Over the past six months, the International Criminal Court has made significant progress in prosecuting alleged crimes against humanity committed in Libya, its chief prosecutor, Mr. Karim Khan KC told the Security Council on Thursday.
“There is a cause for optimism” to finally deliver on the hopes and legitimate expectations of survivors in Libya, said Karim Khan.
Outlining milestones towards ensuring accountability for the most serious crimes committed over the past 12 years, he said the Libya Unified Team in his Office has carried out 20 missions, collecting over 500 items of evidence, including video and audio material, forensic information and satellite imagery; filed multiple new arrest warrant applications related to key lines of inquiry; and through a new evidence management system it is using artificial intelligence and machine learning to expedite investigative activities.
Moreover, the Team has significantly strengthened its cooperation with the United Nations Independent Fact-Finding Mission on Libya, which has directly supported the identification of additional witnesses.
In the coming weeks, his Office will be conducting a further mission to Libya to engage with national authorities, including to discuss the potential establishment of a country office in Tripoli.
“When we are working with the people affected and with the national authorities, justice becomes something more tangible, it becomes less distant and less theoretical and that is what is needed at the moment,” he said.
In the ensuing discussion, Council members welcomed progress documented in the Prosecutor’s most recent report — including the increased engagement with witnesses and survivors, collection of testimonial evidence and issuance of arrest warrants — and expressed support for the creation of a field office in Tripoli.
Underscoring the need to investigate and prosecute all serious crimes committed in Libya since 2011 — including those committed by Da’esh — many expressed concern about forced disappearances, arbitrary detentions and inhumane conditions in detention centres.
Meanwhile, some speakers cited external interference as a major cause of the protracted crisis in Libya, calling for respect of the principle of Libyan ownership and stressing that the Court must strictly follow the principle of complementarity.
The representative of Gabon encouraged the Prosecutor to continue working closely with Libyan authorities while involving international and regional actors to a greater degree.
Further, dialogue with victims must be strengthened and an approach that promotes the establishment of truth, justice and reparations must be prioritized.
On the Court’s investigative activities, he drew attention to the evidence management platform using artificial intelligence and machine learning, noting that it will improve the quality and quantity of databases.
In a similar vein, the speaker for the United Arab Emirates called for continued international cooperation in dismantling the networks of transnational organized crime, including in countries of origin, destination and transit.
Noting that compliance with the principle of complementarity under the Rome Statute requires respect for the views and positions of the State concerned, he urged strengthened cooperation with relevant national authorities in Libya by taking their concerns and needs into consideration.
The representative of the United States commended progress on Court discussions with Libyan authorities to enhance the long-term presence of Court staff, including by opening a liaison office in Libya.
With regard to the Court’s collaboration with the Independent Fact-Finding Mission on Libya, he cited the increased contact with victims and civil society as crucial to the delivery of justice for victims.
However, he called on the Libyan authorities to do more to support and advance accountability efforts and enhance cooperation with the Court.
Offering a contrasting perspective, the representative of the Russian Federation said the “puppet Court” — “a highly politicized institution that has nothing to do with rendering justice” — has become a fully-fledged participant of the North Atlantic Treaty Organization (NATO)’s aggression against Libya.
The crusade of the United States-led coalition against this formally flourishing country resulted in complete destruction of its statehood, the prolonging of Libya’s civil war and the loss of lives of hundreds of thousands of ordinary Libyans.
“This is a genuine catastrophe, and the International Criminal Court is directly connected to it,” she asserted, adding that its justice has “an on-and-off switch”.
Rounding up the discussion, the representative of Libya underscored that his country’s cooperation with the Court is based on the principle of complementarity and the body is not an alternative to the Libyan judiciary.
On the mass graves uncovered in Tarhuna, he said the Libyan prosecution office is working scrupulously to identify those bodies and find the perpetrators.
He called on the Court Prosecutor to issue arrest warrants for them and assist the Libyan authorities in addressing those who refuse to extradite them.
Turning to the current migrant situation, he said it is not detached from foreign interference, and the responsibility for crimes against migrants should not be laid at the door of only his country.
