The International Criminal Court (ICC) is set to deliver a briefing to the United Nations Security Council on Libya, underscoring its pivotal role in delivering justice amid ongoing challenges. The ICC prosecutor, Karim Khan, will present his biannual report on May 15, 2025, focusing on the court’s investigation into Libya.
This briefing follows an executive order by US President Donald Trump on February 6, 2025, which authorizes sanctions targeting the ICC’s work. The Security Council had referred the situation in Libya to the ICC prosecutor on February 26, 2011, shortly after the revolution that led to Muammar Gaddafi’s ousting. The investigation commenced on March 3 of that year.
Balkees Jarrah from Human Rights Watch stated: “The ICC’s role in Libya is critical to bring justice in the face of more than a decade of unchecked abuses by armed groups and quasi-security forces.” She urged members of the Security Council and beyond to support the court and oppose any attempts to obstruct its operations.
In November 2023, Khan announced plans for his office to conclude investigative activities in Libya by late 2025 without seeking further arrest warrants. This timeline has raised concerns among civil society organizations due to inadequate cooperation from Libyan authorities and a lack of credible domestic prosecutions for ongoing serious crimes.
The Security Council resolution mandates Libyan authorities cooperate with the ICC by arresting and surrendering individuals wanted by the court. Without its own enforcement arm, the ICC depends on states for executing arrest warrants.
So far, arrest warrants have been issued against twelve individuals concerning crimes during various periods of conflict in Libya. Three suspects have died while eight remain at large. A case against Abdullah Al-Senussi was deemed inadmissible by ICC judges.
Since 2011, successive Libyan governments have not arrested or surrendered any suspects wanted by the ICC within their territory. Additionally, previous requests from ICC judges for Security Council support in ensuring Libya’s cooperation have gone unanswered.
A recent incident involved Osama Elmasry Njeem who was arrested in Italy but later released due to procedural issues before being returned to Libya. Italy now faces potential repercussions for non-cooperation as an ICC member state.
Human Rights Watch emphasized that both Security Council and ICC members should reinforce their commitment to supporting the court’s mandate in Libya through effective cooperation and addressing non-compliance findings.
President Trump’s executive order includes asset freezes and entry bans targeting those associated with investigations opposed by the United States. Sanctions have already been imposed on current ICC officials under this directive.
The order aims to protect US and Israeli officials from facing charges at the ICC. Notably, arrest warrants were issued for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant over alleged war crimes in Gaza last year.
During Trump’s first term, sanctions were placed on then-ICC Prosecutor Fatou Bensouda following her move towards investigating potential cases involving US nationals related to Afghanistan; these sanctions were later lifted under President Biden’s administration.
Jarrah concluded: “ICC members should urge the Trump administration to revoke its executive order and condemn its attack on the court for what it is—an affront to the global rule of law.”
