ICC terminates proceedings against Mahmoud Mustafa Busayf Al-Werfalli following confirmation of his passing

Today, 15 June 2022, Pre-trial Chamber I of the International Criminal Court (ICC) terminated proceedings against the alleged former Commander in the Al-Saiqa Brigade Mahmoud Mustafa Busayf Al-Werfalli following the Prosecution’s notification of the death of Mr Al-Werfalli and request to withdraw the warrants of arrest, dated 17 May 2022.

Having considered the information and material provided by the Prosecution, in particular witness statements, photographs, and social media material, the Chamber considered the death of Mr Al-Werfalli to be established and, decided that the proceedings against him must accordingly be terminated, and that the warrants of arrest are no longer in effect, and the outstanding requests for arrest and surrender must be withdrawn.

Decision terminating proceedings against Mr Mahmoud Mustafa Busayf Al-Werfalli

Background: The first Warrant of Arrest against Mr Al-Werfalli was issued on 15 August 2017 and the Second Warrant of Arrest was issued on 4 July 2018. Mr Al-Werfalli was alleged to have directly committed and to have ordered the commission of murder as a war crime in the context of seven incidents, involving 33 persons, which took place from on or before 3 June 2016 until on or about 17 July 2017 in Benghazi or surrounding areas, in Libya as well as murder as a war crime in the context of an eighth incident which took place on 24 January 2018, when Mr. Al-Werfalli allegedly shot dead 10 persons in front of the Bi'at al-Radwan Mosque in Benghazi, Libya.

More information on the case

For further information, please contact Sonia Robla, Chief of Public Information and Outreach Section, International Criminal Court, by telephone at: +31 (0)6 46448726 or by e-mail at: [email protected]. 

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