is the best way of ensuring the rights of victims and arriving at sustainable justice.” Agreeing on the importance of such cooperation, Somalia’s speaker added that “Libyan leadership in addressing justice must take precedence, supported by regional and African mechanisms.”
Similarly, Algeria’s delegate argued that the Court’s jurisdiction in Libya should be “practised in line with the principle of complementarity” with national judicial authorities. “Libya is not a wrestling arena,” he stressed, spotlighting its potential to become a “factor of stability and balance” in North Africa, the Mediterranean basin and the continent as a whole.
The representative of Greece, Council President for May, spoke in his national capacity to state that the Libyan authorities’ engagement with the Court is “promising”. However, the degree of assistance from national authorities to support the Court’s arrest warrants, surrender requests and investigations “remains below the expected levels”. He observed: “Yet, cooperation of the authorities remains a key factor in the acceleration of the investigations and in meeting the timely conclusion of the investigation phase.”
As the Prosecutor’s Office accelerates its investigations and approaches the conclusion of the investigative phase, Libya must be prepared to carry out credible and effective prosecutions and proceedings at the national level, stated the Republic of Korea’s speaker. The representative of the United Kingdom highlighted his Government’s close engagement with the Court, including by freezing Mr. Njeem’s bank accounts.
Several Council members questioned the Court’s impartiality. The representative of the Russian Federation, noting the Court’s continued investigation of Mr. Khan’s sexual offence allegations, insisted that the Prosecutor’s activities be suspended. She also said that the Court, which claims to be universal, has become an instrument of the collective West to exert political pressure on undesirable countries. Many cases simply fell apart at the investigation stage due to low-quality evidence, which is custom-made and carelessly fabricated, she added.
Her counterpart from the United States also expressed concern that the Court has become “a politicized, anti-American and anti-Israeli institution”. The Court’s work should help facilitate the political process in Libya, “instead of creating new antagonism and obstacles”, said China’s delegate, adding that it should apply international law equally and avoid “double standards and exceptionalism”.
“We hope that the Office of the Prosecutor will maintain its independence and impartiality while carrying out its work,” Pakistan’s delegate said, underscoring that “a Libyan-led and Libyan-owned process is the only path towards sustainable peace and stability”.
France was among those who voiced unequivocal support for the Court, with its delegate emphasizing that the Prosecutor’s Office has acted with effectiveness and full respect to the principles of independence and impartiality. Welcoming the progress made in finalizing the investigation stage, he noted that, over the last six months, “we have seen 20 missions successfully conducted, and 700 pieces of evidence collected, including video and audio”.
Drawing attention to the recent escalation of hostilities in Tripoli, Denmark’s delegate observed: “These events demonstrate that continued impunity for international crimes will only fuel further instability and violations in Libya” — a view echoed by Panama’s speaker, who declared: “There can be no lasting peace without effective accountability mechanisms.”
On the issue of Mr. Khan — sanctioned by the United States — being prevented from attending today’s meeting in person, several Council members reminded the United States of its responsibility, as a party to the UN Host Country Agreement, to facilitate the participation of invited UN officials.