ICC extends its Libya timeline opening new opportunities for justice

Amid armed violence, allegations of war crimes and mounting tensions in Tripoli this week, the Prosecutor of the International Criminal Court (ICC), Karim Khan, yesterday delivered an important briefing to the UN Security Council (UNSC) on its ongoing Libya file.

In this timely address, Khan announced two major developments that significantly extend the timeline of the ICC’s investigations – potentially reshaping the trajectory of justice and accountability efforts in the country.

First, the Prosecutor confirmed that his office will complete all investigative activities in the Libya file by the first quarter of 2026. While this represents only a slight extension to the original timeline, this change aligns with calls from Lawyers for Justice in Libya (LFJL) and other civil society organisations, who have repeatedly urged the Prosecutor to reconsider the ICC’s completion strategy for Libya. These calls stem from concerns about the consistent lack of cooperation by the Libyan authorities, and the absence of realistic prospects to successfully complete investigations before December 2025.  

The second major update from the Prosecutor was the announcement that, on 12 May 2025, the ICC’s Registrar had received a declaration from Libya – despite being a Non-State Party to the Rome Statute of the ICC – accepting the ICC’s jurisdiction over alleged crimes committed on its territory between 2011 and the end of 2027. In practice, this would mean the Court can continue to investigate past and current crimes committed in Libya.

While the Court is currently examining the declaration, it could prove critical for advancing accountability and justice in Libya, both by extending the scope for investigation and prosecution, and by clarifying the ICC’s mandate, particularly regarding ambiguities stemming from the 2011 Security Council referral. Where there were possible disputes on whether the referral limited the Court’s jurisdiction to 2011 conflict-related crimes, this new declaration conclusively clarifies that the ICC can, in fact, pursue all Rome Statute crimes committed in Libya from 2011 to 2027.  

The Prosecutor described this as marking a “new chapter of action” for the Court’s work in Libya. To that end, this development is especially significant in light of recent events in Tripoli, where fresh rounds of violence and harm to civilians have once again highlighted that serious crimes under the Rome Statute, such as war crimes and crimes against humanity, continue to be committed across the country with impunity.

With no realistic prospect for accountability in Libya, particularly for senior commanders and other political leaders, we are reminded that international accountability mechanisms must be in place to challenge the entrenched impunity that is fuelling today’s instability.

“We remain seriously concerned about the Libyan authorities’ lack of genuine cooperation with the ICC. Without concrete steps towards accountability, this declaration by the Government of National Unity in itself does not demonstrate willingness for justice. However, the renewed mandate gives the ICC more time and space to carry out its work and potentially make a real impact in Libya. It must now seize this opportunity and ensure its efforts contribute meaningfully to breaking the cycle of impunity, violence and injustice in Libya,” said Mehdi Ben Youssef, Programme Lead at LFJL.

LFJL will continue to monitor developments closely on the ground in relation to the ICC’s investigations and the recent violence. In this critical period, we call on the Prosecutor to pay particular attention to the escalating crackdown on civil society in Libya and take action to better support their work – without which the Court cannot conduct investigations, now or in the future.