Shadow Report to the 29th report of the Prosecutor of the International Criminal Court on Libya

On 15 May 2025, the Prosecutor of the International Criminal Court (ICC) will brief the United Nations Security Council (UNSC) on developments in the Libya situation since the last briefing in November 2024. According to the roadmap for completion that the ICC Prosecutor put forward, 2025 should be the last year of investigations on Libya.

The ICC’s Office of the Prosecutor (OTP) previously identified benchmarks that should be met for successful completion of the investigations. The benchmarks include: (i) successful cooperation with the Libyan authorities; (ii) the issuance of further additional arrest warrants; and (iii) the beginning of a trial prior to the end of 2025.  

The progress that the OTP has made in successfully meeting these benchmarks in the last six months is limited: serious international crimes that fall within the Court’s jurisdiction are widespread; civic space is shrinking, and human rights defenders, journalists, lawyers are increasingly under attack. The Libyan authorities do not intend to effectively and meaningfully cooperate with the Court, nor State Parties to the Rome Statute appear to be willing to contribute to justice in Libya.  

Ahead of tomorrow's briefing, LFJL publishes a Shadow Report to counter the narrative on the alleged progress carried out in the investigations in the Libya situation, and to illustrate the situation from within Libya as experienced by Libyan CSOs, victims and affected communities of serious international crimes.  

LFJL also sets out recommendations to the OTP, to State Parties to the Rome Statute, and to the Libyan authorities with a view to supporting the ICC in maximising the impact in the Libya situation.

To the OTP:

• Provide a transparent assessment report on the benchmarks set out in the roadmap for completion, identifying in detail whether they have been met and what steps your Office will take to meet benchmarks. Consult with Libyan civil society in the preparation of this report.  

• Set out the next steps in the roadmap towards completion, and provide a revised timeline, where necessary.  

• In your report and statement to the UNSC, remind the Libyan authorities of their obligation to protect against, and refrain from, reprisals against civil society organisations, activists and others supporting the OTP’s investigation and the Court’s mandate in the Libya situation.  

• Reiterate the obligation of all State Parties to the Rome Statute to cooperate with the Court in the arrest and surrender of suspects subject to an arrest warrant.  

• Adjust the roadmap to completion by including as an additional benchmark the effective protection of CSOs, victims, witnesses and affected communities and all other stakeholders supporting the Court’s mandate in the Libya situation.

To the Libyan authorities:

• Facilitate effective OTP’s investigations across Libya, including by allowing unrestricted access to prisons and detention facilities, in all the regions of the country.

• Promptly arrest and surrender to the Court suspects with pending arrest warrants currently located in Libya.

• Cease the systemic crackdown on CSOs, activists and other stakeholders supporting the Court’s mandate in Libya.

• Develop a domestic legal framework that is in line with Libya’s international obligations.

To State Parties:

• Cooperate fully with the Court in its investigation and prosecution of crimes within the jurisdiction of the Court (Article 86), and comply with requests for arrest and surrender (Article 89 (1)).

• Call on the Libyan authorities to fully cooperate with the OTP with a view to delivering justice and accountability for serious international crimes committed in Libya since 2011.  

• Request from the Prosecutor more transparency and clarity about the OTP’s activities carried out to successfully meet the benchmarks to complete the investigative activities in the Libya situation.

• Support and provide required all necessary resources to the Court to effectively deliver its mandate in the Libya situation, including in regard to the rights of victims and affected communities to information, participation, and redress.

Read the full report in English and Arabic.