International Criminal Court: Libya accepts jurisdiction over alleged crimes from 2011 to the end of 2027
On 12 May 2025, the Registrar of the International Criminal Court (ICC), Osvaldo Zavala Giler, received a declaration lodged by the Libyan government declaring Libya’s acceptance of the ICC's jurisdiction with respect to alleged crimes in its territory from 2011 to the end of 2027. The declaration was lodged under article 12(3) of the Rome Statute, which enables a State not party to the Statute to accept the exercise of jurisdiction of the Court.
Although Libya is not a State Party to the Rome Statute, the country's situation has been under ICC scrutiny since 2011. The case was referred to the ICC Prosecutor by the United Nations Security Council (UNSC) through Resolution 1970 on 26 February 2011. This resolution granted the ICC jurisdiction over crimes listed in the Rome Statute committed either on Libyan territory or by Libyan nationals from 15 February 2011 onwards.
The UNSC's referral was prompted by grave concerns about the situation in Libya. The resolution strongly condemned the violence and use of force against civilians, deplored the gross and systematic violation of human rights, and expressed deep concern about civilian casualties. It specifically rejected the incitement to hostility and violence against the civilian population, noting that such incitement came from the highest levels of the Libyan government. The UNSC underscored the necessity to respect freedoms of peaceful assembly, expression, and media. Moreover, it emphasized the crucial need to hold accountable those responsible for attacks on civilians, including forces under their control.
The ICC investigation, which commenced in March 2011, thus far produced three cases (two of which have already closed while one remains at the pre-trial stage), originally against five suspects, and has involved charges which include the following crimes:
- crimes against humanity: murder, imprisonment, torture, persecution and other inhumane acts;
- war crimes: murder, torture, cruel treatment and outrages upon personal dignity.
The Libyan situation marks the second UNSC referral to the ICC and the second investigation in a non-State Party to the Rome Statute (Darfur was the first).