“The Security Council is watching Libya descend into chaos as horrendous crimes multiply,” said Richard Dicker, International Justice Director at Human Rights Watch. “Given the Libyan authorities’ inability to rein in these abuses, much less prosecute those responsible, it’s time for the ICC prosecutor to expand her investigations.”
The briefing comes as armed conflicts combined with the collapse of a central government authority have eliminated any semblance of law and order in many parts of Libya. Unchecked violence stemming from the hostilities has killed hundreds of people, including civilians, displaced hundreds of thousands from their homes, contributed to a rise in migrant boats departing Libya for Europe, damaged medical facilities, and destroyed vital civilian infrastructure, including Tripoli’s main airport.
In the face of rising instability, the UN has been facilitating a dialogue aimed at creating a national unity government and ending the armed hostilities.
Over the last year, armed groups have attacked civilians and civilian property, with violations in some cases that amount to war crimes. Human Rights Watch has also documented other serious violations of international law since 2011, including arbitrary detentions, torture, forced displacement, and unlawful killings. Many of these violations are sufficiently organized and widespread to amount to crimes against humanity, according to the organization.
"Libyan authorities have failed to investigate or prosecute those responsible for grave violations. Inaction by authorities in Libya to address escalating crimes has contributed to a culture of impunity and has helped set the stage for the lawlessness in Libya today," Human Rights Watch said.
In a November 5, 2014 letter, Human Rights Watch urged the ICC prosecutor, Fatou Bensouda, to consider serious ongoing violations in Libya beyond the scope of her current investigation. Bensouda, who has jurisdiction over war crimes, crimes against humanity, and genocide committed in Libya since February 15, 2011, has not pursued a further investigation, citing instability in Libya and lack of resources as obstacles to more probes in the country by her office.
Libya has yet to hand over to the court Saif al-Islam Gaddafi despite a Security Council resolution requiring cooperation with the court and an outstanding ICC request to hand him over. Saif al-Islam Gaddafi is wanted by the ICC for crimes against humanity for his alleged role in attacks on civilians, including peaceful demonstrators, during the country’s 2011 uprising.
“It’s past time for the Security Council to understand that justice for current abuses in Libya will be essential for a durable peace,” said Dicker adding that silence by Security Council members on the impunity plaguing Libya today would be an affront to thousands of victims.
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