Speakers Press for Strong Cooperation between ICC, Libyan Authorities
The implementation of a renewed Strategic Plan for the work of the International Criminal Court (ICC) in Libya has provided "significant and clearly discernible" results, its Prosecutor told the Security Council today, cautioning however that real and profound resource restrictions are having an impact on his Office's work.
Karim Khan, noting that his comments were limited by obligations of confidentiality and subject to judicial orders, highlighted progress in the acceleration of investigations, use of technological applications and cooperation with Libyan authorities during his biannual briefing to the Council on the ICC's activities in Libya.
Speaking via videoconference, he said that he aims to complete investigative activities on key lines of inquiry by the end of 2025. He also intends to work with stakeholders in the next six months to prepare a plan for this, pursuant to resolution 1970 (2011). "Whether that goal is achievable will depend on if we can collectively deliver on the plans outlined," he said, including through cooperation with Libyan authorities.
Over the last six months, his Office has undertaken over 15 investigation missions and collected more than 4,000 items of evidence. "Lines of investigation against key suspects have been successfully concluded," he said, adding that progress has been made regarding inquiries on crimes in detention facilities and those against migrants.
He cautioned, however, that "we cannot take this progress for granted" as the Office is facing real and profound resource restrictions. Based on a fundamental strategic review of his Office's work, he said that he has identified resource shortfalls within its regular programme budget and has requested an increased budget for 2024, particularly to investigate financial flows and proceeds of crime.
In ensuing debate, Council members called for greater cooperation between the Court and Libyan authorities and for steps to be taken to ensure a more stable ICC budget.
France's representative, taking note of the Court's request for an increased budget, welcomed progress on the lines of inquiry outlined in the strategy. She emphasized the need for cooperation with Libyan authorities to combat impunity and acknowledged progress made by the Office - as a result of such cooperation - on detention centres and crimes against migrants, leading to the arrest and prosecution of key suspects.
The United States' representative expressed disappointment at the absence of steady and reliable cooperation from the Libyan national authorities. He called on them to grant visas to investigators, enforce arrest warrants and swiftly finalize the establishment of an Office of the Prosecutor liaison in Tripoli.
Gabon's representative similarly encouraged the Prosecutor to keep working closely with Libyan authorities and to engage other stakeholders to a greater degree, including civil society. Dialogue with victims, victims' associations and local communities should be enhanced, she said, adding that there is also a need to prioritize an approach that promotes the establishment of truth, justice and reparations.
The delegate of the Russian Federation called the ICC's activities ineffective and politicized. "The only real priority for the ICC is made-to-order trials which are shamelessly paid for by Western countries," she said, suggesting that the Council - which referred the situation in Libya to the Court - consider recalling the case.
Libya's representative, speaking at the end of the meeting, said that while his delegation appreciates the Prosecutor's efforts, there is nothing new to be said. "For the Libyan people, the Libyan file before the ICC is stagnant and has been stagnant for years." Libya is committed to holding accountable all those who perpetrated crimes and atrocities, and its judiciary is committed to fair and impartial trials. He urged the Prosecutor to share the results of the Court's work, adding: "We cannot remain under the mandate of the ICC indefinitely because the Libyan judiciary was not established yesterday; it has a long history."
THE SITUATION IN LIBYA
Briefing
KARIM KHAN, Prosecutor of the International Criminal Court, said that his Office has made significant progress in the implementation of the renewed Strategic Plan which it presented 18 months ago "to deliver on the hopes and legitimate expectations of survivors in Libya". This includes accelerating its investigative activities, undertaking over 15 missions in three regions, collecting more than 4,000 items of evidence, including video and audio material, and conducting numerous interviews. The Office is reaching key benchmarks in its key lines of inquiry, in particular in addressing crimes related to the 2014-2020 operations. "Lines of investigation against key suspects have been successfully concluded," he said, adding the Office is approaching the stage "where investigative activities in relation to this priority line of inquiry can be assessed as complete". Positive progress has also been made regarding inquiries on detention facilities and crimes against migrants, he added.
Engagement with those affected by alleged Rome Statute crimes has been deepened, he continued, noting that the Office's ongoing presence in the region has helped in this regard, providing access to new key potential evidence and witnesses. The Office is also continuing to make progress in harnessing advanced technology, including cloud management of evidence and the use of artificial intelligence to transcribe video materials. It has launched a digital platform, OTPLink, allowing more secure transfer of information from stakeholders, including witnesses. His Office has also deepened collaboration with national authorities, with a more dynamic approach to complementarity. This renewed approach has been particularly impactful in investigating crimes against migrants. The Office must work as a hub, not an apex, with national authorities, he emphasized. Over the last six months, the Office has worked closely with the Joint Team investigating crimes against migrants on the Central Mediterranean Route, which it formally joined in 2022 and which represents a fundamentally new way of working with national authorities. Joint investigation missions have been carried out and weekly meetings with key partners held, while a Joint Team partners strategic-level meeting will be held in December. Based on this collective work, the Office has been able to provide tangible support in ongoing investigations and prosecutions with respect to key suspects in human trafficking in Italy and the Netherlands, he said.
He went on to describe challenges concerning cooperation in the last reporting period, including obtaining visas for operation-level field missions that would have accelerated cooperation in forensics. However, there has been "discernable improvement", with visas being received today for the team in Libya. In the last six months through the partnership with affected communities and Libyan authorities and partners, the Office has continued positive momentum and is seeing results. But "we cannot take this progress for granted", he said, emphasizing that the resource restrictions which the Office faces are real and profound. Based on a fundamental strategic review of his Office's work, he has identified resource shortfalls within the Office's regular programme budget and requested an increased budget for 2024, particularly to investigate financial flows and proceeds of crime.
There must be a provision of a clear vision as to the ultimate collective goal, he said, and referrals from the Security Council to the Office cannot be a never-ending story. The new strategy seeks to provide greater clarity on what the Office is doing and focused on. In his opinion, the results of this new strategic approach are significant and clearly discernible. As it builds on this momentum, it is critical the Office engages with the Council, the Government of Libya and survivors to chart a path for successful completion of its activities. This includes longer-term, deeper engagement with national authorities based on complementarity. Going forward, he said that he intends to work in the coming six months with key stakeholders to prepare a plan for completion of activities by the Office pursuant to resolution 1970 (2011). The aim is to complete investigative activities in relation to key lines of inquiry by the end of 2025. "Whether that goal is achievable will depend on if we can collectively deliver on the plans outlined" in the report, including through cooperation with Libyan authorities, he said.
Statements
ISHIKANE KIMIHIRO (Japan), underscoring the Court's importance in the global fight against impunity at a time when international peace and security is being challenged, said that perpetrators of serious crimes must be held accountable. He welcomed progress in the investigation led by the Office of the Prosecutor under its renewed strategy of April 2022 and noted the enhanced investigative activities regarding crimes against migrants. However, it is unfortunate that cooperation with the Libyan authorities has not made significant progress, he said, calling on those authorities and the Court to resolve outstanding issues, including with regard to visas. Japan also looks forward to the Court expediting its investigation into the 2011 violence, including the prosecution of Saif Al-Islam Gadhafi, he said.
RICCARDA CHRISTIANA CHANDA (Switzerland) said the progress made in the investigation into crimes linked to operations in 2014-2020 is particularly noteworthy and welcomed the emphasis placed on psychosocial support for victims, as well as support for witnesses in terms of security and medical assistance. Switzerland supports the Court's efforts to digitalize, thereby contributing to its openness to new technologies in order to enhance its efficiency. Further, for the Court to be able to carry out its mandate effectively, she emphasized the importance of providing human and financial resources commensurate with its tasks. Cooperation is key to enabling the court to fulfil its mandate, she added. To that end, Switzerland strongly encourages the Libyan authorities to continue their cooperation with the Office of the Prosecutor, specifically with respect to granting the visas.
HAROLD ADLAI AGYEMAN (Ghana) expressed grave concern about violations of the human rights of migrants and called for perpetrators of such crimes in Libya to be held accountable. He also welcomed the Prosecutor's commitment to work more closely with national authorities to deliver accountability for international crimes. "We encourage the continued cooperation and partnership of the authorities of Libya for the work of the Office of the Prosecutor," he said, urging the Council's sustained support for the financial resources that the Court needs. He also expressed appreciation to the United Nations entities, including the United Nations Support Mission in Libya (UNSMIL), for their continued support of the work of the Office of the Prosecutor on the situation in Libya and underlined the importance of ongoing support in anticipation of increased field missions to Libya.
CHANAKA LIAM WICKREMASINGHE (United Kingdom) welcomed progress in the implementation of the renewed strategy of the Office of the Prosecutor, as well as his update on the four key lines of inquiry in the strategy. Noting the Prosecutor's call for resources, he said that the Council must ensure that the Court is able to set out and deliver on its roadmap to complete its investigations and deliver justice for the people of Libya. He welcomed UNSMIL's support to the Court's investigations and emphasized the importance of Libyan authorities' cooperation in that regard, including in the issuance of visas to the Court's staff, provision of documentation and other evidence as well as the surrender of individuals subject to arrest warrants. He urged the Office of the Prosecutor, the Libyan authorities, UNSMIL and others to build on the progress to date and ensure the delivery of justice to the people of Libya.
ANDRIS STASTOLI (Albania) commended the Office's tangible progress achieved in all fields of inquiries. He condemned the cyberattack against the Court's infrastructure, adding, "any effort to put pressure on judges or interfere in the judicial process is unacceptable". He called on the Office to hasten the evidence collection process and support the victims of the horrific crimes. He welcomed the Prosecutor's vision for the completion of the new strategy in a reasonable time frame. "This is the way to make sure that the perpetrators of atrocity crimes at large will face justice soon." He commended the International Criminal Court's collaboration with the Independent Fact-Finding Mission on Libya and its engagement with affected communities and civil society in gathering evidence on extrajudicial killing, torture, rape, sexual slavery, inhuman treatment and crimes against migrants. His country fully supports the victims' trust fund to reintegrate them in society. The momentum for accountability is "a unique opportunity for Libya to ensure justice, support reconciliation and cut once and for all the links with the dark past", he said.
MOHAMMED AL-OLAMA (United Arab Emirates), underscoring the need for the international community's support for Libya, as it continues to suffer from the massive devastation caused by last September's floods, emphasized that it is the primary responsibility of States to prevent and address crimes committed in their territory and jurisdictions, including atrocity crimes. Therefore, he stressed the importance of the Court's continued and deepened cooperation with relevant national authorities in Libya through engagement and dialogue. Such cooperation is needed to investigate crimes against migrants, one of the Court's most urgent priorities. Close and intensified international cooperation is also necessary to dismantle the transnational organized criminal networks that prey upon migrants and displaced persons, he said. He went on to stress that peace in the region will not be possible without stopping the bloody war in the Gaza Strip, which impacts women and children, and is leading to escalating tensions in the wider region.
MARK A. SIMONOFF (United States) commended the extraordinary dedication of the Office of the Prosecutor's staff for their sustained efforts to investigate and prosecute those most responsible for the atrocities committed against the Libyan people and migrants since February 2011. The Office has strengthened its capacity to gather and analyse evidence, including forensics, open-source investigations and enhancing legal cooperation, while at the same time engaging civil society and supporting victims and witnesses. The legal element and the human element, he said, are both fundamental to Libyans and migrants who have suffered torture, rape, extrajudicial killing, arbitrary arrest and prolonged pretrial detention. While he welcomed the Office's deepening cooperation with third States, he expressed disappointment at the absence of steady and reliable cooperation by Libyan national authorities. He called on the authorities to grant visas to those involved in critical investigative missions, enforce arrest warrants and swiftly finalize the establishment of an Office of the Prosecutor liaison in Tripoli.
FRANCESCA MARIA GATT (Malta) said there has been significant progress across the lines of inquiry, particularly in addressing the 2014-2020 operations, detention facilities and alleged crimes against migrants. She commended accelerated engagement with the European Union Agency for Law Enforcement Cooperation (Europol) and with relevant national authorities. Expressing concern about crimes against vulnerable individuals, she welcomed the appointment of an investigator specializing in sexual and gender-based crimes. "We call for effective psychological and rehabilitative assistance to victims and reiterate the importance that the assistance is age-appropriate, survivor-centred and gender responsive." Acknowledging UNSMIL's continued assistance to the Office of the Prosecutor, she said that the situation in Libya warrants the international community's focus and support as the political impasse in the country still fosters instability.
MARIA ZABOLOTSKAYA (Russian Federation) said that her country's position regarding the ineffective and politicized activities of the so-called International Criminal Court and its so-called Prosecutor has not changed. Why is the Council spending time on useless runarounds with the ICC, she wondered. The Prosecutor's latest report is just as empty as his promise to prioritize the consideration of situations referred to the Court by the Council. In Darfur, the result is not just non-existent, but negative, she said. "The only real priority for the ICC is made-to-order trials which are shamelessly paid for by Western countries," she added, stating that the Court's annual budget is double that of the International Court of Justice. She suggested that the Council consider recalling the situations in Libya and Sudan, which it had referred to the Court. No justice can be expected from this puppet-like, corrupt and pro-Western pseudocourt, which is a living illustration of the decay and deterioration of international criminal justice, she said.
SÉRGIO FRANÇA DANESE (Brazil) welcomed the Office of the Prosecutor's recent engagements with the Libyan authorities, which reflect a more positive trajectory. He also underscored the importance of cooperation between State parties to the Rome Statute, as the Court has no enforcement instruments. Emphasizing the need for accountability, he said that actions must not be guided by politicization. All victims of the most serious crimes must be treated equally, regardless of the situation under investigation. He went on to encourage the Prosecutor to provide, for full transparency, additional information with respect to his four key lines of inquiry.
HERNÁN PÉREZ LOOSE (Ecuador) said the referral of the situation in Libya to the Court is of utmost importance not only to achieve accountability for crimes committed but also to achieve long-term peace and stability in the country. Noting progress achieved across the four lines of inquiry proposed within the renewed strategy for action presented in April 2022, he said that progress was made possible thanks to the Court's broadening the scope of its investigative activities, as well as information obtained from victims and their families, civil society organizations, international organizations and third States. The full cooperation of the Libyan authorities is vital to ensure that the Office of the Prosecutor, while strictly adhering to the principle of complementarity, can discharge its mandate, he stressed, urging the Libyan Government to reaffirm its commitment to operating through tangible endeavours, such as the issuance of visas for the technical team. Voicing concern about repeated budgetary constraints, he said the UN must cover the costs of cases referred to the Court by the Council.
ANNETTE ANDRÉE ONANGA (Gabon) noted tangible progress in the Office's reviewed strategy for investigations, including the digital platform for evidence submission - a critical tool and complementarity with national authorities, particularly in crimes against migrants. She called for ensuring budgetary stability to facilitate the Prosecutor's efforts to conduct the Mission in a predictable way while also ensuring the necessary flexibility. She encouraged the Prosecutor to keep working closely with Libyan authorities and to engage other stakeholders to a greater degree, including civil society. Dialogue with victims, victims' associations and local communities should be enhanced. There is also a need to prioritize an approach that promotes the establishment of truth, justice and reparations, she added. For its part, the international community needs to provide support to give the Office of the Prosecutor the means for its mission. She applauded the UNSMIL provision of on-the-ground security for the work of the Prosecutor and his team.
DIARRA DIME LABILLE (France) condemned the recent cyberattack targeting the Court and reaffirmed France's political, operational, human and financial support for the Court and its staff. She took note of the Court's request for an increase in its budget to respond to risks outlined in the new strategy presented to the Council in April 2022 and to ensure that its capacity to discharge its mandate is not undermined. As well, she welcomed progress on the four lines of inquiry outlined in the aforementioned strategy, including progress into crimes committed between 2014 and 2020, which are nearing the point of completion. Underscoring the need for cooperation with Libyan authorities to combat impunity, she noted the progress made by the Office as a result of such cooperation on detention centres and crimes against migrants, which has led to the arrest and prosecution of key suspects. She called for Libyan authorities' continued cooperation with the Office of the Prosecutor, including on the issuance of visas.
DOMINGOS ESTÊVÃO FERNANDES (Mozambique) emphasized the significance of promoting justice and accountability for atrocities committed in Libya and stressed that combating impunity is a precondition for lasting peace in Libya. He welcomed the progress achieved by the Office of the Prosecutor with regard to the lines of investigation in the areas of violence, crimes in detention facilities, crimes related to the 2014‑2020 operations and crimes against migrants. Mozambique encourages the Office to continue its investigative and prosecutorial activities, guided by the principle of complementarity, as well as the principles of independence and impartiality. Increasing engagement with victims, outlined in the report of the Prosecutor, plays an important role in the outcome of the investigation and thus, in the legitimate aim of delivering justice to the victims and survivors. Mozambique encourages the Office to continue the engaged dialogue with the Libyan authorities and stakeholders to create enabling conditions for a constructive way forward that can lead to justice, peace and stability in Libya.
ZHANG JUN (China) said that his country's position is consistent and clear. "We hope that in its specific work the Court will continue to strictly follow the principle of complementarity, as set out in the Rome Statute, respect the judicial sovereignty of the countries concerned and their reasonable views and maintain close communication and cooperation with the Libyan authorities," he said, adding that peace and stability in Libya is a prerequisite for ensuring judicial justice. "At present, promoting the political transition is a priority for the international community and the United Nations within their work in Libya," he stressed, urging to adhere to the principle of a Libyan-led and Libyan-owned process and to respect the will of the country's people, avoiding externally imposed solutions. "China supports maintaining international peace and security through pursuing accountability for the most serious international crimes," he stated, expressing hope that the Court will apply international law in an equal and uniform manner and avoid double standards and exceptions.
TAHER M. T. ELSONNI (Libya) said that while his delegation appreciates the efforts of the Prosecutor and his team, there is nothing new to be said. "For the Libyan people, the Libyan file before the ICC [International Criminal Court] is stagnant and has been stagnant for years…" including during the mandate of his predecessors. They feel that the situation may be politicized and are wondering "where are the results of the ICC after all these years", he added. "Why haven't you uncovered the names of those involved in the Tarhunah crimes, for example," he asked, recalling the Prosecutor's statement that he had submitted requests for warrants a while back. "Why is the progress so slow?" he continued, pointing to the Court's record speed in uncovering names in other situations. He welcomed the Prosecutor's 2022 visit to Libya and voiced appreciation especially for his visit to Tarhunah to look at the tragedy of the mass graves. Libya is committed to holding accountable all those who perpetrated crimes and atrocities, notwithstanding the challenges, and its judiciary is committed to fair and impartial trials for all suspects, he added.
"The ICC will not be the alternative for national courts," he continued, emphasizing that the Libyan judiciary is independent and competent. Urging the Prosecutor to share the results of the Court's work, he said: "We cannot remain under the mandate of the ICC indefinitely because the Libyan judiciary was not established yesterday; it has a long history." As the Council is addressing the topic of administration of justice, rule of law and accountability, his delegation must highlight the situation in Gaza, he said, referring to the atrocities perpetrated there by Israeli occupation forces. He recalled the Prosecutor's visit to Rafah crossing on 29 October and his statement urging action to put an end to the catastrophic situation in Gaza and called on him and the Court to take speedy measures to hold those accountable for the crimes perpetrated in the world's full view. "The ICC's credibility is on the line," he stressed.
Mr. KHAN, taking the floor a second time, agreed that complementarity is at the heart of the Rome Statute and said he is trying to give effect to it in Libya. He underlined that very real progress has been made, but as an Officer of the Court he is bound by obligations of confidentiality and subject to judicial orders, so he cannot say more than "discernable, real progress has been made". He looks forward to engaging with Libyan authorities in working together and in seeing people apprehended.
Regarding the situation in Palestine, he emphasized that there is an active investigation, and he has appointed a senior investigator in addition to the rest of the team. He realized the seriousness of the allegations there regarding hostages and the targeting of civilians and said that humanitarian relief supplies must be let in.
