Russia’s delegate to the United Nations attacked the role of the International Criminal Court in Libya, saying that it was implementing a political agenda.
The Russian delegate said during the Security Council session that Khan allows the investigation into the cases referred to him to be undermined and ignores the standards of international law, adding that it is appropriate to withdraw the Libyan files from the court and refer them to the Libyan national judicial authorities.
For his part, the US representative praised the progress in the investigation process, stressing the need to begin at least one trial before the end of 2025.
The American delegate said that impunity must end and “we urge the Libyan authorities to strengthen accountability and cooperate with the court by providing information and bringing in those wanted with arrest warrants,” saying that they remember the heinous crimes committed by the women and those who cooperated with them.
The American delegate called for establishing programs to protect witnesses, provide psychological support, and address episodes of violence, stressing support for the work of the court, which is considered essential for achieving justice in Libya and other places in the world, he said.
In turn, the Chinese representative expressed his hope that the International Criminal Court would respect Libya’s judicial sovereignty, work closely with the authorities there, and enjoy impartiality and objectivity, he said.
The Chinese delegate said that the court’s jurisdiction over Libya should not continue indefinitely, stressing that its aim is to support Libya in confronting impunity, according to him.
For his part, the French representative said that Khan’s new strategy accelerated progress in the investigation, and we welcome the disclosure of the latest arrest warrants and the transition to the trial phase before the end of 2025.
The French delegate added that the increased cooperation from the Libyan authorities is important and that they encourage them to help the court obtain information, adding that it is important for the court to have the necessary financial and human resources, calling for allocating budgets to it, he said.
For his part, the United Kingdom delegate called on the Libyan authorities to implement the rule of law, reiterating their commitment to working with the Prosecutor General, and affirming their strong support for the court and its independence, he said.
In turn, the Algerian delegate condemned the violence in Libya, saying that they have strong relations with Libya and are following the crisis there with deep concern, stressing that their position is derived from the sanctity of justice, the sovereignty of Libya, and the necessity of regional stability, according to him.
The Algerian delegate said that the current crisis is a direct result of an unfortunate decision by the Council in 2011, adding that the international community bears a collective responsibility and owes a great debt to the Libyan people, according to him.
The Algerian representative stressed the need for the International Criminal Court to respect the Libyan judicial authorities and not be an alternative to them, calling on the International Criminal Court to issue arrest warrants and initiate prosecution of war criminals in Palestine and the occupied territories, he said.
Source: Security Council session
What are the main challenges facing the ICC in its efforts to prosecute crimes in Libya?
Interview Between Time.news Editor and International Law Expert on the Recent UN Security Council Session on Libya
Editor: Good afternoon, and thank you for joining us today. With the recent UN Security Council session discussing the role of the International Criminal Court (ICC) in Libya, there’s much to unpack. We have with us Dr. Sarah Chen, an expert in international law and accountability. Welcome, Dr. Chen.
Dr. Chen: Thank you for having me. It’s a pleasure to be here.
Editor: Let’s dive straight in. The Russian delegate criticized the ICC for allegedly pursuing a political agenda in Libya. How credible are these concerns regarding the ICC’s impartiality?
Dr. Chen: That’s a significant point. The criticisms from Russia are not entirely new; they echo a longstanding skepticism some nations have towards the ICC, particularly when geopolitical interests are involved. However, the ICC has a mandate to investigate and prosecute serious international crimes objectively. The challenge often lies in the balance between international norms and local judicial sovereignty.
Editor: Speaking of sovereignty, the Chinese representative urged the ICC to respect Libya’s judicial sovereignty. Do you think there’s an effective way for the ICC and Libya’s judicial authorities to collaborate?
Dr. Chen: Yes, effective collaboration is crucial. The ICC should work alongside Libya’s judicial authorities to bolster local capacities while ensuring accountability. This can be beneficial for both parties. It can strengthen Libya’s judicial system and enhance the legitimacy of the ICC’s actions. However, this partnership must be rooted in mutual respect and a commitment to upholding justice.
Editor: The U.S. representative emphasized the need to initiate at least one trial before the end of 2025. What are the implications of this timeline for the ICC and Libya’s justice system moving forward?
Dr. Chen: Setting a timeline can indeed be useful in maintaining momentum, but it also poses challenges. While pushing for trials is essential for accountability, it’s equally important that these proceedings adhere to due process and fair trial standards. If rushed, there’s a risk that justice could be compromised. However, if done correctly, a timely trial could rebuild public trust in justice mechanisms in Libya.
Editor: Impunity has been a major concern in Libya. What steps should Libyan authorities take to align with the ICC’s objectives and support accountability?
Dr. Chen: To combat impunity, Libya needs to strengthen its legal frameworks and institutions. Key steps could include establishing witness protection programs, providing psychological support for victims, and ensuring cooperation with the ICC by extraditing individuals with arrest warrants. These initiatives would not only align with ICC objectives but also reinforce Libya’s commitment to human rights.
Editor: The French delegate mentioned a new strategy from ICC Prosecutor Karim Khan, suggesting it has increased progress in investigations. What might these strategies look like in practice, and how effective could they be?
Dr. Chen: Khan’s approach has focused on increased transparency and cooperation with member states, which is promising. This includes disclosing arrest warrants and engaging with local authorities more proactively. Effectiveness will depend on the implementation of these strategies and the political will of Libyan authorities to cooperate with the ICC. Sustained engagement is critical, and it requires a commitment from both the ICC and Libyan officials.
Editor: Given the complexity of this situation, what is your overall assessment of the role of the ICC in Libya and its future?
Dr. Chen: The ICC has a vital role in promoting accountability in Libya, but its effectiveness hinges on cooperation from local authorities and support from the international community. The court must navigate carefully between respecting Libya’s sovereignty and ensuring justice is served for victims of heinous crimes. Moving forward, fostering a collaborative environment will be essential for both justice and reconciliation in Libya.
Editor: Thank you, Dr. Chen, for your insights. It’s apparent that the situation in Libya is evolving and will require ongoing attention from both local and international actors. We appreciate your time today.
Dr. Chen: Thank you for the opportunity to discuss this critical issue. It’s vital we continue advocating for justice and accountability in places like Libya.