The International Criminal Court investigation in Libya or the Situation in Libya is an investigation started in March 2011 by the International Criminal Court (ICC) into war crimes and crimes against humanity claimed to have occurred in Libya since 15 February 2011. The initial context of the investigation was the 2011 Libyan Civil War and the time frame of the investigation continued to include the 2019 Western Libya offensive.
![]() The seal of the International Criminal Court | |
File no. | 01/11 |
---|---|
Referred by | UN Security Council |
Date referred | 26 February 2011 |
Date opened | 3 March 2011 |
Incident(s) | First Libyan Civil War Second Libyan Civil War |
Crimes | Crimes against humanity: · Murder · Imprisonment · Torture · Persecution · Inhumane acts War crimes: · Murder · Torture · Cruel Treatment · Outrage upon dignity |
Status of suspects | |
Muammar Gaddafi | Deceased |
Saif al-Islam Gaddafi | Fugitive |
Abdullah Senussi | Charges dismissed |
Tohami Khaled | Deceased |
Mahmoud al-Werfalli | Deceased |
Initiation
The ICC investigation in Libya was initiated by the February 2011 United Nations Security Council Resolution 1970 in the context of the 2011 Libyan Civil War. The pre-trial chamber judges are Péter Kovács (presiding), Marc Perrin de Brichambaut and Reine Alapini-Gansou.
First Libyan Civil War
Investigations started during the First Libyan Civil War, in 2011, led to several arrest warrants.
Arrest warrants
On 27 June 2011, the ICC issued warrants of arrest for the Libyan head of state, Muammar Gaddafi, for his second son, Saif al-Islam Gaddafi, and for Abdullah Senussi, Muammar Gaddafi's intelligence chief and brother-in-law, married to Muammar Gaddafi's sister-in-law, for murders and persecution of unarmed civilians as crimes against humanity under Articles 7(1)(a) and 7(1)(h) of the Rome Statute. The case against Muammar Gaddafi was closed by the ICC shortly after his death.
As of 9 May 2018[update], the ICC had outstanding warrants for the arrest of Tohami Khaled, former head of the Internal Security Agency of Libya during the final years of the Muammar Gaddafi government; and of Saif al-Islam Gaddafi, both of whom were believed by the ICC to remain at large. Saif al-Islam Gaddafi had been captured in Zintan in 2014 and rumoured to have been released in June 2018.
The ICC claims against Abdullah Senussi were concluded in July 2014 on the grounds that his case was being tried in Libyan courts and as of 9 May 2018[update], continued to monitor the progress of the Libyan legal proceedings against him.
Second Libyan Civil War
Investigations by the ICC continued during the Second Libyan Civil War, which started in 2014.
In April 2019, during the 2019 Western Libya offensive, ICC Chief Prosecutor Fatou Bensouda stated that both those directly committing war crimes in Libya during the conflict and their commanders would be liable to prosecution by the ICC, including anyone "ordering, requesting, encouraging or contributing in any other manner to the commission of crimes within the jurisdiction of the Court". Prime Minister Fayez al-Sarraj of the Tripoli-based Government of National Accord (GNA) stated on 17 April that the GNA would provide documentation to the ICC regarding the 16 April Grad shelling of residential areas that killed at least seven people and wounded 17, for which he attributed responsibility to Khalifa Haftar, leader of the Tobruk-based Libyan National Army (LNA). On 2 May, a spokesperson for the GNA, Muhanad Younis, stated that administrative responsibility had been allocated for documenting war crimes during the Western Libya offensive and providing the documentation to the ICC.
Arrest warrants
This section needs to be updated. The reason given is: Six new arrest warrants based on https://www.icc-cpi.int/news/statement-icc-prosecutor-karim-aa-khan-kc-unsealing-six-arrest-warrants-situation-libya, appropriately archived, should be added. (January 2025) |
As of 6 April 2019[update], the ICC had two outstanding warrants for the arrest of LNA commander Mahmoud al-Werfalli, for involvement in seven alleged executions in and near Benghazi of 33 people during June 2016 to July 2017 and for allegedly executing ten people "in front of a cheering crowd" in Benghazi between 23 and 25 January 2018. As of November 2017[update], the LNA had claimed that al-Werfalli had been arrested and was being investigated by military authorities, while the ICC believed that he was not under arrest and was commanding the al-Saiqa brigade of the LNA. In February 2018, information about al-Werfalli's arrest status was unclear, and an Interpol red notice for his arrest was issued. On 15 June 2022, the ICC dropped its case against al-Werfalli, more than a year after he was killed in Benghazi.
Abuse of migrants and refugees
As of January 2025[update], Osama Najim (Almasri), a Libyan general, is wanted by the ICC for war crimes and crimes against humanity in relation to migrants and refugees in Libya. He was briefly arrested in Turin on 21 January 2025. The attorney-general of Rome stated that the arrest was invalid because there had not been prior discussions with the Italian Minister of Justice. A court of appeal in Rome agreed with the attorney-general. Najim was released and left Italy.
External links
- ICC website: Situation in Libya; case number: ICC-01/11
References
- "Situations under investigation". International Criminal Court. 2019. Archived from the original on 2019-04-21. Retrieved 2019-04-13.
- Assad, Abdulkader (2019-04-12). "Germany urges Haftar to stop Tripoli attack, ICC vows to prosecute war criminals". Libya Observer. Archived from the original on 2019-04-11. Retrieved 2019-04-12.
- "Eighth report of the Prosecutor of the International Criminal Court to the UN Security Council pursuant to UNSCR 1970 (2011)" (PDF). International Criminal Court. 2014-11-11. Archived (PDF) from the original on 2019-04-13. Retrieved 2019-04-13.
- The Office of the Prosecutor (2018-05-09). "Fifteenth report of the prosecutor of the International Criminal Court to the United Nations Security Council pursuant to UNSCR 1970 (2011)" (PDF). International Criminal Court. Archived (PDF) from the original on 2019-04-14. Retrieved 2019-04-09.
- Xypolia, Ilia (2018-07-02). "News of Saif al-Islam's release: regional politics fuels rumour mill in Libya". The Conversation. Archived from the original on 2019-06-12. Retrieved 2019-04-13.
- Bensouda, Fatou (16 April 2019). "Statement of ICC Prosecutor, Fatou Bensouda, in relation to the escalation of violence in and around Tripoli, Libya". International Criminal Court. Archived from the original on 18 April 2019. Retrieved 19 April 2019.
- "Late night shelling in Tripoli as Europe, Gulf divided over..." Reuters. 16 April 2019. Archived from the original on 30 April 2019. Retrieved 16 April 2019.
- Laessing, Ulf; Elumami, Ahmed (17 April 2019). "Shells kill seven in Tripoli neighborhood as Haftar's two-week siege rages". Thomson Reuters. Retrieved 19 April 2019.
- "Al-Sarraj vows to urge for Haftar's indictment at ICC". The Libya Observer. 1 April 2019. Archived from the original on 18 April 2019. Retrieved 19 April 2019.
- Zaptia, Sami (2019-05-03). "Over 2,400 children receive psychosocial support for war trauma as Serraj spokesperson deplores UNSMIL and Salame's poor conflict resolution efforts". Libya Herald. Archived from the original on 2019-05-04. Retrieved 2019-05-03.
- "Libya: Threat of Tripoli Fighting Raises Atrocity Concerns — Hiftar's Forces, Rival Militias Have History of Abuses". Human Rights Watch. 6 April 2019. Archived from the original on 9 April 2019. Retrieved 9 April 2019.
- "International court drops case against slain Libyan general". The Associated Press. 15 June 2022. Retrieved 15 June 2022.
- Angela Giuffrida (21 January 2025). "Libyan general released after arrest in Turin on ICC warrant for alleged war crimes". The Guardian. ISSN 0261-3077. Wikidata Q131842791. Archived from the original on 21 January 2025.
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The International Criminal Court investigation in Libya or the Situation in Libya is an investigation started in March 2011 by the International Criminal Court ICC into war crimes and crimes against humanity claimed to have occurred in Libya since 15 February 2011 The initial context of the investigation was the 2011 Libyan Civil War and the time frame of the investigation continued to include the 2019 Western Libya offensive Situation in LibyaThe seal of the International Criminal CourtFile no 01 11Referred byUN Security CouncilDate referred26 February 2011Date opened3 March 2011 2011 03 03 Incident s First Libyan Civil War Second Libyan Civil WarCrimesCrimes against humanity Murder Imprisonment Torture Persecution Inhumane acts War crimes Murder Torture Cruel Treatment Outrage upon dignityStatus of suspectsMuammar GaddafiDeceasedSaif al Islam GaddafiFugitiveAbdullah SenussiCharges dismissedTohami KhaledDeceasedMahmoud al WerfalliDeceasedInitiationThe ICC investigation in Libya was initiated by the February 2011 United Nations Security Council Resolution 1970 in the context of the 2011 Libyan Civil War The pre trial chamber judges are Peter Kovacs presiding Marc Perrin de Brichambaut and Reine Alapini Gansou First Libyan Civil WarInvestigations started during the First Libyan Civil War in 2011 led to several arrest warrants Arrest warrants On 27 June 2011 the ICC issued warrants of arrest for the Libyan head of state Muammar Gaddafi for his second son Saif al Islam Gaddafi and for Abdullah Senussi Muammar Gaddafi s intelligence chief and brother in law married to Muammar Gaddafi s sister in law for murders and persecution of unarmed civilians as crimes against humanity under Articles 7 1 a and 7 1 h of the Rome Statute The case against Muammar Gaddafi was closed by the ICC shortly after his death As of 9 May 2018 update the ICC had outstanding warrants for the arrest of Tohami Khaled former head of the Internal Security Agency of Libya during the final years of the Muammar Gaddafi government and of Saif al Islam Gaddafi both of whom were believed by the ICC to remain at large Saif al Islam Gaddafi had been captured in Zintan in 2014 and rumoured to have been released in June 2018 The ICC claims against Abdullah Senussi were concluded in July 2014 on the grounds that his case was being tried in Libyan courts and as of 9 May 2018 update continued to monitor the progress of the Libyan legal proceedings against him Second Libyan Civil WarInvestigations by the ICC continued during the Second Libyan Civil War which started in 2014 In April 2019 during the 2019 Western Libya offensive ICC Chief Prosecutor Fatou Bensouda stated that both those directly committing war crimes in Libya during the conflict and their commanders would be liable to prosecution by the ICC including anyone ordering requesting encouraging or contributing in any other manner to the commission of crimes within the jurisdiction of the Court Prime Minister Fayez al Sarraj of the Tripoli based Government of National Accord GNA stated on 17 April that the GNA would provide documentation to the ICC regarding the 16 April Grad shelling of residential areas that killed at least seven people and wounded 17 for which he attributed responsibility to Khalifa Haftar leader of the Tobruk based Libyan National Army LNA On 2 May a spokesperson for the GNA Muhanad Younis stated that administrative responsibility had been allocated for documenting war crimes during the Western Libya offensive and providing the documentation to the ICC Arrest warrants This section needs to be updated The reason given is Six new arrest warrants based on https www icc cpi int news statement icc prosecutor karim aa khan kc unsealing six arrest warrants situation libya appropriately archived should be added Please help update this article to reflect recent events or newly available information January 2025 As of 6 April 2019 update the ICC had two outstanding warrants for the arrest of LNA commander Mahmoud al Werfalli for involvement in seven alleged executions in and near Benghazi of 33 people during June 2016 to July 2017 and for allegedly executing ten people in front of a cheering crowd in Benghazi between 23 and 25 January 2018 As of November 2017 update the LNA had claimed that al Werfalli had been arrested and was being investigated by military authorities while the ICC believed that he was not under arrest and was commanding the al Saiqa brigade of the LNA In February 2018 information about al Werfalli s arrest status was unclear and an Interpol red notice for his arrest was issued On 15 June 2022 the ICC dropped its case against al Werfalli more than a year after he was killed in Benghazi Abuse of migrants and refugeesAs of January 2025 update Osama Najim Almasri a Libyan general is wanted by the ICC for war crimes and crimes against humanity in relation to migrants and refugees in Libya He was briefly arrested in Turin on 21 January 2025 The attorney general of Rome stated that the arrest was invalid because there had not been prior discussions with the Italian Minister of Justice A court of appeal in Rome agreed with the attorney general Najim was released and left Italy External linksICC website Situation in Libya case number ICC 01 11References Situations under investigation International Criminal Court 2019 Archived from the original on 2019 04 21 Retrieved 2019 04 13 Assad Abdulkader 2019 04 12 Germany urges Haftar to stop Tripoli attack ICC vows to prosecute war criminals Libya Observer Archived from the original on 2019 04 11 Retrieved 2019 04 12 Eighth report of the Prosecutor of the International Criminal Court to the UN Security Council pursuant to UNSCR 1970 2011 PDF International Criminal Court 2014 11 11 Archived PDF from the original on 2019 04 13 Retrieved 2019 04 13 The Office of the Prosecutor 2018 05 09 Fifteenth report of the prosecutor of the International Criminal Court to the United Nations Security Council pursuant to UNSCR 1970 2011 PDF International Criminal Court Archived PDF from the original on 2019 04 14 Retrieved 2019 04 09 Xypolia Ilia 2018 07 02 News of Saif al Islam s release regional politics fuels rumour mill in Libya The Conversation Archived from the original on 2019 06 12 Retrieved 2019 04 13 Bensouda Fatou 16 April 2019 Statement of ICC Prosecutor Fatou Bensouda in relation to the escalation of violence in and around Tripoli Libya International Criminal Court Archived from the original on 18 April 2019 Retrieved 19 April 2019 Late night shelling in Tripoli as Europe Gulf divided over Reuters 16 April 2019 Archived from the original on 30 April 2019 Retrieved 16 April 2019 Laessing Ulf Elumami Ahmed 17 April 2019 Shells kill seven in Tripoli neighborhood as Haftar s two week siege rages Thomson Reuters Retrieved 19 April 2019 Al Sarraj vows to urge for Haftar s indictment at ICC The Libya Observer 1 April 2019 Archived from the original on 18 April 2019 Retrieved 19 April 2019 Zaptia Sami 2019 05 03 Over 2 400 children receive psychosocial support for war trauma as Serraj spokesperson deplores UNSMIL and Salame s poor conflict resolution efforts Libya Herald Archived from the original on 2019 05 04 Retrieved 2019 05 03 Libya Threat of Tripoli Fighting Raises Atrocity Concerns Hiftar s Forces Rival Militias Have History of Abuses Human Rights Watch 6 April 2019 Archived from the original on 9 April 2019 Retrieved 9 April 2019 International court drops case against slain Libyan general The Associated Press 15 June 2022 Retrieved 15 June 2022 Angela Giuffrida 21 January 2025 Libyan general released after arrest in Turin on ICC warrant for alleged war crimes The Guardian ISSN 0261 3077 Wikidata Q131842791 Archived from the original on 21 January 2025