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A Promise of Justice in Libya


(FILE) An aerial view of the "Search and Identification of the Missing" mission unearthing a mass grave site in western Libya's Tarhuna region on November 7, 2020.
(FILE) An aerial view of the "Search and Identification of the Missing" mission unearthing a mass grave site in western Libya's Tarhuna region on November 7, 2020.

“Former senior officials of the Qaddafi regime, such as Saif al-Islam Qaddafi, who is still subject to an ICC arrest warrant on charges of crimes against humanity, must face justice,” said USUN Legal Advisor Simonoff.

A Promise of Justice in Libya
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For a very long time, it seemed that the wheels of justice had stopped spinning in Libya, that those who were accused of committing war crimes and crimes against humanity would once again escape with impunity.

Back in February 2011, the United Nations International Criminal Court issued arrest warrants for three accused war criminals. Two warrants were withdrawn due to the death of the accused, and one, Saif al-Islam Gaddafi, remains at large.

The second Libyan Civil War started in 2014, and the ICC threatened to prosecute anyone who directly committed or ordered war crimes. But again, the accused seemed to have gotten away with impunity.

Indeed, said Prosecutor of the International Criminal Court Karim Khan, “for too long I believed that the situations in Libya … had been allowed to drift.”

Three years ago, the ICC breathed new life into the investigation. As part of a briefing before the UN Security Council on May 14, Prosecutor Khan announced that the ICC’s investigation will have finished by the end of 2025 and the first trial will begin before that year ends.

The United States commends the ICC on increasing the momentum of the investigation, on its new efforts for prioritization, seeking additional arrest warrants, and on intention to commence trial proceedings without delay, said United States Legal Adviser at the UN Mission Mark Simonoff. But success also depends on the cooperation of Libyan authorities.

“We call on Libyan authorities to do more to support and advance global accountability efforts and to enhance cooperation with the ICC,” he said. “Former senior officials of the Qaddafi regime, such as Saif al-Islam Qaddafi, who is still subject to an ICC arrest warrant on charges of crimes against humanity, must face justice.”

“The United States welcomes the increased contact with victims and civil society organizations in Libya as crucial to the delivery of justice for victims who have waited far too long to be heard,” said Mark Simonoff.

“Victims and survivors deserve justice, which can be a powerful, stabilizing force for Libya’s future. We particularly appreciate the emphasis on empowering victims and survivors and on witness protection.”

“We continue to believe that resolving political uncertainty and promoting accountability will go a long way towards addressing the chronic instability in Libya,” said Mark Simonoff. “Human rights violations and abuses will continue unless meaningful steps are taken to resolve these issues and promote accountability.”

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