International Criminal Court investigation in Libya

Last updated
Situation in Libya
International Criminal Court logo.svg
The seal of the International Criminal Court
File no.01/11
Referred by UN Security Council
Date referred26 February 2011
Date opened3 March 2011 (2011-03-03)
Incident(s) First Libyan Civil War
Second Libyan Civil War
Crimes Crimes against humanity:
· Murder
· Imprisonment
· Torture
· Persecution
· Inhumane acts
War crimes:
· Murder
· Torture
· Cruel Treatment
· Outrage upon dignity
Status of suspects
Muammar Gaddafi Deceased
Saif al-Islam Gaddafi Fugitive
Abdullah Senussi Charges dismissed
Tohami Khaled Deceased
Mahmoud al-Werfalli Deceased

The International Criminal Court investigation in Libya or the Situation in Libya is an investigation started in March 2011 by the International Criminal Court (ICC) into war crimes and crimes against humanity claimed to have occurred in Libya since 15 February 2011. [1] The initial context of the investigation was the 2011 Libyan Civil War and the time frame of the investigation continued to include the 2019 Western Libya offensive. [2]

Contents

Initiation

The ICC investigation in Libya was initiated by the February 2011 United Nations Security Council Resolution 1970 [1] in the context of the 2011 Libyan Civil War. The pre-trial chamber judges are Péter Kovács (presiding), Marc Perrin de Brichambaut and Reine Alapini-Gansou. [1]

First Libyan Civil War

Investigations started during the First Libyan Civil War, in 2011, led to several arrest warrants. [3]

Arrest warrants

On 27 June 2011, the ICC issued warrants of arrest for the Libyan head of state, Muammar Gaddafi, for his second son, Saif al-Islam Gaddafi, and for Abdullah Senussi, Muammar Gaddafi's intelligence chief and brother-in-law, married to Muammar Gaddafi's sister-in-law, for murders and persecution of unarmed civilians as crimes against humanity under Articles 7(1)(a) and 7(1)(h) of the Rome Statute. The case against Muammar Gaddafi was closed by the ICC shortly after his death. [3]

As of 9 May 2018, the ICC had outstanding warrants for the arrest of Tohami Khaled, former head of the Internal Security Agency of Libya during the final years of the Muammar Gaddafi government; and of Saif al-Islam Gaddafi, both of whom were believed by the ICC to remain at large. [4] Saif al-Islam Gaddafi had been captured in Zintan in 2014 and rumoured to have been released in June 2018. [5]

The ICC claims against Abdullah Senussi were concluded in July 2014 on the grounds that his case was being tried in Libyan courts [3] and as of 9 May 2018, continued to monitor the progress of the Libyan legal proceedings against him. [4]

Second Libyan Civil War

Investigations by the ICC continued during the Second Libyan Civil War, which started in 2014. [4]

In April 2019, during the 2019 Western Libya offensive, ICC Chief Prosecutor Fatou Bensouda stated that both those directly committing war crimes in Libya during the conflict and their commanders would be liable to prosecution by the ICC, including anyone "ordering, requesting, encouraging or contributing in any other manner to the commission of crimes within the jurisdiction of the Court". [6] Prime Minister Fayez al-Sarraj of the Tripoli-based Government of National Accord (GNA) stated on 17 April that the GNA would provide documentation to the ICC regarding the 16 April Grad shelling of residential areas [7] that killed at least seven people and wounded 17, [8] for which he attributed responsibility to Khalifa Haftar, leader of the Tobruk-based Libyan National Army (LNA). [9] On 2 May, a spokesperson for the GNA, Muhanad Younis, stated that administrative responsibility had been allocated for documenting war crimes during the Western Libya offensive and providing the documentation to the ICC. [10]

Arrest warrants

As of 6 April 2019, the ICC had two outstanding warrants for the arrest of LNA commander Mahmoud al-Werfalli, for involvement in seven alleged executions in and near Benghazi of 33 people during June 2016 to July 2017 [11] and for allegedly executing ten people "in front of a cheering crowd" in Benghazi between 23 and 25 January 2018. [4] As of November 2017, the LNA had claimed that al-Werfalli had been arrested and was being investigated by military authorities, while the ICC believed that he was not under arrest and was commanding the al-Saiqa brigade of the LNA. [4] In February 2018, information about al-Werfalli's arrest status was unclear, and an Interpol red notice for his arrest was issued. [4] On 15 June 2022, the ICC dropped its case against al-Werfalli, more than a year after he was killed in Benghazi. [12]

Related Research Articles

<span class="mw-page-title-main">Saif al-Islam Gaddafi</span> Son of former Libyan leader Muammar Gaddafi (born 1972)

Saif al-Islam Muammar al-Gaddafi is a Libyan political figure. He is the second son of the late Libyan leader Muammar Gaddafi and his second wife Safia Farkash. He was a part of his father's inner circle, performing public relations and diplomatic roles on his behalf. He publicly turned down his father's offer of the country's second highest post and held no official government position. According to United States Department of State officials in Tripoli, during his father's reign, he was the second most widely recognized person in Libya, being at times the de facto prime minister, and was mentioned as a possible successor, though he rejected this. An arrest warrant was issued for him on 27 June 2011 by the International Criminal Court (ICC) for charges of crimes against humanity against the Libyan people, for killing and persecuting civilians, under Articles 7(1)(a) and 7(1)(h) of the Rome statute. He denied the charges.

Ayesha Gaddafi, also known as Aisha Gaddafi, is a Libyan former mediator and military official, former UN Goodwill Ambassador, and lawyer by profession. She is the fifth child and only biological daughter of former Libyan Leader Muammar Gaddafi and his second wife Safia Farkash.

<span class="mw-page-title-main">International Criminal Court investigations</span> Investigations by the International Criminal Court

The International Criminal Court has opened investigations in Afghanistan, the Central African Republic, Côte d'Ivoire, Darfur, Sudan, the Democratic Republic of the Congo, Kenya, Libya, Uganda, Bangladesh/Myanmar, Palestine and Venezuela. Additionally, the Office of the Prosecutor conducted preliminary examinations in situations in Bolivia, Colombia, Guinea, Iraq / the United Kingdom, Nigeria, Georgia, Honduras, South Korea, Ukraine and Venezuela. Preliminary investigations were closed in Gabon; Honduras; registered vessels of Comoros, Greece, and Cambodia; South Korea; and Colombia on events since 1 July 2002.

<span class="mw-page-title-main">Libyan Air Force</span> Air warfare branch of Libyas armed forces

The Libyan Air Force is the branch of the Libyan Armed Forces responsible for aerial warfare. In 2010, before the Libyan Civil War, the Libyan Air Force personnel strength was estimated at 18,000, with an inventory of 374 combat-capable aircraft operating from 13 military airbases in Libya. Since the 2011 civil war and the ongoing conflict, multiple factions fighting in Libya are in possession of military aircraft. As of 2019 the Libyan Air Force is nominally under the control of the internationally recognised Government of National Accord in Tripoli, though the rival Libyan National Army of Marshal Khalifa Haftar also has a significant air force. In 2021, the air force is under command of the new President of Libya, Mohamed al-Menfi that replaced Fayez al-Sarraj.

Abdullah Senussi is a Libyan national who was the intelligence chief and brother-in-law of Colonel Muammar Gaddafi. He was married to Gaddafi's sister-in-law.

<span class="mw-page-title-main">Khalifa Haftar</span> Libyan Field Marshal leader of LNA (born 1943)

Field Marshal Khalifa Belqasim Haftar is a Libyan politician, military officer, and the commander of the Tobruk-based Libyan National Army (LNA). On 2 March 2015, he was appointed commander of the armed forces loyal to the elected legislative body, the Libyan House of Representatives. He also holds US citizenship.

<span class="mw-page-title-main">Silvia Fernández de Gurmendi</span>

Silvia Alejandra Fernández de Gurmendi is an Argentine lawyer, diplomat and judge. She has been a judge at the International Criminal Court (ICC) since 20 January 2010 and President of the ICC from March 2015 to March 2018. She was elected to the presidency for a three-year term and served until March 2018. In 2020 she was elected to serve as President of the Assembly of States Parties to Rome Statute of the International Criminal Court for the twentieth to twenty-second sessions (2021-2023).

The Libyan Armed Forces or the Libyan Arab Armed Forces are, in principle, the state organisation responsible for the military defence of Libya, including ground, air and naval forces.

<span class="mw-page-title-main">Libyan National Army</span> Military unit

The Libyan National Army or the Libyan National Arab Army is a component of Libya's military forces which were nominally a unified national force under the command of Field Marshal Khalifa Haftar when he was nominated to the role on 2 March 2015 by the House of Representatives, consisting at the time of a ground force, an air force and a navy.

<span class="mw-page-title-main">Libyan Special Forces</span> Elite Libyan National Army unit

The Libyan Special Forces (LSF), are an elite Libyan National Army unit, formed from a mixture of paratroopers, paramilitary forces and commandos. Prominent LSF commander Mahmoud al-Werfalli was indicted in 2017 and 2018 by the International Criminal Court for the war crime of murdering and ordering the murders of non-combatants, remaining at large as of 6 April 2019.

<span class="mw-page-title-main">Second Libyan Civil War</span> 2014–2020 multi-sided civil war in Libya

The Second Libyan Civil War was a multilateral civil war that lasted from 2014 to 2020 in the North African country of Libya fought between different armed groups, mainly the House of Representatives (HoR) and the Government of National Accord.

<span class="mw-page-title-main">Libyan Crisis (2011–present)</span> Conflicts in Libya from 2011 onwards

The Libyan Crisis refers to the current humanitarian crisis and political-military instability occurring in Libya, beginning with the Arab Spring protests of 2011, which led to a civil war, foreign military intervention, and the ousting and death of Muammar Gaddafi. The civil war's aftermath and proliferation of armed groups led to violence and instability across the country, which erupted into renewed civil war in 2014. The crisis in Libya has resulted in tens of thousands of casualties since the onset of violence in early 2011. During both civil wars, the output of Libya's economically crucial oil industry collapsed to a small fraction of its usual level, with most facilities blockaded or damaged by rival groups, despite having the largest oil reserves of any African country. On October 23, 2020, parties signed a permanent ceasefire.

This is a detailed timeline of the Second Libyan Civil War which lasted from 2014 to 2020.

Tohami Mohamed Khaled was the head of the Internal Security Agency of Libya during the final years of the government of Muammar Gaddafi. He was indicted in the International Criminal Court in 2013 on charges of crimes against humanity and war crimes allegedly committed during the Libyan Civil War in 2011.

Mahmoud Mustafa Busayf al-Werfalli was a Libyan general, commander in al-Saiqa, an elite unit of the Libyan National Army, one of the warring factions in Libya's civil war since 2014. Al-Werfalli was indicted in 2017 in the International Criminal Court for the war crimes of murder and ordering the murder of non-combatants under article 8(2)(c)(i) of the Rome Statute. As of 6 April 2019, the ICC had two outstanding warrants for al-Werfalli's arrest. He was assassinated on 24 March 2021 in Benghazi.

<span class="mw-page-title-main">Southern Libya offensive</span>

In late January 2019, the Libyan National Army (LNA) led by Marshal Khalifa Haftar launched an offensive to take control of the city of Sabha and the rest of southern Libya from the internationally recognised Government of National Accord (GNA) and local factions. Officially, the LNA announced that the reason for the operation was to remove terrorists, Chadian rebel groups, and to secure the border, but it has expanded Haftar's territorial control and acquired him oil fields near Sabha. It has also restarted some interethnic conflicts as the LNA has allied with local Arab tribes, while the Tuareg and Toubou tribal militias are loyal to the GNA.

<span class="mw-page-title-main">Western Libya campaign</span> Military Campaign in Western Libya

The Western Libya campaign was a military campaign initiated on 4 April 2019 by the Operation Flood of Dignity of the Libyan National Army, which represents the Libyan House of Representatives, to capture the western region of Libya and eventually the capital Tripoli held by the United Nations Security Council-recognised Government of National Accord. The Government of National Accord regained control over all of Tripoli in June 2020 and the LNA forces withdrew from the capital, after fourteen months of fighting.

This is the order of battle for the Western Libya campaign, codenamed "Operation Flood of Dignity" by forces under Field Marshal Khalifa Haftar. The forces supporting Haftar and the House of Representatives, mainly the Libyan National Army, are opposed by the armed forces of the forces loyal to the Government of National Accord, including the Libyan Army and the Tripoli Protection Force.

Tayeb el-Safi is a Libyan political operative. He briefly served as Minister of Economy & Trade and was one of the closest aides of former Libyan leader Muammar Gaddafi during the Libyan Civil War. In the 1980s, he had several international postings, primarily in Europe, at a time when many anti-Gaddafi dissidents were being assassinated extrajudicially abroad as a result of Gaddafi's "stray dog" policy.

References

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  2. Assad, Abdulkader (2019-04-12). "Germany urges Haftar to stop Tripoli attack, ICC vows to prosecute war criminals". Libya Observer. Archived from the original on 2019-04-11. Retrieved 2019-04-12.
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  4. 1 2 3 4 5 6 The Office of the Prosecutor (2018-05-09). "Fifteenth report of the prosecutor of the International Criminal Court to the United Nations Security Council pursuant to UNSCR 1970 (2011)" (PDF). International Criminal Court. Archived (PDF) from the original on 2019-04-14. Retrieved 2019-04-09.
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  7. "Late night shelling in Tripoli as Europe, Gulf divided over..." Reuters. 16 April 2019. Archived from the original on 30 April 2019. Retrieved 16 April 2019.
  8. Laessing, Ulf; Elumami, Ahmed (17 April 2019). "Shells kill seven in Tripoli neighborhood as Haftar's two-week siege rages". Thomson Reuters . Retrieved 19 April 2019.
  9. "Al-Sarraj vows to urge for Haftar's indictment at ICC". The Libya Observer. 1 April 2019. Archived from the original on 18 April 2019. Retrieved 19 April 2019.
  10. Zaptia, Sami (2019-05-03). "Over 2,400 children receive psychosocial support for war trauma as Serraj spokesperson deplores UNSMIL and Salame's poor conflict resolution efforts". Libya Herald. Archived from the original on 2019-05-04. Retrieved 2019-05-03.
  11. "Libya: Threat of Tripoli Fighting Raises Atrocity Concerns — Hiftar's Forces, Rival Militias Have History of Abuses". Human Rights Watch. 6 April 2019. Archived from the original on 9 April 2019. Retrieved 9 April 2019.
  12. "International court drops case against slain Libyan general". The Associated Press . 15 June 2022. Retrieved 15 June 2022.