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Libya

Twenty-fifth report of the Prosecutor of the International Criminal Court to the United Nations Security Council pursuant to resolution 1970 (2011) [EN/AR]

Attachments

EXECUTIVE SUMMARY

In this reporting period, the Office has continued its progress in implementation of the renewed strategy for the Situation in Libya outlined in the Twenty-Third Report of the Prosecutor of the International Criminal Court (“ICC or “Court”) to the United Nations Security Council (April 2022 Report).

Reflecting an acceleration of investigative and cooperation activities under the new Strategy, significant landmarks have been met in the discharge of the mandate of the Office. In particular, the Office has filed multiple arrest warrant applications (under seal) related to key lines of inquiry, ahead of the schedule set out in its Situation Roadmap. These applications were reviewed by the Pre-Trial Chamber of the ICC and warrants have now been issued under seal.
In addition, the Office has taken a number of concrete steps with respect to its investigations and complementarity activities, including:

• The Libya Unified Team (the “Team”) undertook over 20 missions, collecting over 500 items of evidence, including video and audio material, forensic information, satellite imagery as well as conducting numerous witness interviews.

• The Office actively contributed to investigations conducted by the domestic law enforcement agencies of six State Parties into international crimes committed in Libya and continued the overall strong cooperation with domestic authorities, including within the Joint Team on crimes affecting migrants.

• In November 2022, the Prosecutor conducted the first official visit of an ICC Prosecutor to Libya in over 10 years, meeting with Libyan authorities, affected communities and civil society organistions. During the visit, the Prosecutor also briefed the United Nations Security Council from Libya for the first time.

• The Team has further strengthened its excellent cooperation with the UN Independent Fact-Finding Mission on Libya, enhancing the Office’s investigations and supporting the identification of additional witnesses relevant to the investigations.

• The Team transitioned to the use of Relativity, a new evidence management system using artificial intelligence and machine learning which will modernise and enhance the Team’s investigative and analytical capabilities.

• The Team has further increased contact with victims, victims’ associations and representatives and other civil society organisations on the situation in Libya. This increased engagement enriches the investigation, provides access to potential evidence and witnesses, and ensures that the Team is abreast of current developments.

This period has seen major steps taken across the four key lines of inquiry, through deepened cooperation and engagement with witnesses, victims, civil society organisations, international organisations and States Parties.

These positive developments and results were achieved despite ongoing challenges caused by the complex political landscape and security situation in Libya, and the continued resource pressures faced by the Office as a whole.