Breaking: The ICC Confirms that Crimes against Migrants in Libya may Amount to International Crimes

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The ICC Prosecutor Confirms That Crimes Committed Against Migrants In Libya May Amount To International Crimes And Fall Within The ICC Jurisdiction

05-05-2022

On 28 April 2022, during a regular briefing to the United Nations Security Council on the situation in Libya, the Prosecutor of the International Criminal Court (ICC) reported that crimes committed against migrants in Libya may amount to crimes against humanity and war crimes and fall within the ICC jurisdiction. Never before had the Prosecutor been so clear on the nature of these crimes or his Office’s intention to pursue such a line of investigation.

These conclusions are fully consistent with the Article 15 Communication on War Crimes and Crimes Against Humanity Committed Against Migrants and Asylum Seekers in Libya filed on 17 January 2022 by UpRights, Adala for All, and StraLi. In his report the Prosecutor confirmed that the communication assisted his work and inquiry concerning relevant crimes committed against migrants in Libya.

The Article 15 Communication filed on 17 January 2022 – and now publicly available – concerns war crimes committed in Libya between 2017 and 2021 against migrants and asylum seekers. The Communication requests the ICC to investigate international crimes committed by Libyan armed groups against thousands of migrants, including women and children, trapped in detention centres in Libya following their interception at sea. Once returned to Libya, the victims were routinely and systematically subjected to various forms of mistreatments and abuse including murder, torture, rape, forced labour and forced conscription. The Communication underlines that the ICC Prosecutor must investigate war crimes against migrants and asylum seekers detained in Libya committed by Libyan armed groups and officials with the support of Italian and Maltese Authorities.

In a blog post published today on Justice in Conflict, UpRights co-founder Alessandro Pizzuti and Alice Giannini from StraLi discuss the ICC Prosecutor’s report to the United Nations Security Council and the content of the Article 15 Communication filed on 17 January 2022. The post reconstructs some of the challenges, in terms of qualification and jurisdiction, which are behind the ICC Prosecution’s conclusion that the abuses against migrants in Libya may qualify as war crimes and crimes against humanity.

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