ICC chief prosecutor says office is finalising cases linked to Libya crimes

Court has already issued arrest warrants for six militia members accused of war crimes

ICC prosecutor Karim Khan. AFP

The International Criminal Court's chief prosecutor said on Tuesday that his office is finalising cases linked to crimes committed in Libya between 2014 and 2020, pledging imminent action.

Karim Khan told the UN Security Council said his office is moving expeditiously in relation to investigations into detention facility crimes.

“In the next reporting period, there will be further applications for warrants for the arrest of individuals relating to these inquiries,” Mr Khan said by video from Libya, where he is working to advance discussions on recent developments in the court's inquiry into atrocities attributed to militias in the conflict-ridden nation.

Mr Khan called on the international community to “help us arrest them and bring them to justice”. The prosecutor reaffirmed his office's commitment to collaborating with Libyan authorities, along with state and non-state actors, to ensure justice for victims.

He outlined an “ambitious but achievable” goal to conclude the ICC's work by the end of 2025, contingent on strengthening partnerships with Libyan officials, civil society and third states.

The ICC does not have a police force and relies on cooperation from its 124 member states to enforce arrest warrants.

The International Criminal Court (ICC) unsealed arrest warrants in early October for six individuals: Abdelrahim al-Kani, Makhlouf Douma, Nasser al-Lahsa, Mohammed Salheen, Abdelbari al-Shaqaqi, and Fathi al-Zinkal.

Mr Khan said then three of the men were leaders or senior members of the Al Kaniyat militia, while the other three held roles as Libyan security officials allegedly connected to the militia during the time of the reported crimes.

“We know where they are,” Mr Khan said on Tuesday.

Mr Khan emphasised the necessity of conducting trials in The Hague and in Libya, where the ICC has been investigating alleged war crimes and crimes against humanity since the country descended into turmoil after the 2011 overthrow of Muammar Qaddafi.

The chief prosecutor pointed out that the victims told him they were pleased with the warrants but “what they are demanding is your help to help with the arrests of those individuals and to ensure that there are trials and that they can be part of trials when they can give evidence.”

In the years after the Qaddafi regime was overthrown, Libya was divided between two rival governments – one based in the west in Tripoli and another in the east in Benghazi – with different armed factions’ continuing attempts to seize control of the oil-rich North African state.

After the withdrawal of military commander Field Marshal Khalifa Haftar’s forces from the city of Tarhuna in June 2020, several mass graves were discovered, with the deaths attributed to a militia led by Al Kani family. The ICC in May issued six international arrest warrants for members of Al Kani militia over crimes committed in the city.

On his arrival, Mr Khan met Libya's Tripoli-based Libyan Attorney General Al Siddiq Al Sour and discussed the need to establish co-operation “with the participation of the three authorities in Libya [executive, judiciary and legislature] in order to find ways to achieve justice for the victims and prevent impunity”, a statement by Mr Al Sour's office read.

The ICC prosecutor was also received by the Prime Minister of the Tripoli-based government, Abdul Hamid Dbeibah, with the two men discussing the court's planned course of action to fulfil its tasks in Libya, in full co-operation with the judiciary.

Mr Dbeibah expressed his government’s full commitment to the ICC’s investigation as long as it respects the Libyan judiciary’s sovereign decision making.

“The Prime Minister stressed the importance of adhering to the principle of international judicial integration and respecting the sovereignty of the Libyan judiciary, stressing that Libya is committed to holding perpetrators of crimes and violations accountable to ensure that there is no impunity,” a statement from Mr Dbeibah's office said.