Statement of ICC Prosecutor Karim A.A. Khan KC to the United Nations Security Council on the Situation in Libya, pursuant to Resolution 1970 (2011)

Mr President, thank you for the opportunity to brief the Security Council today. And please also allow me to begin by recognizing and expressing my thanks to His Excellency, The Permanent Representative of Libya to the United Nations for his attendance in New York. And of course, also to The Permanent Representative of Italy.

Mr President, Excellencies, I am addressing you today following what can only be described as an unprecedented six months of dynamism in our work in the situation in Libya. As we have seen in recent days, we also come together clearly at a critical moment for Libya; a significant conflict going on, combined with allegations of serious crimes in Libya that have again gripped Tripoli and other areas of the country.

And there is no doubt that we have in this period been facing significant challenges. Challenges in cooperation, challenges in the political and security context in Libya, and attempts to impact the work of the Court more broadly. But I wish to let this Council know how genuinely proud and thankful I am in this context, of what the Libya Unified Team in my Office has been able to achieve. Some of the members are here in the room with me, and they have worked without tire, they have worked with focus, and they have worked building partnership with the affected communities, with civil societies, with the government of Libya, with all those that wish to join our collective work towards justice, and against impunity.

In the last six months, this progress has been reflected in the major step taken through the issuance of the first public arrest warrant with respect to crimes committed in detention facilities in Libya. This area of work has been a central priority for the Office for a number of years, and it is one of the pillars of the renewed investigative strategy I outlined to the Council in my 23rd report.

It is a line of inquiry that demands our collective action, given the gravity and scale of the crimes we allege are being committed, right now, in detention facilities in Libya. There is what can be described as a black box of suffering on the coast of the Mediterranean that nobody has wanted to open. A black box that contains the cries, the ongoing pain, as we speak, of some of the most vulnerable people in both the West and the East of the country.

Our investigations into these crimes have been methodical, they have been diligent, and they have drawn on multiple, interconnecting sources of evidence based on our partnerships with many actors including direct testimonial evidence from victims, from witnesses who survived their times at these detention facilities. And in some cases, their family members as well. It includes forensic evidence of injuries incurred in detention, that were inflicted upon them whilst they were being detained. It includes direct video and audio evidence, showing these crimes being committed, having been analysed and verified through the new technological systems we have put in place. It includes reports of the United Nations, the Independent Fact-Finding Mission on Libya, the Panel of Experts on Libya, many reports of civil society organisations documenting such crimes – which have then been reviewed, analysed and assessed by us. So many official documents, a variety of open-source material, including on social media, and satellite imagery showing movements at detention facilities, at different sites and the increasing expansion of locations where we believe these crimes are being committed.

Based upon this and other work, this intensive and focussed work, it was a moment of real significance, a moment of hope, a moment of promise, when Mr Osama Elmasry Njeem was arrested by the Italian authorities on the 20th of January this year, based on an arrest warrant issued by Pre-Trial Chamber I of the International Criminal Court at the request of my Office.

For the first time, we saw the potential for some sunlight to reach those sites, for some truth to emerge, to show the world what is happening, and to give hope to the victims of crimes that we say are being committed.

Mr President, Excellencies, that hope for so many soon turned to frustration in the days after the arrest of Mr Njeem, when he was returned to Libya by Italy. Returned back to the place where we say he had been committing crimes against humanity and war crimes, including murder, torture and persecution at Mitiga prison.

And these crimes that were subject to the arrest warrant issued by the Pre-Trial Chamber of the ICC allegedly committed by Mr Njeem personally, ordered by him, or committed with his assistance by members of the Special Deterrence Forces, known as RADA, are matters of great concern. The victims subject to that warrant were often imprisoned due to their faith. Many of those that were identified were targeted, we say solely for having a different opinion, or for their willingness to publicly identify themselves as Christian. Some were imprisoned and tortured, it is alleged because of their sexual orientation. Others, attacked for their perceived contraventions to SDF or RADA’s religious ideology, or their alleged support or affiliation to other armed groups.

And as communicated to us by civil society partners, there was real dismay, there was real disappointment amongst victims that Mr Njeem has been returned to the scene of the alleged crimes. But it is important to be clear that the impact of the work, the impact of the warrants issued by the Judges of the ICC, our focus on providing a lifeline of hope to those who remain in unlawful confinement, was not in vain. It is not in vain, and it will continue.

We know from multiple sources in Tripoli and more broadly that the arrest of Mr Njeem and the publication of the arrest warrant in relation to him have sent what can only be described as shockwaves through the militias, through the community of alleged perpetrators throughout Libya. A rising awareness that the rule of law has entered the territory of Libya, and the allegations are being forensically looked at, are being analysed, and that there are independent Judges in The Hague that are doing their jobs.

We are aware from changed travel patterns of suspects that we are tracking, from accounts of those on the ground that there are deep concerns amongst militia leaders as to who else may be targeted by our work and how extensive our investigations are, or how deep they will go.

I wish to confirm today to this Council, but more importantly to those individuals that may be involved or responsible for those crimes that their fear is not misplaced. My Office is actively seeking arrest warrants for additional individuals in relation to crimes in detention facilities across Libya, in the East and in the West. And our ongoing efforts are not limited to seeking further warrants of arrest.

I can confirm to the Council today that with respect to Mr Njeem, the ICC has responded to a request for assistance from the National Crime Agency (NCA) of the United Kingdom in support of a UK civil investigation into assets held by him. And drawing on this collaboration, the NCA has obtained orders to freeze accounts and properties with a combined value of 12 million pounds sterling, and the investigation by the UK’s National Crime Agency is ongoing.

Mr President, Excellencies, I also wish to note the significant developments taking place in Libya as we speak, as part of which the Prime Minister has officially dissolved RADA and replaced its functions with a new office. A very important decision by any metric. As part of this action, we understand that Mr Njeem has been removed from his functions at the top of the Department of Operation and Judicial Security in the Judicial Police. This is an immensely positive development, and I welcome and applaud the action taken by the Prime Minister at this critical juncture for the people of Libya. And I encourage the Libyan authorities to now hand over Mr Njeem for transfer to the international Criminal Court, so he can stand trial for the crimes that have been subject to the warrant issued by the Pre-Trial Chamber. Crimes against the Libyan people. And I particularly take this opportunity, Mr President, to call upon the Attorney General of Libya, Mr Al-Siddiq Al-Sour, to arrest Mr Njeem and surrender him to the ICC.

If a reminder were needed of the imperative of breaking down the wall of silence in relation to these crimes, and of finally ridding Libya of the dark, pernicious power of its militia’s forces, it came just a week ago, on our screens that were seen by millions on social media and in the international media. Many of you, distinguished delegates of the Security Council, may recall seeing on your phones or on your televisions, an image of a broken man with a chain around his neck, dust kicked across his face, with the deepest fear in his eyes and a voice trembling, as he was forced to make declarations against himself. That gentleman was Ibrahim Al-Dirsi a member of parliament in Eastern Libya. And his alleged crime was that he dared to raise his voice for the people of Libya. He spoke up for the people, the values, the hope of a Libya where rights were there for everybody. His disappearance in Benghazi was a case I had referenced, you may recall, in my last report to the Council, highlighting the extent of the suffering caused by enforced disappearances and arbitrary detention in Libya.

As I sit here, Mr President, none of us know his fate. I don’t. The videos show clear signs of torture having been inflicted upon him. My Office has retained an expert to examine that video material based upon a request from the Libyan authorities themselves, and we can say that those videos, those images, are authentic, with a high degree of confidence.

We are working further with the Libyan authorities. We are analysing additional videos documenting a variety of heinous crimes that we conclude are still taking place in Libya. The act taken to dissolve militias in Libya right now, in these circumstances, is historic, is an opportunity to put a stop to these types of crimes. And it’s my hope that through continued focus on crimes committed in detention facilities in Libya, through more arrest warrants either under seal or public, and through further cooperation with our Libyan partners, collectively we will manage to break open this black box of suffering.

It is essential that our focus on these crimes is now matched by cooperation of states in apprehending those responsible. It is essential that all states meet their obligations under the Rome Statute, under the Resolution 1970 adopted by this Council in 2011, so that together we can remove this sense of impunity that is fuelling this cruelty. And in doing so, we can create more space, give more oxygen to good faith actors. To the people of Libya, to those that love Libya regardless of their nationality. To improve governance and promote respect for human rights as a foundation for a better future. This is the virtuous cycle of justice and good governance that I believe can represent one of the joint successes of our collaboration with the Security Council in accordance with Resolution 1970, that you passed in 2011.

Mr President, Your Excellencies, as reflected also in my written report, my Office has been able to move with speed across other lines of inquiry outlined in our previous reports and the renewed strategy for Libya including with respect to crimes committed against migrants and crimes related to the 2014 – 2020 operations.

And the work is not done alone. The ICC is not just some of its personnel, its own office – it is the product of this joint collaboration, this fusion, this bridge joining together a variety of actors: from states, from civil society, from different types of partnerships working with a common will, a common belief, with courage to support the victims themselves.

And the victims, critically, are the heart of that. Their courage must be applauded, and their willingness to keep engaging with the Office is something I also commend. 

The progress we have made in this period has in particular been founded on these types of partnerships with victims in civil society. In this period, the team has held more than 145 meetings with different civil society organisations. More than 80 of them. The team has participated in a second major meeting with 38 CSOs only recently. Not speaking at civil society, but listening to them, and trying to find ways in which we can more effectively be a solid, reliable and effective partner with them to make sure there is more justice and less impunity. And in those meetings, we have heard a full range of emotions reflecting on the myriad of developments over the last six months.

Thank you, Mr President. Prior to continue, I was giving an overview of some of the range of emotions from civil society and victims over the last six months. But underpinning it all, was real hope that based upon the collective action under the mandate provided by you to the Court, we can build stronger foundations for a brighter future for Libya. And I was then moving to say that I have to admit that in the course of that discourse with civil society, there is some trepidation amongst them regarding the planned completion of the investigative phase of our work as outlined in this and previous reports.

I do understand this concern, and we are listening, but I’m also clear in my view: we must proceed at speed with our investigations and demonstrate every effort to move forward, to fulfil the mandate provided by the Council to the Court. And pursuant to that imperative, I can confirm to the Council that investigations into a number of priority lines of inquiry, pursuant to the mandate you have provided as well, will be completed by the end of this year. With the remaining lines of inquiry pursuant to the mandate of this Council, to be completed by the first quarter of 2026. This means that my Office will fully complete the investigative phase of our work under this Council mandate before my first report in 2026.

This reflects the significant progress we have made in recent years, in the applications we have been able to make in the situation, including in relation to Tarhunah and Mitiga prison.

Even after completion, work will continue to ensure that the Office is trial-ready once any of the existing arrest warrants is executed.  We will continue to work with states and partners for the successful execution of existing arrest warrants, and for trials at the Court.

Mr President, Excellencies, in parallel with this focussed work of delivering on the mandate, we’ve also had some significant and I believe truly positive developments with the engagement of the Government of Libya. Today, the Registrar of the International Criminal Court confirmed receipt of a declaration by Libya, pursuant to article 12(3) of the Rome Statute, accepting the exercise of the Court’s jurisdiction from 2011 until the end of 2027.

This declaration received today represents a profound step to a renewed platform for collective action between the ICC and Libya in pursuit of justice. And I strongly welcome the courage, the leadership, and the decision by the Libyan authorities in lodging this declaration.

Consistent with our established practice, my Office will now review the declaration and will take further action in line with the Rome Statute. But I wish to note already today that I believe the step will allow us to move forward with our work on a new common basis of collegiality, of partnership, towards the same goal of justice. And the commitment by the government of Libya through the declaration really is something that we harnessed to build a better future and help drive Libya out of the difficulties that it has been struggling with for far too long.

And while my Office will continue to conclude its mandated activities under Security Council Resolution 1970, we will also look to beginning a new chapter of action and investigations based upon this important step taken by Libya today. Partnership, communication, dialogue, that has been a feature of the various reports that we have submitted over the last couple of years. The attempt of respectful dialogue and communication has borne fruit by way of this sovereign decision of Libya in lodging the declaration that I have referenced a moment ago.

It also means that those who are committing crimes in Libya as we speak should be aware that there is not a gap between the government of Libya and the ICC. The physical geographical distance, the political environment, is neutralised by the solidarity, and this new partnership between Libya and the Court to deliver justice for the people of Libya.

I am convinced that working together, we will be able to deliver even more, and ensure that those detention facilities, those subject to human trafficking, those who spent too long without justice, who have lost loved ones, they will feel the impact of our work.

And I wish to underscore, Mr President, my debt of thanks to President Menfi and Prime Minister Dbeibah for such strong leadership, such strong and courageous support to end impunity in Libya. Their decision actually is leadership in action. We stand ready to partner with them, we look to build further possibilities, to open more bridges of communication for international crimes committed in Libya. And in doing so, I believe we will set a stronger foundation for peace and create further space for actors that have the best interest of Libya and its people at heart.

While your action as a council has set the basis, I am pleased that Libya and the Office will continue to work together on this renewed basis for this important collective work that will ultimately vindicate your decision in Resolution 1970. That justice, peace and security are the God-given right of the people of Libya.

Thank you so much.

More information:

Libya accepts ICC jurisdiction over alleged crimes from 2011 to the end of 2027

Situation in Libya

Office of the Prosecutor