Towards a proactive and victim-centred approach by the ICC in Libya

Ahead of the 21^st Session of the Assembly of State Parties (ASP) of the International Criminal Court (ICC or the Court), taking place from 5 to 10 December 2022, Lawyers for Justice in Libya (LFJL) outlines important recommendations in the hope that they will guide the session's priorities around Libya and beyond. In doing so, LFJL has highlighted issues that it believes are crucial in rendering the ICC more effective in pursuing justice and accountability for victims in the Libyan context.

This ASP takes place at a crucial time for the ICC in Libya. After more than a decade without any tangible progress in Libya, the Office of the Prosecutor (OTP) took some positive steps this year, including publishing an updated roadmap for accountability in Libya, establishing a more regular presence in the region, and the submission of new applications for arrest warrants. However, these efforts come at a time when local trust in the ICC is at an all-time low. This is a result of years of minimal engagement by the ICC with victims and the civil society actors supporting them, as well as the failure to address the continuous crackdown of Libyan civil society.

Ensuring greater efforts to improve the work of the ICC falls on the Court and all its bodies, as well as State Parties. Our recommendations are:

• Ensure that the Court has adequate resources to fulfil all aspects of its mandate in Libya. 
• Uphold the fundamental principles of the Rome Statute that guarantee victims’ rights and role before the Court, including through adequate outreach and victim participation in the Libya situation. 
• Promote and protect Libyan civil society working towards justice and accountability.
• Promote positive complementarity with a focus on delivering meaningful justice to all victims of Rome Statute crimes in the Libyan situation.
• Investigate and prosecute crimes against humanity and war crimes committed against migrants and refugees in Libya.

Read the recommendations here.

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