Libya has accepted the ICC’s jurisdiction to investigate war crimes within its territory, despite not being a party to the court’s founding treaty. Chief prosecutor Karim Khan praised this decision, emphasizing Libya’s commitment to cooperate. He has urged the handover of suspects and highlighted ongoing issues with previous investigations. Simultaneously, geopolitical frictions, especially from the U.S. regarding the ICC’s legitimacy, create additional challenges to accountability efforts.
In a significant development, Libya has agreed to let the International Criminal Court (ICC) investigate alleged war crimes within its borders. This move comes despite Libya not being a signatory to the ICC’s founding treaty, a point noted by chief prosecutor Karim Khan on Thursday.
Khan expressed his approval of Libya’s decision, describing it as courageous leadership in accepting the ICC’s jurisdiction over potential war crimes and repression. While addressing the UN Security Council via video link, he remarked on the difficult situation regarding detention centres where severe violations are claimed to have occurred, referring to it as “a black box of suffering on the Mediterranean coast.”
The ICC chief prosecutor emphasized Libya’s commitment to work with the court, particularly in the case of a suspect accused of heinous crimes against migrants and refugees. Khan pointed out the notable arrest earlier this year of Osama Elmasry Njeem, a former commander of a now-disbanded police force. Njeem faces allegations of murder, rape, and torture related to his management of the Mitiga detention centre.
Notably, Njeem was arrested in Italy but released shortly thereafter on procedural grounds, causing disappointment among victims. Khan highlighted the necessity for Libyan authorities to transfer him to the ICC, where he could be held accountable for the stated offenses.
The ICC has been involved in investigations in Libya since 2011, when the case was referred to them amidst the uprising that overthrew dictator Muammar Qaddafi. Khan aims to complete investigations in Libya by the end of 2025, indicating that no further arrest warrants would be issued beyond that date.
Warrants from the ICC have been issued for 12 individuals linked to alleged crimes throughout Libya’s recent history. While three of these individuals have since died, eight remain at large, and the court ruled the case against Qaddafi’s former intelligence chief, Abdullah Al Senussi, as inadmissible.
Unfortunately, Libyan authorities have yet to arrest or transfer any ICC suspects since the investigations began, causing delays in achieving justice. The UN Security Council has not acted on previous requests to ensure better cooperation from Libyan officials.
This briefing from Khan coincided with US President Donald Trump’s executive order imposing sanctions against ICC officials, including Khan himself. The US claims that the ICC is politically biased, particularly against the US and Israel, as stated by John Kelley, the acting alternate representative at the UN.
Kelley denounced the ICC’s actions as illegitimate, stating that Trump’s sanctions would have severe implications for those involved in decisions made by the court. Furthermore, the ICC recently issued warrants for several Israeli officials over allegations of war crimes related to actions taken during the Gaza offensive.
Members of the Security Council, including France, Britain, and several other countries, expressed opposition to the US’s stance, deeming attacks on the ICC as detrimental to the shared goal of ensuring accountability for serious international crimes.
Libya’s recognition of the ICC’s authority represents a notable progression towards accountability for war crimes within the nation, despite its non-party status to the founding treaty. Chief prosecutor Karim Khan’s calls for cooperation highlight ongoing challenges in delivering justice, particularly regarding specific individuals accused of grave crimes. Meanwhile, the geopolitical tensions surrounding the ICC raise questions about future operations and the commitment from various state actors to uphold international legal standards.
Original Source: www.thenationalnews.com
