International Criminal Court to Prioritise Libya

Mr President, Your Excellencies,

23.       The Council will also recall that on 24 April 2017, the ICC made public a warrant of arrest against Mr Al-Tuhamy Mohamed Khaled, former head of the Libyan Internal Security Agency. Mr Al-Tuhamy is alleged to have committed crimes against humanity and war crimes in relation to the events of 2011.

24.       My Office continues to investigate Mr Al-Tuhamy and others associated with the 2011 events. The Office is also engaged in identifying and, where appropriate, sharing information relating to both Mr Al-Tuhamy and Saif Al-Islam Gaddafi's current whereabouts. We continue to devise and implement strategies to facilitate the execution of the outstanding warrants of arrest.

25.       In relation to Mr Gaddafi, I appreciate the support expressed by members of this Council, encouraging the Libyan authorities to comply with their outstanding obligation to surrender him to the Court. Those who allegedly bear responsibility for crimes under the Rome Statute must be brought to justice.

26.       My Office continues to request States Parties, non-States Parties and organisations to assist in securing the arrest of persons subject to an ICC warrant. In this context, we have engaged in a spirit of good faith and demonstrated utmost sensitivity while providing specific information to enable cooperation. We count on the support of States we have engaged in that process to assist the Office with the arrest and surrender of ICC suspects.

27.       In this regard, I wish to recall the wording of Resolution 1970, and  again encourage all States and regional and international organisations to take concrete action to support my Office's efforts so that Mr Al-Tuhamy and Mr Gaddafi can be surrendered to the Court and face justice in relation to alleged crimes committed during the 2011 events.

28.       In relation to Mr Abdullah Al-Senussi, my Office continues to monitor the Libyan proceedings in relation to his pending appeal before the Libyan Supreme Court.

Mr President, Your Excellencies,

29.       My Office's assessment since our last report to the Council indicates that the situation remains dire in Libya. The security situation remains unstable with violent clashes occurring between various factions across Libya. Reports indicate widespread violations of human rights and international humanitarian law being perpetrated by different parties to the conflict. Often, the victims are civilians.

30.       One major cause for concern is the continued internal displacement of persons in Libya, such as the Tawerghan. Despite the approval by the Presidential Council of the Government of National Accord in June of this year of an agreement between the Tawerghan and Misratan communities, there has reportedly been no progress towards fulfilling their return home.

31.       I also note with grave concern reports of unlawful killings, including the execution of detained persons; kidnappings and forced disappearances; torture; prolonged detentions without trial or other legal process; and arbitrary detention, torture, rape, and other ill-treatment of migrants in official and unofficial detention centres.

32.       As detailed in my latest report, events of particular concern during the reporting period include the attack on the LNA-held Brak Al Shati airbase on 18 May 2017, and recent clashes in the Sabratah region between the 48th Infantry Brigade (also known as the "Martyr Anas al-Dabashi armed group") and the Operations Room to Combat the Islamic State. My Office also notes the continued activity of ISIL, including its claimed suicide attack on the Misrata courthouse on 4 October 2017.

33.       My Office has also received information that the LNA has allegedly intensified restrictions on access to the city of Derna over recent months, in connection with fighting during the reporting period between the LNA and the Derna Mujahideen Shura Council.  Restrictions reportedly include blocking medicine, medical treatment and petrol from entering the city.

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