New york: Libya’s cooperation with the International Criminal Court (ICC) must be based on integration and support for the national judiciary, according to Libya’s Permanent Representative to the United Nations, Taher El-Sunni. He reaffirmed the ongoing collaboration between the Presidential Council, government, and the Libyan Attorney General with the ICC, despite the current challenges, commending the Court’s efforts in holding perpetrators of international crimes in Libya accountable.
According to Libyan News Agency, El-Sunni, in his address to the Security Council regarding the ICC Prosecutor’s report on Libya, emphasized that the government prioritizes the rights of Libyan victims. He underscored that the Court’s jurisdiction should adhere to the principle of complementarity rather than substitution, asserting that national courts are the primary authorities. This principle, he explained, was discussed with the Deputy Prosecutor to enhance cooperation through the exchange of investigations and evidence, especially when arresting or investigating suspects under national legislation is challenging.
El-Sunni detailed the Public Prosecutor’s efforts in the Tarhuna mass graves case, noting that 614 cases were investigated, resulting in 255 judicial decisions and 220 referrals to the ICC. Fifty-two individuals were detained pending investigation, while 111 arrest warrants were issued for crimes including murder, kidnapping, enforced disappearance, and torture. He highlighted that five perpetrators, considered fugitives abroad, require intensified efforts and coordination with the Public Prosecutor’s Office to ensure their arrest.
Efforts to combat terrorism and organized crime were also highlighted, with the Deterrence Apparatus submitting 1,231 cases to the Public Prosecutor’s Office, including 38 cases of membership in a banned organization. This led to the arrest of Hashim Abu Sidra, an ISIS governor, contributing to the weakening of the organization both domestically and internationally.
Regarding human trafficking and migrant smuggling, El-Sunni revealed that 26 cases have been filed against defendants with numerous foreign nationals arrested. He emphasized the necessity of trying the accused according to national legal procedures and stressed that individual transgressions do not represent the state or its institutions.
El-Sunni added that crimes have no statute of limitations under Libyan law, emphasizing the importance of supporting the national judicial system, including the Public Prosecutor’s Office, investigation teams, and judicial and law enforcement agencies for continued justice administration, despite existing divisions.
He urged the court to uphold the principle of complementarity and improve communication channels, cautioning against political pressure or the politicization of its work. The Permanent Representative asserted that crimes and atrocities in Libya result from the absence of a comprehensive political solution and negative interventions over the past 15 years, expressing Libya’s desire not to remain under the ICC’s agenda or Chapter VII of the UN Charter indefinitely.
In conclusion, El-Sunni called on the international community to focus on supporting national reconciliation through transitional justice and truth-seeking, rooted in the principle that peace cannot exist without justice.