Libyan governments go head to head over ICC jurisdiction

On July 27th, the eastern government of Libya announced that it is rejecting the jurisdiction of the International Criminal Court (ICC) for the crimes committed in Libya from 2011 to 2027, according to the Libya Review.

In 2011 a NATO-led uprising against dictator Moammar Gadhafi split Libya into two rival administrations, one in the western capital of Tripoli backed by the UN and other foreign governments, and the other in the east aligned with the Libyan National Army and backed by Egypt and Russia.

Since 2011 the nation has been overrun with armed militias, with many members having been accused of war crimes or crimes that break international human rights laws- the ICC currently has 11 warrants for arrest placed in connection with war crimes in Libya.

This announcement from the eastern government follows a declaration made by the Government of National Unity (GNU) in Tripoli that they are accepting the mandate of the ICC under Article 12(3) of the Rome Statute, according to the Libya Review.

Libya has not signed the Rome Statute, the treaty that established the ICC, but Article 12(3) allows states who have not signed to give the ICC jurisdiction over crimes that have taken place in their nation.

Justice Minister Khaled Massoud sent a legal memorandum to the ICC which was made public on July 27th. It read that the GNU’s declaration regarding ICC jurisdiction is “legally void” and has no constitutional legitimacy.

The memorandum warns the ICC against accepting the declaration of the GNU as it would be “unilateral and unauthorized steps” and any acceptance of ICC jurisdiction must come from a legitimate and constitutionally mandated authority.

Massoud also argues that the GNU is a “defunct” administration that has no legal authority since the House of Representatives, based in the east of Libya, made a vote of no confidence against them.

On this basis the eastern government is accusing the GNU of violating Libyan sovereignty as it has no legitimate power to engage in legal commitments.

The eastern government is calling on the ICC to respect Libya’s internal legal framework, however their response to the GNU’s declaration directly contradicts the announcement from the ICC prosecutor Karim Khan in May.

Khan told the UN Security Council that Libya had granted jurisdiction to investigate crimes committed over the past decade since the overthrow of Gadhafi, labelling it a crucial step towards justice and accountability according to the Libya Review.

This announcement from the ICC and the GNU’s declaration accepting their jurisdiction has not made the relationship between the ICC and Libya smooth sailing.

On July 13th the Tripoli government announced that it was rejecting a request from the ICC to extradite a former senior commander in an armed militia who faces 12 charges of serious crimes including crimes against humanity.

The GNU states that they have decided to deal with the matter internally.

Libya Review/Maghrebi