The Prosecutor of the International Criminal Court will brief the United Nations Security Council on the situation in ليبيا. This briefing comes at a critical moment for accountability efforts in Libya.

On 18 January 2025, ICC judges issued an arrest warrant for Mr Osama Elmasry Njeem (‘Osama Almasri Njeem’) for alleged crimes against humanity and war crimes, including murder, torture, rape, and sexual violence, committed in Libya from February 2015 onwards. The ICC requested 6 States Parties to arrest the suspect, including Italy, an ICC member state since 1999.

The ICC reports that Mr Njeem was arrested by Italian authorities on 19 January, before being released from custody and transported back to Libya.

𝐖𝐡𝐞𝐧 𝐭𝐡𝐞 𝐂𝐨𝐮𝐫𝐭’𝐬 𝐣𝐮𝐫𝐢𝐬𝐝𝐢𝐜𝐭𝐢𝐨𝐧 𝐢𝐬 𝐭𝐫𝐢𝐠𝐠𝐞𝐫𝐞𝐝 𝐛𝐲 𝐭𝐡𝐞 𝐔𝐍 𝐒𝐞𝐜𝐮𝐫𝐢𝐭𝐲 𝐂𝐨𝐮𝐧𝐜𝐢𝐥, 𝐭𝐡𝐞 𝐝𝐮𝐭𝐲 𝐭𝐨 𝐜𝐨𝐨𝐩𝐞𝐫𝐚𝐭𝐞 𝐰𝐢𝐭𝐡 𝐭𝐡𝐞 𝐈𝐧𝐭𝐞𝐫𝐧𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐂𝐫𝐢𝐦𝐢𝐧𝐚𝐥 𝐂𝐨𝐮𝐫𝐭 𝐞𝐱𝐭𝐞𝐧𝐝𝐬 𝐭𝐨 𝐀𝐋𝐋 𝐔𝐍 𝐌𝐞𝐦𝐛𝐞𝐫 𝐒𝐭𝐚𝐭𝐞𝐬, 𝐧𝐨𝐭 𝐣𝐮𝐬𝐭 𝐈𝐂𝐂 𝐒𝐭𝐚𝐭𝐞𝐬 𝐏𝐚𝐫𝐭𝐢𝐞𝐬. This includes the crucial obligation to arrest and surrender individuals subject to ICC arrest warrants.

In light of this, the Coalition for the International Criminal Court urges all ICC States Parties at the #UNSC to:

  1. Reaffirm the legal duty to cooperate with the ICC in its investigations in Libya, including the active arrest and surrender of suspects;
  2. Denounce any failure to do so;
  3. Demand concrete follow-up when non-cooperation occurs.

In advance of today’s bi-annual briefing to the UN Security Council on the Situation in Libya, Coalition members issued strong recommendations to States Parties and other key stakeholders:

  • Lawyers for Justice in Libya published a shadow report to counter the narrative on the alleged progress carried out in the investigations in the Libya situation, and to illustrate the situation from within Libya as experienced by Libyan CSOs, victims and affected communities of serious international crimes.
  • In a statement, Libya Crimes Watch (LCW) expressed deep concern for the rapidly deteriorating security situation in Tripoli, calling for urgent action to ensure accountability for gross violations of human rights and international law, especially in relation to the case of Osama Najim and systematic violations committed by the Stability Support Authority (SSA).
  • “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,” said Balkees Jarrah, acting Middle East and North Africa director at Human Rights Watch.