Briefing by Fatou Bensouda, International Criminal Court Prosecutor, delivering her semi-annual briefing on recent developments concerning cases in Libya during the Security Council Open VTC on the International Criminal Court and Libya.
The Chief Prosecutor at International Criminal Court (ICC) announced that her office was working on applications for new arrest warrants over the situation in Libya and reiterated that “intentionally directing attacks against the civilian population, or against individual civilians not taking direct part in hostilities, is a war crime under the Rome Statute.”
Addressing a virtual meting of the Security Council today (05 May), Fatou Bensouda said violence in Libya, particularly in and around Tripoli, has not abated. She said, a year after the offensive on the capital by the Libyan National Army (LNA) headed by General Khalifa Haftar, her office was particular concerned over “the high numbers of civilian casualties, largely reported to be resulting from airstrikes and shelling operations.” She added that her team “continues to gather and analyse information about incidents that have occurred during the recent period of armed conflict that may constitute crimes under the Rome Statute.”
The Prosecutor said arbitrary detentions remained a grave and consistent problem in Libya. She said the issue was not only affecting migrants and refugees, but also thousands of others in detention centres.
SOUNDBITE (English) Fatou Bensouda, Chief Prosecutor, International Criminal Court (ICC):
“Information obtained by my Office indicates that such crimes are all too common. Former detainees report brutal methods of torture. Detention-related victims of rape and other forms of sexual violence include men, women and children. Detainees have died from injuries sustained through torture, and from the failure to provide proper and timely medical care. My Office is aware of allegations of serious violations in many prisons and detention facilities throughout Libya. Of particular note are Al-Kuweifiya and Gernada Prisons located in eastern Libya. These allegations also extend to Mitiga Prison in Tripoli, which is controlled by an armed group known as the Special Deterrence Force.”
Bensouda said her office had found that there has been increasing numbers of enforced disappearances committed with close to total impunity and sited the case of Parliamentarian Siham Sergewa.
SOUNDBITE (English) Fatou Bensouda, Chief Prosecutor, International Criminal Court (ICC):
“Ms. Sergewa has been missing since 17 July 2019 when armed men allegedly kidnapped her from her home in Benghazi. Her fate and whereabouts remain unknown. Recent information obtained by my Office may point to those responsible for Ms. Sergewa’s disappearance. Investigations to verify this information are continuing.”
The ICC Prosecutor said Libya continues to be under an obligation to arrest and surrender Saif Al-Islam Gaddafi to the Court. She said international law prevents the ICC from trying someone who has already been tried in a national jurisdiction, only if the proceedings in the other court are final, which is not the case for Gaddafi.
SOUNDBITE (English) Fatou Bensouda, Chief Prosecutor, International Criminal Court (ICC):
“Mr. Gaddafi is a wilful fugitive, actively evading justice both in Libya and before the International Criminal Court. Neither case can progress, nor can the victims of Mr. Gaddafi’s alleged crimes receive justice, whilst he remains at large.”
Bensouda recalled that the arrest warrants for Al-Tuhamy Khaled and Mahmoud Al-Werfalli have not yet been executed, adding that Egypt had not arrested and surrendered Al-Tuhamy, who is believed to be residing in the country. She said the LNA also did not facilitated the arrest and surrender of Al-Werfalli to the ICC, noting that Al-Werfalli is reported to be under the command of General Haftar.
