Background

Read here about the procedural history of the Situation in Libya before the International Criminal Court.

Scope of the investigation conducted by the Office of the Prosecutor into the situation in Libya

In his first report to the UNSC in May 2011, the Prosecutor indicated that he found reasonable grounds to believe that crimes within the jurisdiction of the Court have been committed and continue being committed in Libya. Initially the investigation focused on the crimes related to the 2011 violence. However, as regularly reported by the ICC Prosecutor to the UNSC in the following years until present, the investigation also covers crimes committed in detention centres, crimes committed during the 2014 – 2020 operations, and crimes against migrants (see regular reports of the ICC Prosecutor before the UNSC on the investigation).

In the warrants of arrest issued in April and July of 2023:

• Pre-Trial Chamber I observed, by majority, that there has been an ongoing situation of crisis in Libya since 2011. The Chamber considered that this situation of crisis extended until at least 5 June 2020.

• The Chamber noted that violence erupted in the context of an uprising against the regime of Muammar Gaddafi and that fighting and civil unrest continued in Libya after the fall of his regime.

• The Chamber also found, based on information before it, that the existing conflict was amplified by the violence between the ‘Libyan National Army’ (LNA) - an armed group previously referred to as Khalifa Haftar’s Libyan National Army (later renamed as the ‘Libyan Arab Armed Forces’) - and the Government of National Accord.

• The Chamber considered by majority that the group known as the Kaniyat emerged as a result of the 2011 crisis that triggered the 2011 Resolution, and the aftermath of this crisis, took note of material indicating that the Kaniyat was affiliated to the LNA, and found that there are reasonable grounds to believe that the Kaniyat was for a certain period of time integrated into the LNA structure.

The Chamber confirmed a link between the crimes alleged by the Prosecution and the situation that triggered the jurisdiction of the Court.

The Chamber issued another arrest warrant on 18 January 2025 in relation to alleged crimes committed from February 2015 onwards, at the Mitiga Prison, against persons imprisoned for religious reasons (such as being Christian or atheist); for their perceived contraventions to the religious ideology of the Special Deterrence Forces – also known colloquially as RADA (e.g. suspected of ‘immoral behaviour’ and homosexuality); their alleged support or affiliation to the other armed groups; for the purpose of coercion; or a combination thereof.

For more information especially regarding the arrest warrants in the Situation in Libya, please click here.

The rights of victims to participate in proceedings and their communication with the Court

The ICC is the first permanent international criminal court which envisages active participation of victims at key stages of the proceedings (article 68(3) of the Rome Statute). Victims may participate, through their legal representatives, to submit their views and concerns where their interests are affected. Victims also  have the right to reparations for the harm they have suffered as a result of crimes falling within the ICC jurisdiction in case of a conviction (article 75 of the Rome Statute).

Victims who suffered harm as a result of crimes falling within the scope of the situation in Libya  may communicate with the Court in a number of ways:

1. Any individual, group or State can send information to the Office of the Prosecutor regarding any alleged crimes in the Libya Situation falling under the jurisdiction of the Court. Persons with such information, including affected communities of the situation, can communicate to the Office of the Prosecutor any relevant information for the purposes of the investigation on the following dedicated portal.

2. Victims of violence in Libya from 15 February 2011 onwards that may amount to crimes under ICC jurisdiction may also reach out to the ICC Registry with a view to being recognized as victims for the purpose of participation in criminal proceedings against one or more suspects.

   • For more information relating to these rights before the ICC, victims can contact the Victims Participation and Reparations Section ("VPRS") - the section within the ICC Registry responsible for assisting victims in the process of applying for participation in judicial proceedings, and reparations in case of a conviction,- at [email protected].

Relevant application forms for victims to participate in proceedings can be found on the ICC's general victims’ page under the heading 'Participation' (underneath the case-specific blue boxes), alongside relevant guidelines. Relevant links are provided hereunder for ease of reference. Currently, all relevant documentation is accessible in PDF format in English, French and Arabic.

Before filling in a victim application form, victims are advised to contact the VPRS to be provided with information and advice as to what participation in ICC proceedings generally entails, and what this means at the different stages of the process, currently and in the future. In addition, the VPRS provides trainings and advice as to how to fill in the form correctly (see also the Guidelines referenced above). Any forms received by the VPRS at the investigation stage are generally not yet transmitted to the Judges absent any judicial order or active judicial proceedings relating to one or more cases.

Victims' safety and security

The security of victims is crucial. It is important that victims take preventive measures such as avoiding mentioning their involvement with the ICC to others or in public. It is also important to avoid anything that could expose victims and put them or other people at risk, such as talking to the media, or posting on social media, about their contact with the ICC.

Warrants of Arrest

On 27 June 2011, Pre-Trial Chamber I issued three warrants of arrest for:

• Muammar Mohammed Abu Minyar Gaddafi for two crimes against humanity (murder and persecution) allegedly committed by Security Forces under his control in various localities of the Libyan territory, in particular in Benghazi, Misrata, Tripoli and other neighbouring cities, from 15 February 2011 until at least 28 February 2011.

On 22 November 2011, the case against Mr Gaddafi was terminated due to his death.

• Saif Al-Islam Gaddafi for two crimes against humanity (murder and persecution) allegedly committed by Security Forces under his control in various localities of the Libyan territory, in particular in Benghazi, Misrata, Tripoli and other neighbouring cities, from 15 February 2011 until at least 28 February 2011.

The advancement of the case is pending his transfer to the seat of the Court in The Hague.

• Abdullah Al-Senussi for two crimes against humanity (murder and persecution) allegedly committed in Benghazi from 15 February 2011 until at least 20 February 2011 by members of the armed forces under his control.

On 24 July 2014, the case against Mr Al-Senussi came to an end when the Appeals Chamber confirmed a decision of Pre-Trial Chamber I declaring the case inadmissible before the ICC.

On 18 April 2013, Pre-Trial Chamber I issued the warrant of arrest for:

• Al-Tuhamy Mohamed Khaled for four crimes against humanity (imprisonment, torture, persecution, and other inhumane acts) allegedly committed in Libya from 15 February 2011 until 24 August 2011, and three war crimes (torture, cruel treatment and outrages upon personal dignity) allegedly committed in Libya from at least early March 2011 to 24 August 2011.

This warrant of arrest was initially issued under seal, which means that it was accessible and known only to a limited number of persons. When warrants of arrests are issued under seal, it is usually in response to application by the Prosecutor in which reasons to do so are provided. Such reasons may be to protect witnesses, victims and an ongoing investigation.

On 24 April 2017, this warrant of arrest was unsealed.

On 7 September 2022, the case against Mr Al-Tuhamy was terminated due to his death.

On 15 August 2017, Pre-Trial Chamber I issued a warrant of arrest for:

• Mahmoud Mustafa Busayf Al-Werfalli for the war crime of murder, allegedly committed in seven incidents against 33 persons, taking place from on or before 3 June 2016 until on or about 17 July 2017, in Benghazi or surrounding areas, in Libya.

On 4 July 2018, a second warrant of arrest was issued for an additional war crime of murder allegedly committed on 24 January 2018 in Benghazi.

On 15 June 2022, Pre-Trial Chamber I terminated the proceedings against Mr Al-Werfalli, following the Prosecution’s notification of his death.

On 6 April 2023, Pre-Trial Chamber I issued under seal four warrants of arrest for:

• Abdurahem Khalefa Abdurahem Elshgagi also known as Abdurahem Al Kani for his alleged criminal responsibility for four war crimes (murder, outrages upon personal dignity, cruel treatment, and torture). The crimes were allegedly committed in relation to events in the city of Tarhunah, namely during the operation “Flood of Dignity”.

• Makhlouf Makhlouf Arhoumah Doumah also known as Makhlouf Douma for his alleged criminal responsibility for four war crimes (murder, outrages upon personal dignity, cruel treatment, and torture). The crimes were allegedly committed in relation to events in the city of Tarhunah, namely during the operation “Flood of Dignity”.

• Nasser Muhammad Muftah Daou also known as Nasser Al Lahsa for his alleged criminal responsibility for four war crimes (murder, outrages upon personal dignity, cruel treatment, and torture). The crimes were allegedly committed in relation to events in the city of Tarhunah, namely during the operation “Flood of Dignity”.

• Mohamed Mohamed Al Salheen Salmi also known as Mohamed Salheen for his alleged criminal responsibility for five war crimes (murder, outrages upon personal dignity, cruel treatment, torture, and sexual violence) . The crimes were allegedly committed in relation to events in the city of Tarhunah, namely during the operation “Flood of Dignity”.

On 18 July 2023, Pre-Trial Chamber I issued under seal two warrants of arrest for:

• Abdelbari Ayyad Ramadan Al Shaqaqi also known as Abdelbari Al Shaqaqi for his alleged criminal responsibility for four war crimes (murder, outrages upon personal dignity, cruel treatment, and torture). The crimes were allegedly committed in relation to events in the city of Tarhunah, namely during the operation “Flood of Dignity”.
• Fathi Faraj Mohamed Salim Al Zinkal also known as Fathi Al Zinkal for his alleged criminal responsibility for six war crimes (murder, outrages upon personal dignity, cruel treatment, torture, sexual violence, and rape). The crimes were allegedly committed in relation to events in the city of Tarhunah, namely during the operation “Flood of Dignity”.

On 4 October 2024, Pre-Trial Chamber I unsealed the warrants of arrest that were issued on 6 April and 18 July 2023, respectively against six Libyan nationals for war crimes allegedly committed in relation to events in the city of Tarhunah, namely during the operation “Flood of Dignity”.

On 18 January 2025, Pre-Trial Chamber I issued under seal a warrant of arrest for:

• Osama Elmasry Njeem also known as Osama Almasri Njeem for his alleged criminal responsibility for five war crimes (outrages upon personal dignity, cruel treatment, torture, rape and sexual violence, and murder) and five crimes against humanity (imprisonment, torture, rape and sexual violence, murder, and persecution). The crimes were allegedly committed in Mitiga Prison from 15 February 2015 onwards.

On 23 January 2025, this warrant of arrest was unseasled.

Closed Cases:

• The Prosecutor v. Muammar Mohammed Abu Minyar Gaddafi
• The Prosecutor v. Abdullah Al-Senussi
• The Prosecutor v. Al-Tuhamy Mohamed Khaled
• The Prosecutor v. Mahmoud Mustafa Busayf Al-Werfalli

Open Cases:

• The Prosecutor v. Saif Al-Islam Gaddafi – Pre-Trial Stage
• The Prosecutor v. Abdurahem Khalefa Abdurahem Elshgagi – Pre-Trial Stage
• The Prosecutor v. Makhlouf Makhlouf Arhoumah Doumah – Pre-Trial Stage
• The Prosecutor v. Nasser Muhammad Muftah Daou – Pre-Trial Stage
• The Prosecutor v. Mohamed Mohamed Al Salheen Salmi – Pre-Trial Stage
• The Prosecutor v. Abdelbari Ayyad Ramadan Al Shaqaqi – Pre-Trial Stage
• The Prosecutor v. Fathi Faraj Mohamed Salim Al Zinkal – Pre-Trial Stage
• The Prosecutor v. Osama Elmasry Njeem – Pre-Trial Stage