Libya Acknowledges ICC Authority to Investigate War Crimes

Libya has accepted the ICC’s authority to investigate war crimes, a significant move despite its non-signatory status. Chief Prosecutor Karim Khan welcomed this decision during a UN Security Council briefing, discussing ongoing investigations into atrocities associated with detention centers. He called for collaboration from Libyan officials, particularly regarding the handover of accused individuals. As the ICC aims to conclude its investigations by 2025, geopolitical factors challenge their efforts.

Libya has officially acknowledged the authority of the International Criminal Court (ICC) to investigate supposed war crimes committed on its soil, despite the country’s non-signatory status to the ICC’s founding statute. Chief Prosecutor Karim Khan expressed approval of this development during a Thursday address to the UN Security Council, noting it as a significant decision by Libyan officials. Khan stated, “I strongly welcome the courage, the leadership and the decision by the Libyan authorities” regarding their acceptance of the ICC’s jurisdiction.

During his video briefing, Khan highlighted ongoing efforts to reveal the grim realities in Libya, specifically focusing on detention centers where heinous acts are said to have taken place. He expressed hope that the Libyan authorities would uphold their pledge to cooperate with the ICC in holding perpetrators accountable. Of particular interest was a call for the extradition of a suspect linked to serious crimes against detainees, especially migrants and refugees.

Khan referred to what he termed an “unprecedented six months of dynamism” in Libya’s legal environment, citing the arrest of Osama Elmasry Njeem, a commander with the disbanded Special Deterrence Force, in January. Njeem has been implicated in war crimes, including murder, torture, and sexual violence against migrants, which he supposedly perpetrated at the Mitiga detention facility. However, following a brief custody in Italy, he was released and sent back to Libya, which concerned many.

Khan expressed, “There was real disappointment amongst victims that Mr. Njeem has been returned to the scene of the alleged crimes,” urging Libyan authorities to transfer him to the ICC for prosecution. Since the onset of Libya’s turmoil in 2011, when the UN Security Council referred the situation to the ICC, the court has sought to investigate these violations.

The ICC initiated its probe almost immediately after the referral, aiming to conclude its investigations by the end of 2025. Khan pointed out that the court has issued warrants for twelve individuals tied to atrocities during the 2011 uprising, the subsequent conflict from 2014-2020, and ongoing abuses endured by migrants at detention centers. Notably, three of those wanted have since passed away, while several others remain at large, complicating the pursuit for justice.

The issue of accountability for war crimes in Libya has been stalled since 2011, with Libyan authorities failing to apprehend or transfer any suspects to the ICC. Khan’s address was notably influenced by geopolitical tensions, including a recent executive order from former President Donald Trump designating sanctions against ICC officials and the court itself. US officials have criticized the ICC as politicized and biased against the US, heightening tensions between the two entities.

The tensions between the ICC and the United States were highlighted during the address. John Kelley, the acting alternate representative to the UN from the US, labeled the ICC as a “politicized” organization that conducts illegitimate actions against American interests, warning of severe repercussions over Trump’s sanctions. Meanwhile, nine of the Security Council members, who are also ICC signatories, opposed these views, affirming that attacks on the court are counterproductive to achieving global accountability for severe crimes.

In summary, Libya’s newfound recognition of the ICC’s authority to investigate war crimes signals a potential shift towards accountability for past atrocities. Despite the encouragement from ICC officials and international support, challenges remain, such as the handling of suspects like Osama Elmasry Njeem, and the historical reluctance of Libyan authorities to act. The ICC’s ongoing investigations are critical as they aim to wrap up by 2025, while geopolitical tensions, particularly from the United States, continue to resonate. The international community watches closely as this situation unfolds, hoping for justice in Libya.

Original Source: www.thenationalnews.com