Watchdog says Libya fails to hold war criminals accountable

CAIRO (AP) — A leading rights group accused Libyan authorities on Thursday of failing to bring to justice war criminals responsible for a bloody crackdown on anti-government protests that led to the fall of longtime dictator Moammar Ghadafi in 2011.

The statement by Human Rights Watch came on the tenth anniversary of the referral of Libya by the Security Council to the International Criminal Court of Justice over allegations of serious crimes against humanity committed during the uprising. But not a single suspect has been brought before the court to date.

“After a decade of impunity for serious crimes, the wheels of justice set in motion by the Security Council’s referral of Libya to the ICC seem to have come to a grinding halt,” said Hanan Salah of HRW. “Council members need to ensure that the court has sufficient means and political backing to do its vital work on behalf of victims of grave abuses in Libya.”

In 2017, the ICC issued three arrest warrants against Seif al-Islam Gadhafi, the late dictator’s son, Al-Tuhamy Mohamed Khaled, former head of the Libyan Internal Security Agency and Mahmoud al-Werfalli, a Libyan military officer.

Seif al-Islam Gadhafi, who is charged with murder for his alleged role in the violent suppression of the 2011 protests, is believed to be hiding in the Libyan town of Zintan. He was released from custody in June 2017 after more than five years in detention as part of a pardon issued by the Libyan parliament based in the country’s eastern region.

Khaled is wanted for alleged war crimes against prisoners held by Libyan security forces during the 2011 protests. The ICC prosecutor Fatou Bensouda had previously said that he was in Cairo.

Werfalli is sought for his alleged role in or ordering the execution of 33 captives in the city of Benghazi in 2016 and 2017. The ICC holds that the executions were filmed and posted on the social media. Werfali has been serving as a commander in Libya's eastern army based in Benghazi and led by Khalifa Hifter.

The ICC prosecutor has demanded that the Egyptian government surrender Khaled, and that Hifter hand over al-Werfalli.

“The ICC faces steep challenges in carrying out its mandate in Libya. Without a police force, it relies on governments of countries where suspects can be found for cooperation in arrests, and that cooperation has been inadequate,” read the statement.

Since 2011. Libya has descended into chaos and has become a haven for Islamic militants and armed groups who have spawned a protracted civil war.

The country has been divided between two rival governments: one in the east and another in the west for the last six years. Each government is backed by a vast array of militias and foreign governments. In 2019, the east-based commander Khalifa Hifter launched a military offensive to capture the capital, Tripoli from the U.N.-backed government. His 14-month-long campaign failed last year after Turkey had backed Tripoli with forces, military equipment and war mercenaries.

During the conflict, armed groups from both sides committed a series of war crime violations including indiscriminate shelling, abductions, torture, unlawful executions, desecration of bodies and the use of and prohibited cluster bombs and anti-personnel landmines and booby traps, said HRW.

In October, the U.N. could mediate a ceasefire between warring parties and initiated a political dialogue that culminated in the election of interim authorities earlier this month. The new transitional government is expected to lead the country into general elections in December 2021.