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ICC Prosecutor Reveals Libya Investigative Strategy to UN Security Council – JURIST

International Criminal Court (ICC) Prosecutor Karim AA Khan unveiled a new four-pronged investigative strategy for the ongoing investigation into the situation in Libya to the UN Security Council on Thursday. The ICC investigation focuses on alleged crimes against humanity and war crimes committed in Libya since the overthrow of Muammar Gaddafi’s government in February 2011. The investigation also includes three unexecuted arrest warrants issued by the ICC. The ICC launched its investigation in March 2011. Libya is not a party to the Rome Statute. Therefore, the ICC derives its jurisdiction for this investigation from a unanimous reference from the Security Council. In March 2022, the Office of the United Nations High Commissioner for Human Rights (OHCHR) expressed concern about the “intensifying repression” against civil society in Libya, including arbitrary arrests and smear campaigns on social media. . The OHCHR noted a “seriously chilling effect” on human rights defenders, humanitarian workers and other civil society actors. The United Nations Independent Fact Finding Mission on Libya found in its March 2022 report that international human rights and humanitarian law are being violated in Libya. The new investigative strategy revealed by the ICC prosecutor puts the emphasis on survivors. First, he prioritizes referrals made by the Security Council by allowing additional resources and further financial investigation, especially for sexual and gender-based crimes. The prosecutor’s office is also relying on new technologies, including artificial intelligence and machine learning, to speed up investigations. The second pillar is to empower witnesses and survivors to allow their participation in the investigation process. The prosecutor seeks to work with Libyan states wherever possible and establish an enhanced regional presence in Libya. The third pillar is to enhance engagement with the Libyan national authorities. The prosecutor noted that the Rome Statute, based on the principle of complementarity, requires his office to support national accountability efforts. However, if the national authorities seem unwilling or unable to carry out investigations, his office will continue its work. The prosecutor hopes to create a more systematic and structured approach to working with the Libyan authorities, including the development of a Memorandum of Understanding. The fourth pillar is to increase avenues of accountability through better cooperation with third States, international and regional organizations, including the UN Special Mission. in Libya and the Special Adviser to the Secretary-General on Libya. The ICC prosecutor concluded by stating that cooperation is a “two-way street” and that his office will be a recipient of cooperation and will contribute to national accountability processes.



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ICC Prosecutor Reveals Libya Investigative Strategy to UN Security Council – JURIST

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