Libya Archives - UpRights

Berlin/The Hague/Turin, 5 March 2025. Following an urgent request by UpRights, StraLi, and SOS Humanity, the United Nations Human Rights Committee has, for the first time, ordered Malta to take immediate action to fulfill its obligations under international law. The Committee instructed Malta on 4 March 2025 to urgently coordinate a search and rescue operation for 32 individuals who have been in distress for four days near and on the Miskar gas platform. Malta must also ensure their disembarkation in a place of safety.

On 1 March 2025, the emergency hotline Alarm Phone was alerted about a severe case of distress at sea: 32 people, including several minors and 2 children, reported to be in distress on an unseaworthy rubber boat in the overlap of the Maltese and Tunisian search and rescue zones. Although Alarm Phone relayed the alerts to the Tunisian, Maltese, and Italian authorities, none of the responsible authorities coordinated a search and rescue operation in compliance with their legal duties. Malta’s neglect to coordinate and rescue people from distress is a systematic pattern by which people’s lives are put at risk.

On 3 March 2025, the organisations UpRights, StraLi, and SOS Humanity jointly submitted a request for interim measures to the United Nations Human Rights Committee on behalf of the persons in distress. The request urges Malta to take all necessary measures to coordinate a search and rescue operation and to ensure that the individuals in distress are rescued and disembarked at the nearest place of safety. Malta did not react to any communication concerning the distress case despite being ordered to coordinate search and rescue by the UN Human Rights Committee.

“As a search and rescue organisation, we have been witnessing Malta’s deadly policy of non-assistance for many years,” says Mirka Schäfer, political spokesperson for SOS Humanity. “Time and again, Maltese authorities have refused to coordinate search and rescue operations with our rescue ship Humanity 1, even going so far as to hang up or play music when we call. Malta must be held accountable for behaviours of non-assistance and violation of the non-refoulement principle.”

The people had departed from Zuwara, Libya, on an unseaworthy rubber boat. “The people were already in a critical condition when they contacted us. They have been without food for days and had to endure severe winds and strong currents,” Sophie-Anne Bisiaux from Alarm Phone explains. “They told us that one person had already died at sea. Later they reported that the remaining survivors were stranded on the gas platform Miskar”. The platform is located in the Gulf of Gabès, in international waters within the overlap of the Maltese and Tunisian search and rescue zones. In the afternoon on 4 March, the rescue vessel Aurora, operated by Sea-Watch, finally rescued the 32 persons.

The submission to the UN Human Rights Committee was made on behalf of the 32 persons in distress, urging it to issue interim measures requiring Malta to prevent imminent and irreparable harm to the right to life and the prohibition of torture and other forms of ill-treatment (Articles 6 and 7) enshrined in the International Covenant on Civil and Political Rights (ICCPR).

“According to international human rights and maritime laws, Malta must coordinate search and rescue operations in its search and rescue zone,” says Serena Zanirato from StraLi. “This also entails ensuring that people rescued from distress are disembarked in a place of safety where their fundamental rights and the principle of non-refoulement are respected.”

Yesterday, 4 March 2025 at 11:29 a.m. (CET), the UN Human Rights Committee issued a decision requesting Malta to take all measures necessary to coordinate a search and rescue operation to rescue the 32 persons in distress “to ensure that they are not disembarked in a place where they will be at risk of torture and other forms of ill-treatment or risk to their life”. The decision by the Committee is legally binding and requests Malta to inform them about the measures taken.

“We strongly welcome the Human Rights Committee’s response which is a crucial decision urging Malta to uphold its obligations under international law,” comments Valérie Gabard, co-Director of UpRights. “It is very concerning that the Maltese authorities did not react at any point despite the decision of the Committee. The decision recalls once again that Malta must adhere to its duty to coordinate rescues in its search and rescue zone. We demand that Malta ensures that people in distress are rescued and disembarked in a place of safety.”

Press contacts:

Wasil Schauseil, press@sos-humanity.org, SOS Humanity

Miriam Corgiat, info@strali.org, StraLi

Valérie Gabard, info@uprights.eu, UpRights

Sophie-Anne Bisiaux, Contact@alarmphone.org, Alarm Phone

UpRights and StraLi welcome the recent ruling of the Italian Court of Cassation (Judgment No. 4557 of Feb. 1, 2024, Fifth Criminal Section). The Court of Cassation’s decision upholds the conviction of the captain of the Italian-flagged tugboat Asso 28, which, in July 2018, intercepted 101 migrants near an oil platform in Libyan Search and Rescue zones and handed them over to the so-called Libyan Coast Guard, facilitating their return to Libya.

The landmark ruling considers the appeal of the commander of the tugboat Ace 28 as unfounded and bases the decision on “the high risk [that] the migrants [might be] subjected to inhuman and degrading treatment in the detention centers […] in Libyan territory, with the impossibility of seeing their fundamental rights protected”. The Court of Cassation, therefore, declares in no uncertain terms that Libya is not a safe harbor.

Moreover, the Court of Cassation also saw in the conduct of the captain of the boat Asso 28 the elements of collective pushback, which is prohibited by the European Convention on Human Rights (ECHR), because in the act of handing over people to the Libyan authorities he failed to identify them, to obtain information about their origin and nationality, their health conditions, and to ascertain their willingness to seek asylum, among others (also recalling a landmark ruling of the EDU Court, Hirsi Jamaa and others v. Italy, 2012). In addition, the Court found a violation of the so-called principle of non-refoulement (or non-rejection), which prohibits Italy from returning individuals to countries where there is a risk that they will be subjected to inhuman and degrading treatment, and thus in the case at hand-to Libya.

In light of the Court’s ruling and their established partnership, UpRights and StraLi call on Italy to comply with international human rights standards and end its complicity with violations of migrants’ rights.

On Feb. 2, 2024, StraLi and UpRights published the report “Navigating Troubled Waters: Italy’s Human Rights Dilemma in the Mediterranean” which underlines the serious human rights violations resulting from Italy’s cooperation with Libya and, how the Memorandum of Understanding between Italy and Libya situates Italy in violation of its international human rights obligations.

The report reiterates the urgent need for Italy to reformulate its approach to international cooperation in the area of migration. In response to the most recent developments, UpRights and StraLi reiterate their call for a reconsideration of Italy’s cooperation strategy with Libya, proposing two options to ensure compliance with international law obligations:

Amending the Memorandum of understanding by introducing a clause specifying that respect for human rights and international humanitarian law is essential. This clause should establish an independent body to monitor compliance, a list of mitigation measures for human rights violations, and a legal framework for effective access to justice.

Termination or suspension of the Memorandum if amendments consistent with principles of international law cannot be introduced. Violations by Libyan authorities could justify such actions under Article 60 of the Vienna Convention on the Law of Treaties.

StraLi and UpRights also collaborated on a Article 15 Communication on War Crimes and Crimes Against Humanity Committed Against Migrants and Asylum Seekers in Libya, to initiate an investigation into the international crimes committed by Libyan armed groups against migrant persons intercepted at sea and brought back to Libya, and the potential responsibilities of Italian and Maltese authorities with respect to these crimes.

In alignment with its mission to pursue effective pathways to remedies and accountability, UpRights has actively addressed human rights violations against migrants and refugees in Libya. The organization has partnered with Italian and Libyan civil society actors to highlight the human rights implications of the 2017 Memorandum of Understanding between Italy and Libya, which facilitated the interception and return of migrants to Libyan detention centers. UpRights and its partners have called for investigations into international crimes committed by Libyan armed groups against migrants following their interception at sea and return to Libya.

On February 2nd, 2024, UpRights and StraLi released the report “Navigating Troubled Waters: Italy’s Human Rights Dilemma in the Mediterranean“.

Shedding light on the human rights violations arising from the implementation of Memorandum of Understanding (MoU) signed by Italy and Libya, this report builds upon our Article 15 Communication on War Crimes and Crimes Against Humanity Committed Against Migrants and Asylum Seekers in Libya, which called for an investigation into the international crimes committed by Libyan armed groups against migrants following their interception at sea and return  to  Libya.

The Memorandum of Understanding: A Closer Look

As we approach the 7th anniversary of the MoU, the report delves into its negative human rights implications, calling for a critical examination of Italy’s cooperation practices with Libya and emphasizing the drastic need for a reformulation of such framework.

Tacitly renewed last in February 2023, the MoU has increased the capacity of Libya to intercept migrants and refugees. Nonetheless, the absence of human rights provisions in the framework of the agreement drastically impacted the basic human rights of vulnerable persons, with migrants intercepted at sea facing mistreatment, including arbitrary arrest, torture, inhuman treatment, and sexual violence.

Italy’s International Responsibilities

Our report argues that such violations inevitably render Italy’s position, and consequently the MoU itself, untenable, and situate Italy in violation of its human rights obligations through a policy of externalization.

Indeed, the conduct of Libyan authorities exposes Italy to international responsibility for the violation of several international conventions, including the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the International Covenant on Civil and Political Rights (ICCPR), and possibly the European Convention on Human Rights (ECHR).

The material support provided by Italy may even implicate individual criminal responsibility for Italian agents assisting the Libyan authorities, potentially qualifying as war crimes and crimes against humanity.

Call to Action: Reframing Italy’s Cooperation Strategy

As such, the report calls for a reconsideration of Italy’s cooperation strategy with Libya, proposing two options to ensure compliance with international law obligations:

1. Amendment of the MoU: A human rights clause should be introduced, specifying that respect for human rights and international humanitarian law is essential. This clause should establish an independent body to monitor compliance, a list of mitigating measures for human rights violations, and a legal framework for effective access to justice.

2. Termination or Suspension of the MoU: If amendments consistent with human rights principles cannot be introduced, the report suggests the possibility of terminating or suspending the MoU. Violations by the Libyan authorities may justify such actions under Article 60 of the Vienna Convention on the Law of Treaties, providing leverage for negotiations on amendments in line with Italy’s human rights obligations.

Moving towards human rights

In light of the harsh realities faced by migrants in the Mediterranean, the report urges Italy to amend its policies to ensure compliance with international human rights standards. The report aims to encourage a constructive dialogue and tangible actions to ensure the protection of migrants’ rights and uphold Italy’s commitment to its international obligations.

On February 2nd, 2024, UpRights and StraLi released the report Navigating Troubled Waters: Italy’s Human Rights Dilemma in the Mediterranean .

Shedding light on the human rights violations arising from the implementation of Memorandum of Understanding (MoU) signed by Italy and Libya, this report builds upon our Article 15 Communication to the International Criminal Court, which called for an investigation into the international crimes committed by Libyan armed groups against migrants following their interception at sea and return  to  Libya.

The Memorandum of Understanding: A Closer Look

Italy’s International Responsibilities

Call to Action: Reframing Italy’s Cooperation Strategy

As such, the report calls for a reconsideration of Italy’s cooperation strategy with Libya, proposing two options to ensure compliance with international law obligations:

1. Amendment of the MoU: A human rights clause should be introduced, specifying that respect for human rights and international humanitarian law is essential. This clause should establish an independent body to monitor compliance, a list of mitigating measures for human rights violations, and a legal framework for effective access to justice.

2. Termination or Suspension of the MoU: If amendments consistent with human rights principles cannot be introduced, the report suggests the possibility of terminating or suspending the MoU. Violations by the Libyan authorities may justify such actions under Article 60 of the Vienna Convention on the Law of Treaties, providing leverage for negotiations on amendments in line with Italy’s human rights obligations.

Moving towards human rights

UpRights’ Legal Adviser Marin Van Hove gave a presentation entitled Using International Criminal Law to Support Refugee Protection: Lessons Learned from UpRights’ Article 15 Communication this month, as part of the 3rd Online Course on Advocacy for Protection offered by the International Institute of Humanitarian Law, Sanremo.

The presentation provided an analysis from the perspective of international criminal law, and an overview of interplay of the different applicable legal paradigms as relevant for refugee law or factual situations. This drawing from UpRights’ and its cooperation partners’ previous work submitting an Article 15 communication to the Prosecutor of the International Criminal Court, alleging war crimes and crimes against humanity committed by armed groups against refugees and migrants in Libyan detention centres.

The presentation explained how refugees and migrants are part of the nexus to armed conflict, both as contextual element of war crimes and for exercising ICC jurisdiction pursuant to UNSC Resolution 1970 (2011). It also illustrated that individual criminal responsibility under international criminal law and the International Criminal Court model may in some cases reach further than state responsibility under international human rights law and extraterritorial jurisdiction.

The International Institute of Humanitarian Law’s Online Course on Advocacy for Protection presents key elements to support transformation of policies and public perception of refugees, internally displaced persons, stateless people and migrants. Based on protection principles from international refugee, human rights and humanitarian law, the course assesses challenges and opportunities in protection situations and identifies stakeholders towards which advocacy interventions can be addressed. This year’s edition of the course focused on helping refugees and grass-roots civil society attending the UNHCR’s Global Refugee Forum this month.

UpRights is thankful to have had the opportunity to contribute to this course as part of the organisations’ cooperation.

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.

The International Criminal Court 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

(The Hague, Paris, Turin) 18 January 2022 – Yesterday, Adala for All, StraLi, and UpRights filed a Communication to the International Criminal Court (ICC) concerning crimes committed in Libya between 2017 and 2021 against migrants and asylum seekers which may amount to war crimes within the jurisdiction of the court. 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 should scrutinize, in addition to Libyan actors, the potential criminal conduct of Italian and Maltese authorities and officials for the support they provided to Libyan actors.

Since the Revolution of 2011, Libya has been subject to ongoing armed conflict and political instability. Armed groups have dominated smuggling and trafficking throughout the country and developed a predatory economy in which migrants are intercepted at sea during their journey to Europe, returned to Libya and placed in detention centres in which they are systematically subjected to serious abuses. Actors involved in the commission of these alleged crimes include members of armed groups in control of detention centres, acting under the nominal authority of Libyan authorities, as well as the Libyan Coast Guard and the Department Combatting Illegal Migration under the Ministry of Interior.

The crimes committed against migrants and asylum seekers qualify and should be investigated as war crimes under Article 8 of the ICC Statute. Members of armed groups, taking direct part in ongoing hostilities in Libya, have subjected migrants intercepted at sea to numerous abuses in detention centres under their control including murder, torture and/or cruel treatment, forced labour, hostage-taking, and various forms of sexual violence including rape and sexual slavery. The Communication submits that these acts meet the threshold necessary for war crimes as they took place in the context of and were associated with the ongoing armed conflict in Libya. Additionally, these crimes qualify as crimes against humanity under Article 7 of the ICC Statute.

The need to investigate and ensure accountability is heightened by the fact that a number of European authorities, including Italian and Maltese nationals, have facilitated the return of migrants to Libya leading to their detention and subsequent mistreatment. As observed by Ramadan Amani from Adala for All, “Crimes committed against migrants in Libya represent an emerging ‘pocket of impunity’ at the border of Europe which has become increasingly and openly accepted by the international community despite the massive amount of evidence of pervasive international crimes on Europe’s doorstep. Available evidence clearly points to responsibilities within Europe.”

Between 2017 and 2021, Italian authorities and officials provided crucial support to the Libyan Coast Guard to intercept migrants at sea and return them to detention centres including the provision of assets, equipment, maintenance and trainings. Italian and Maltese officials closely coordinated with the Libyan Coast Guard on rescue operations to ensure that migrants at sea would be intercepted and returned to Libya. The communication submits that the support provided by the Italian and Maltese authorities to the Libyan Coast Guard qualifies as a form of contribution to the crimes committed against migrants in detention centres and triggers international criminal responsibility under the ICC Statute.

Alessandro Pizzuti, co-founder of UpRights, underlines that “crimes committed against migrants in Libya differ from past atrocities generally addressed by international criminal courts and tribunals. In Libya the parties to the conflict target migrants because they are perceived as a crucial asset to advance their political and military objectives. To meet the new challenges that the world is facing, it is indispensable that the international criminal court provide robust responses to these new factual scenarios and dynamics”

The submitting organizations reiterate the need for investigation and potential prosecution of all relevant actors outlined in the Communication. As observed by Nicolò Bussolati, vice-President of StraLi, “the Communication requests the ICC to undertake an investigation and take an important first step to ensure that crimes related to migration, traditionally under the purview of human rights and refugee law, are scrutinized through the lens of international criminal law”.

For more information, please contact Alessandro Pizzuti: a.pizzuti@uprights.org

Read the Executive Summary of the ICC Communication and the Press Release.

About the Organizations

Adala For All is a not-for-profit organization, based in France, and composed of a network of dozens of Libyan human rights lawyers and jurists with expertise in the MENA region. Through its members, based in Libya, AFA works with victims and members of local CSOs in need of legal support to defend their cases in front of national courts and access to international accountability mechanisms.

StraLi is an Italian NGO aiming at the promotion and protection of human rights through the judicial system and, in particular, the use of strategic litigation tools. The organisation is mainly based in Turin, but has active members all over Europe. Although mainly composed of lawyers, it includes professionals from various fields – such as doctors, psychologists, social-media managers and journalists – to approach human rights protection from an holistic and multidisciplinary perspective.

UpRights is a non-profit initiative based in The Hague, Netherlands. UpRights strives for effective access to justice for victims of serious human rights violations and international crimes. UpRights works in collaboration with civil society and international organisations to promote victims’ rights, providing professional assistance on matters concerning international criminal law and human rights law. Our team includes professionals from international criminal Tribunals and UN Commissions of Inquiry with extensive knowledge of human rights and international criminal law.

On 13 October 2021, UpRights Co-Founder Alessandro Pizzuti participated in a panel discussion at the University of Amsterdam concerning crimes committed against migrants in Libya. The event, organized by the Amsterdam Center for Criminal Justice at the University of Amsterdam as part of the “Global Justice Sessions” series, included a screening of “Libya: No Escape from Hell” by director Sara Creta. The documentary illustrated ongoing mistreatment of migrants in detention centers across Libya.

As part of the panelist discussion, Alessandro outlined the applicability of international criminal law to the abuses committed against migrants. While crimes against migrants are typically viewed as human rights violations, international criminal law must also be considered as a relevant framework to pursue prosecutions and ensure accountability. In light of the link with the armed conflict ongoing in Libya, the abuses committed against migrants in detention centres may be qualified as war crimes and fall within the jurisdiction of the International Criminal Court.

Co-panelists included Ramadan Alamami (former prosecutor in Libya and current CEO of “Adala for all”), Mark Micallef (Director of the “North Africa and Sahel Observatory” of Global Initiative Against Transnational Organized Crime) and documentary filmmaker Sara Creta.

In a blogpost published on OpinioJuris, UpRights co-founder Alessandro Pizzuti and Dr. Clare Frances Moran from Edinburgh Napier University discuss the human rights implications of the Memorandum of Understanding signed between Italy and Libya in 2017.

The support provided by Italy pursuant to the Memorandum of Understanding has enhanced the capacity of the Libyan Coast Guard to intercept migrants at sea and return them to Libya where they are subjected to systematic abuses including torture, sexual violence, and murder. These forms of abuses may amount to violations of the International Covenant on Civil and Political Rights (ICCPR), the European Convention on Human Rights (ECHR) and the Convention against Torture (CAT). To the extent that Italy’s support to the Libyan authorities is instrumental to such violations, these instruments may apply extraterritorially, attracting Italy’s responsibility for such acts.

Read the full blogpost on OpinioJuris!

In July, Uprights released a concluding that Italy’s cooperation with Libyan authorities under the MoU is in violation of its human rights obligations and that the agreement needs to be reframed consistently in accordance with international law standards.