The International Criminal Court (ICC) Office of the Prosecutor confirmed yesterday receiving Libya's Request for Assistance, authorised and endorsed by President Al Manfi, President of the Presidential Council of Libya, and Abdel Hamid Aldabaiba, Prime Minister of the Government of Libya.
It will be recalled that Mohamed Al Menfi, President of the Presidential Council of Libya, had requested on 19 September technical and legal assistance from the ICC in its investigation of the drone attacks on several state infrastructure in Zawia, Tripoli and Janzour.
In its confirmation statement, the Office of the Prosecutor said it welcomes the Request of the State of Libya as a sign of trust and confidence in international justice and in the International Criminal Court. It also welcomes Libya's continuous commitment to cooperate with the ICC pursuant to its Declaration under Article 12(3) of the ICC Statute.
The Office actively supports national accountability efforts to address Rome Statute crimes and serious crimes under national laws as reflected in its Policy on Complementarity and Cooperation, and welcomes the opportunity to deepen this engagement in the situation in Libya.
The Office will coordinate with the Embassy of Libya to the Netherlands, as the designated Libyan official channel with the ICC, to further discuss the parameters of the request and the support the Office can provide within its mandate under the Rome Statute and available resources.
In parallel to these consultations, the Office will independently assess if the alleged crimes communicated in the Request fall under the jurisdiction of the International Criminal Court - be it under UN Security Council Resolution 1970 or Libya's Declaration to the ICC under Article 12(3).
It will be recalled that in his request 19 September statement, Mohamed Al Menfi, President of the Presidential Council of Libya had said:
‘‘Following up on the findings of the preliminary investigations conducted by the competent authorities into the terrorist cell recently targeted in a residential facility in the capital, Tripoli, and in the Zawiya area—including fuel storage facilities and power stations—as part of an expanded terrorist plot aimed at inflicting grave and direct damage on civilian infrastructure, endangering civilians and their right to life, and undermining public order and the stability of the nation and its citizens;
The various security agencies and the National Safety Authority, each within its respective mandate, succeeded in containing these operations and mitigating their consequences, thereby preventing the losses and risks that the perpetrators sought to inflict.
Given the nature, gravity, and surrounding circumstances of these crimes, and in accordance with the legal classification adopted by the competent Libyan authorities, they constitute crimes against humanity or genocide falling within the subject-matter jurisdiction of the International Criminal Court pursuant to its Statute.
In light of this serious development in the nature of the conflict, the disregard for national and humanitarian principles and values, and given the involvement of foreign elements holding the nationalities of Member States of the Rome Statute, as well as Libyan nationals holding passports of other countries, together with the involvement of a retired diplomat, the Libyan state has decided to expand the scope of the ongoing investigations, ensure their full compliance with international law, enhance the credibility of their findings, uphold the principle of non-impunity, and pursue the planners, financiers, and all other participants.
Through official diplomatic channels, via the Ministry of Foreign Affairs and International Cooperation and in coordination with the Ministry of Defence, the Libyan State has submitted a formal request to the Office of the Prosecutor of the International Criminal Court, pursuant to the declaration lodged by the State of Libya under Article 12(3) of the Rome Statute, seeking technical and legal support for the competent Libyan authorities, enhanced cooperation in the ongoing investigations, and the participation of ICC experts in a manner that supports the efforts of the national authorities to uncover the circumstances surrounding these crimes and prosecute those responsible.
Libya has also expressed its readiness, in light of developments in the investigations, to broaden the scope of cooperation with the Office of the Prosecutor pursuant to Article 15 of the Rome Statute, in order to ensure that the facts and information relevant to the investigation are referred through international judicial channels, particularly given the possible involvement of foreign parties, some of which belong to Member States.’’