ICC Deputy Prosecutor Nazhat Shameem Khan concludes official visit to Tripoli, discusses cooperation towards completion

From 21 to 24 April 2024, the Deputy Prosecutor of the International Criminal Court (ICC), Ms Nazhat Shameem Khan, conducted an official visit to Tripoli to hold consultations with the Attorney General of Libya and civil society organisations in furtherance of the Office of the Prosecutor’s (OTP) investigative activities and the eventual completion of this phase of the Office’s work in Libya. Her visit follows the statement of Prosecutor Karim A.A. Khan KC to the UN Security Council in November 2023 that the Office aims to complete investigative activities in the situation in Libya by the end of 2025, subject to deeper engagement with national authorities based on the principles of complementarity and cooperation. 

In this, her second visit to Tripoli following a June 2022 mission, Deputy Prosecutor Khan held meetings with the Libyan Attorney General, Mr Al Sidieg Al Sour, the United Nations Support Mission in Libya (UNSMIL), and civil society organisations. 

In her meetings, the Deputy Prosecutor elaborated on the Office’s recent activities in relation to the situation in Libya, explained completion and fostered a constructive dialogue with national and international stakeholders. 
Deputy Prosecutor Khan noted that until the end date, the Office will continue its investigations pursuant to UNSC Resolution 1970 (2011), through which the Council referred the situation to the OTP. Thereafter, the Office intends to move towards the judicial phase of its activities, while continuing to work on arrest strategies, preservation of evidence, support to national authorities, and ensuring its obligations to protect victims and witnesses. 

Deputy Prosecutor Khan further discussed efforts to improve complementarity and cooperation to promote accountability. The Deputy Prosecutor said the Office would pursue cases while supporting national accountability efforts. Discussions also focused on securing the support of national officials and UNSMIL for an enhanced presence of the Office in Tripoli, in line with the Office’s policy on complementarity and cooperation.

Further to Deputy Prosecutor Khan’s meetings in Tripoli, she welcomed the opportunity to engage with Libyan civil society organisations in Tunis on 25 April 2024. During this meeting, Deputy Prosecutor Khan underlined the Office’s commitment to provide tangible results in the situation in Libya and to continue engagement with civil society organisations. She also discussed details of complementarity and cooperation initiatives in line with the Office’s policy paper.

The situation in Libya is a priority for the OTP. In 2022, Prosecutor Khan outlined a renewed investigative strategy for the situation, which resulted in the allocation of additional resources, advancing investigations across key lines of inquiry, and increased engagement with those impacted by alleged crimes. Prosecutor Khan also visited Libya in November 2022, and briefed the UNSC from Tripoli. 

Background

On 26 February 2011, the United Nations Security Council unanimously referred the situation in Libya since 15 February 2011 to the ICC in Resolution 1970 (2011). The ICC may therefore exercise its jurisdiction over crimes listed in the Rome Statute committed on the territory of Libya or by its nationals from 15 February 2011 onwards.
The situation in Libya was the second to be referred to the ICC by the UNSC and the second ICC investigation on the territory of a non-State Party to the Rome Statute (Darfur was the first). See the ICC Prosecutor’s reports to the UNSC on the investigation.

More Information

Statement of ICC Prosecutor Karim A.A. Khan KC to the UN Security Council on the Situation in Libya, pursuant to Resolution 1970 (2011) | International Criminal Court (icc-cpi.int)

Statement of ICC Prosecutor, Karim A. A. Khan KC, to the United Nations Security Council on the Situation in Libya, pursuant to Resolution 1970 (2011) | International Criminal Court (icc-cpi.int)

ICC Deputy Prosecutor, Ms Nazhat Shameem Khan, concludes technical visit to Tripoli, underlines commitment of the Office of the Prosecutor to renewed strategy for action in relation to the Situation in Libya | International Criminal Court (icc-cpi.int)

For more on the situation in Libya, see here. For further details on "preliminary examinations" and "situations and cases" before the Court, click here, and here.