Libya has acknowledged the ICC’s authority to investigate war crimes on its territory, as announced by chief prosecutor Karim Khan. Despite not being a party to the ICC, Libyan authorities have committed to cooperating with the court. The ICC has ongoing investigations into crimes committed in Libya since 2011 and has issued warrants for several individuals. However, cooperation from Libyan authorities has been lacking, raising concerns about accountability.
In a significant development, Libya has accepted the authority of the International Criminal Court (ICC) to investigate alleged war crimes on its soil. This announcement came from chief prosecutor Karim Khan on Thursday, noting that Libya is not a signatory to the ICC’s founding treaty yet has recognized its jurisdiction. Khan expressed his strong approval of this decision, highlighting it as a courageous move by Libyan leaders.
Speaking via video to the UN Security Council, Khan revealed progress related to these investigations, addressing what he described as “a black box of suffering on the Mediterranean coast.” He referred specifically to detention centers where alleged abuses, including crimes against migrants and refugees, have occurred. There is a noted commitment from Libyan authorities to work with the ICC, including a call for the transfer of a suspect tied to serious allegations.
Khan particularly emphasized the recent arrest of Osama Elmasry Njeem, a former commander of the now-defunct Special Deterrence Force. Njeem is accused of committing war crimes such as murder, rape, and torture against detainees. Despite his arrest in Italy earlier this year, he was returned to Libya after a brief detention, leading to disappointment among victims, as noted by Khan.
“There was real disappointment amongst victims that Mr. Njeem has been returned to the scene of the alleged crimes,” Khan reiterated, urging Libyan authorities to ensure that he is handed over to the ICC for prosecution. The situation in Libya has been under the ICC’s scrutiny since 2011 when the Security Council referred the case during the conflict that ousted Muammar Qaddafi.
According to Khan, his office plans to finish investigation work in Libya by the end of 2025, after which no new arrest warrants will be sought. The ICC currently has outstanding warrants for twelve individuals linked to crimes related to Libya’s revolution and abuses in detention facilities. While three of those sought have died, eight remain at large. Meanwhile, the case against Abdullah Al Senussi, Qaddafi’s former intelligence chief, has been deemed inadmissible by the court.
Since 2011, Libyan authorities have struggled to arrest or transfer any suspects to the ICC, impeding efforts to achieve justice. The Security Council has yet to take action on previous ICC requests for cooperation from Libya. Khan’s briefing followed recent events involving the US government, including President Donald Trump’s February executive order imposing sanctions on ICC officials, labeling the court as a politicized institution.
In a related context, Washington’s acting alternate representative to the UN, John Kelley, criticized the ICC. He accused it of demonstrating bias against the US and its ally, Israel, asserting that actions taken against the court were counterproductive and harmful to overall goals of accountability for severe crimes. This comes as the ICC has recently approved arrest warrants against Israeli officials over alleged war crimes during operations in Gaza.
The ICC’s recognition by Libya signals a pivotal moment in the pursuit of accountability for war crimes. Although Libya is not a member of the court, the authorities’ willingness to cooperate could pave the way for investigations into grievous acts against migrants and abuses in detention centers. However, challenges persist, especially with no arrests made since 2011 and ongoing geopolitical tensions influencing perceptions of the ICC’s legitimacy.
Original Source: www.thenationalnews.com
