Adala For All supports the independence of the International Criminal Court and calls to expedite cases of severe human rights violations and international humanitarian law in Libya

NO ONE IS ABOVE THE LAW AND ACCOUNTABILITY

Adala For All Association and the signatory organizations respect and support the decision made by Mr. Karim Khan, Prosecutor of the International Criminal Court (ICC), on Monday, May 20, 2024, to request the Court issue arrest warrants, concerning crimes committed in the Palestinian territories, under the ICC's jurisdiction, since the public prosecution announced the opening of an investigation into the situation in the State of Palestine on March 3, 2021 (1).

On February 5, 2021, the Pre-Trial Chamber decided that the Court has the authority to exercise its criminal jurisdiction in the situation under consideration. The majority of judges ruled that its territorial jurisdiction extends to Gaza and the West Bank, including East Jerusalem.

The International Criminal Court (ICC) plays a crucial role in ensuring that serious crimes under the ICC's mandate do not go unpunished. Respecting the Rome Convention increases the international community's confidence in international human rights law and international humanitarian law concerning the crimes that fall under the Court's jurisdiction. The ICC’s work benefits the victims of these violations and their families and ensures a transparent international investigation that genuinely identifies those responsible for these violations, helping to prevent their recurrence.

Adala For All association and the signatory organizations urge the international community to support the independence of the ICC, especially given the current global division of public opinion. In an interview with CNN on May 21, 2024, ICC Prosecutor Karim Khan revealed that he was facing immense pressure. He mentioned that one leader  had explicitly stated that "this court [the ICC] was built for Africa and thugs like Putin." The  ICC prosecutor emphasized that "international law and the laws of armed conflict apply to everyone."

The signatory organizations see the ICC's legal actions as courageous and necessary to uphold the principle of impartiality in justice. This principle must be applied and enforced fairly, without bias or discrimination based on individuals’ social, economic, ethnic, racial, religious, or other backgrounds. The ICC plays a pivotal role in this process, and its procedures must be supported and protected to maintain the integrity of international justice.

“Justice is blind” is a metaphor that expresses the idea that justice does not see differences between individuals. It deals with everyone objectively and must rely on facts and evidence presented without being influenced, by personal relationships or external pressures.

Regarding ICC’s open case on Libya, AFA calls for issuing investigation orders to expedite cases of crimes under the ICC mandate. We urge the International Criminal Court (ICC) to issue arrest warrants to investigate war crimes and crimes against humanity in Libya.

The signatories NGOs call the ICC prosecutor's office to hold all individuals who command armed and paramilitary groups, as well as others in Libya, accountable for gross violations of human rights and crimes against humanity within the jurisdiction of the Court.

As a reminder, on May 14, the ICC prosecutor announced his intention to conclude his investigation into crimes against humanity and war crimes in Libya since 2011 by the end of 2025. In his regular reports to the UN Security Council, Khan noted that significant progress has been made over the past 8 months, thanks to Libyan authorities’ cooperation.

Khan emphasized that work is proceeding quickly to meet the expectations of Libya’s council and people. Over the past six months, his teams have conducted 18 missions in three Libyan regions, collecting 800 pieces of evidence, including video and audio documents. Khan also announced that the investigation has reached a "critical moment" that will allow the announcement of a roadmap to finalize the investigation phase.

 __

1.  On November 29, 2012, the UN General Assembly adopted Resolution 67/19, which recognized Palestine as a "non-member observer state of the United Nations." On January 1, 2015, the State of Palestine deposited its second declaration under Article 12(3) of the Rome Statute, declaring its acceptance of the jurisdiction of the ICC over international crimes committed on its territory since June 13, 2014. The very next day, on January 2, 2015, Palestine deposited its instrument of accession to the Court with the UN Secretary-General, thereby becoming a State Party to the Rome Statute. As a result, on January 16, 2015, the Prosecutor initiated a second preliminary examination of the situation in the State of Palestine.

  __

𝕾𝗶𝗴𝗻𝗮𝘁𝗼𝗿𝘆 𝗼𝗿𝗴𝗮𝗻𝗶𝘇𝗮𝘁𝗶𝗼𝗻𝘀

·       Adala for All Association

·       The Libyan Center for Freedom Of The Press

·       BELaady Organization for Human Rights

·       Jurists without restrictions

·       Al-Aman Organization for Combating Racial Discrimination

·       Lawyers for Justice in Libya

·       Libyan Organization for Independent Media

·       Defender Center

·       Libya Platform coalition