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

EXECUTIVE SUMMARY

This is the 27th report of the Office of the Prosecutor further to Resolution 1970 (2011), through which the Council referred the situation in Libya to the Prosecutor of the ICC.

In this reporting period, the Office has continued implementation of its renewed strategy for the situation in Libya, originally 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), and has sought to set a roadmap for the successful completion of the investigation phase of its activities in relation to this situation by the end of 2025.

This report is divided into two parts. The first part provides an update on the progress made by the Libya Unified Team (the “Team”) since November 2023 across the four key lines of inquiry established under the investigative strategy of the Office, drawing on cooperation with affected communities, civil society organisations, international organisations and States Parties.

The second part, reflected in section IV, provides a roadmap towards completion of the Office's investigative activities in the situation in Libya, based on the progress made to date and reflecting anticipated further progress in the form of applications for warrants of arrest and the potential commencement of trials. This Roadmap is consistent with the renewed strategy of the Office in relation to this situation, originally outlined in the April 2022 Report, and draws on increased field activity, enhanced efforts to secure arrests and strengthened cooperation and outreach with national authorities and civil society organisations (“CSOs”).

As detailed herein, significant landmarks have been achieved in the discharge of the mandate of the Office in the reporting period (November 2023 – May 2024), including:

• Positive progress with respect to the Office’s key lines of inquiry. Throughout this reporting period, the Team undertook over 18 missions in three regions, collecting over 800 items of evidence, including video and audio material, forensic information, satellite imagery as well as conducting numerous witness screenings and interviews.

• Positive advancements with respect to engagement with Libyan authorities and the conduct of activities in Libya:

  • Deputy Prosecutor Nazhat Shameem Khan conducted a second visit to Libya and Tunisia between 20-25 April 2024. During her visit to Tripoli, Deputy Prosecutor Khan met with the Attorney General of Libya to discuss cooperation, complementarity, arrest strategy and commenced engagement on an eventual completion of investigations in Libya pursuant to Resolution 1970 (2011), as well as an enhanced presence of the Office in Tripoli. Deputy Prosecutor Khan also engaged with victim groups on the Office's work, on completion of the Office’s investigations and focus on the judicial phase of its activities in the Situation of Libya, and on the Office’s policy on complementarity and cooperation. These meetings were constructive with clear, positive outcomes for continued engagement towards accountability.
  • The Office additionally conducted two visits to Libya. Following a year during which visas were not issued to the Office of the Prosecutor, multiple-entry visas were issued at the end of the last reporting period, and again during the current reporting period. The first visit at the Team level took place in December 2023.

• The Office has accelerated its engagement with other national authorities pursuant to the principle of complementarity, actively contributing to investigations conducted by the domestic law enforcement agencies of eight States Parties into alleged international crimes committed in Libya. The Office continued its strong cooperation with domestic authorities within the Joint Team on crimes affecting migrants.

• The Office has further deepened and extended its engagement with civil society partners:

  • In addition to meetings with civil society organisations in Tripoli during her visit, on 25 April 2024, Deputy Prosecutor Khan met with Libyan civil society organisations in Tunis. During this meeting, Deputy Prosecutor Khan underlined the Office’s commitment to provide tangible results in the situation in Libya and to continue engagement with civil society organisations. She discussed completion which hinges on deeper engagement with national authorities based on the principles of cooperation and complementarity. Civil society organisations raised important questions and committed to continued engagement on these issues.
  • The Team continued its enhanced contact with victims, victims’ associations and representatives, and other civil society organisations on the situation in Libya, supported by a regular presence by the Office in the region.
  • In November 2023, the Team participated jointly with the ICC Registry in outreach meetings with civil society organisations and human rights defenders who work on the situation in Libya. The aim of the meetings was to explain the work of the ICC and the roles of each organ of the Court, to provide progress updates within the limits of confidentiality, to hear views and concerns, and to answer questions.

These results were achieved amidst ongoing challenges caused by the complex political landscape and security situation in Libya, and the resource constraints faced by the Office as a whole.

Building on the present momentum in its investigations and in its engagement with all stakeholders including Libyan authorities, the Office has developed a roadmap for proposed completion of its investigative activities in relation to the situation in Libya. As detailed in this report, the roadmap envisages the further acceleration of the work of the Office to support the effective and final implementation of the renewed strategy for this situation originally outlined by the Office in April 2022. After consultations with Libyan authorities, civil society and other stakeholders in the last six months, the Office considers that the realisation of this existing strategy would represent a successful response of the Office to the mandate and ongoing jurisdiction provided by the Council through Resolution 1970 (2011).

As addressed in the Roadmap, this will include applications for additional arrest warrants across several of the priority lines of inquiry outlined in the situation strategy, combined with deepening of efforts with respect to arrest strategy, fugitive tracking and preservation of evidence so as to allow for a successful transition into the judicial phase of its activities prior to the end of 2025. At a minimum, under this Roadmap, the Office wishes to support the commencement of at least one trial before the Court in relation to this situation before the end of 2025, with multiple trials to follow during the judicial phase.

Following completion of the investigation phase in 2025, the Office would not seek additional arrest warrants before the pre-trial Chamber. At this stage it may also be for the Council to consider how they would wish to mark the completion of the investigation phase, including with respect to the reporting requirements of the Office in relation to this situation.

The roadmap also outlines a number of activities beyond 2025 which may be undertaken to secure a longer-term positive legacy of support to Libyan authorities, in line with the new policy of the Office on Complementarity and Cooperation. Under this new policy the Office outlines a “two-track approach”, aiming jointly at results before both ICC and national jurisdictions.

The continued cooperation of the Libyan authorities remains vital in progressing towards completion as outlined in the Roadmap, and in setting the basis for an ongoing relationship with the framework of complementarity. This cooperation is essential as the Office seeks to work with national authorities to carefully assess what has been done and can realistically be achieved domestically.

In addition, the Office will continue its engagement with civil society both during the period leading to completion of investigative activities, and subsequently as attention turns more completely to arrest, trials and complementarity efforts. The Office’s obligation to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses will also continue beyond any eventual completion date.

In the coming months the Office will continue to seek the partnership of all its stakeholders inside and outside of Libya in order that the acceleration of its work towards completion of investigative activities can be delivered effectively, based on a collective effort to deliver on the ongoing and legitimate expectations of all those affected by Rome Statute crimes.