Saif al Islam Gaddafi’s killing must not close door to justice and accountability for 2011 violence

Saif al Islam Gaddafi was killed on 3 February 2026, almost exactly 15 years after the 2011 uprising that led to the fall of his father’s regime. The son of Muammar Gaddafi, he was wanted by the International Criminal Court(ICC) for war crimes and crimes against humanity allegedly committed in 2011 during the uprising and was part of a regime responsible for decades of serious human rights violations.

“There was so much hope in 2011 when we heard that the judges of the ICC had issued a warrant for Saif Gaddafi’s arrest. This promise of accountability, justice and the rule of law – all of which was so absent during Gaddafi’s rule - felt within reach. His killing, fifteen years later, without having had a chance to answer for hisalleged crimes, shows that this promise remains an aspiration.” said Elham Saudi, Executive Director and co-founder of Lawyers for Justice in Libya, founded in 2011.    

Extrajudicial killings are violations of Libyan law and international human rights law, including the right to life under Article 6 of the International Covenant on Civil and Political Rights (ICCPR). The Attorney-General in Tripoli has stated that his office will investigate Saif Gaddafi’s killing. It is imperative that any investigation must be transparent and impartial and that those responsible are brought to justice in a fair trial.

“The settling of scores outside the law has become the norm in Libya, meaning that victims are deprived of justice and redress, due process is undermined and the rule of law is sacrificed, continued Saudi, “it is a scenario in which we all lose as Libyans.”  

The death of Saif Gaddafi will terminate the ICC’s case against him. However, it should not close the file on accountability for 2011 violence. It highlights the urgent need for the ICC, Libyan and other national authorities to cooperate and continue pursuing all available legal avenues to provide justice for victims, including through domestic proceedings consistent with international law. Evidence collected in Saif Gaddafi’s case should alsobe made available in line with the Rome Statute to support such proceedings and Libya’s transitional justice processes.  

Ensuring accountability and justice is essential to address past abuses, reduce the risk of further violence and thus reinforce the aspirations that motivated the 2011 uprising.  

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