Libya recognises authority of ICC to investigate war crimes on its territory

Chief prosecutor Karim Khan says progress made in uncovering 'black box of suffering on the Mediterranean coast'

Soldiers from the Libyan National Army take part in a military parade in Benghazi city on May 7, 2018. AFP

Libya has recognised the authority of the International Criminal Court to investigate alleged war crimes on its territory, even though it is not a party to the court's founding treaty, chief prosecutor Karim Khan said on Thursday.

"I strongly welcome the courage, the leadership and the decision by the Libyan authorities" to accept the ICC's jurisdiction over possible war crimes and repression committed in the country, Mr Khan said.

Speaking to the UN Security Council by video, the chief prosecutor told of progress in uncovering what he called "a black box of suffering on the Mediterranean coast", referring to detention centres where alleged crimes have taken place.

He highlighted Libyan authorities' stated commitment to co-operate with the court and called for the handover of a suspect accused of grave crimes against detainees, including migrants and refugees.

In particular, he told of "an unprecedented six months of dynamism", pointing to the arrest in January of Osama Elmasry Njeem, a commander in the disbanded Special Deterrence Force.

Mr Njeem, who ran the Mitiga detention centre, is accused of war crimes and crimes against humanity, including murder, rape and torture against migrants. He was briefly detained in Italy in January but was released two days later on "procedural grounds" and returned to Libya.

“There was real disappointment amongst victims that Mr Njeem has been returned to the scene of the alleged crimes,” said Mr Khan.

He urged Libyan authorities to hand over Mr Njeem to the ICC so he can stand trial for the crimes that were listed in the warrant.

Libya has been under ICC investigation since 2011, when the Security Council referred the case to the court amid the uprising that toppled long-time leader Muammar Qaddafi. The ICC opened its probe days later.

In November 2023, Mr Khan said his office aimed to conclude investigative work in Libya by the end of 2025, after which no further arrest warrants would be sought.

The ICC has issued warrants for 12 people linked to alleged crimes during Libya's 2011 revolution, the 2014-2020 conflict and abuses in detention centres, including against migrants.

Three of those wanted have since died, while eight remain fugitives. The court dismissed the case against Mr Qaddafi’s former intelligence chief, Abdullah Al Senussi, ruling it inadmissible.

Libyan authorities have failed to arrest and transfer any ICC suspects since 2011, stalling efforts to deliver justice. The Security Council has not acted on the court’s past requests to enforce co-operation from Libya.

Mr Khan’s briefing came after US President Donald Trump’s February 6 executive order authorising sanctions against ICC officials, including the chief prosecutor.

Washington's acting alternate representative to the UN, John Kelley, condemned the ICC as a "politicised" body, accusing it of bias against the US and Israel.

"The ICC has engaged in illegitimate and baseless actions targeting America and our close ally Israel," Mr Kelley said, warning that Mr Trump’s sanctions order would bring "tangible and significant consequences" for those involved in the court’s decisions.

The ICC in November approved arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defence minister Yoav Gallant over alleged war crimes, including restricting aid and attacking citizens during Israel’s Gaza offensive.

Nine Security Council members – France, Britain, Denmark, Greece, Guyana, Panama, South Korea, Sierra Leone and Slovenia, all ICC signatories – opposed, stating that attacking the court or its personnel was "counterproductive to our shared goal of ensuring accountability for the most serious crimes".