The six who remain at large were either key members or associates of the Al Kaniyat militia that controlled Tarhuna from at least 2015 until June 2020, when government forces drove them out of the town, which is located about 65 kilometers (approx. 40 miles) southeast of Tripoli.

The arrest warrants against Abdurahem Khalefa Abdurahem Elshgagi”Al Khani“, Makhlouf Makhlouf Arhoumah Doumah “Douma“, Nasser Muhammad Muftah Daou “Al Lahsa”, Mohamed Mohamed Al Salheen Salmi “Salheen“, Abdelbari Ayyad Ramadan Al Shaqaqi “Al Shaqaqi” and Fathi Faraj Mohamed Salim Al Zinkal ”Al Zinkal” they were unsealed last month.

From June 2020, hundreds of corpses were exhumed from mass graves in and around the city of Tarhuna, alleged victims of crimes amounting to war crimes, including murder, torture, sexual violence and rape.

Dignified, steely determination

Informing ambassadors about Security Council from the Libyan capital Tripoli, ICC Prosecutor Karim Khan spoke about his meetings and interactions with the victims’ families.

“Today, an individual said something very simple and very true, that every household in Tarhuna has a victim. “Every person who detailed a loss suffered the end of their universe, and the pain was palpable and sincere,” he said.

He also conveyed their “firm determination.”

“They have a clear conviction – justice and accountability and fair trials are essential for themselves, their families, their community and for Libya in general,” he added, stressing the importance of international support for the execution of the mandates.

He called for the assistance of the Security Council, States Parties to the Rome Statute of the ICC and other non-State Parties to ensure that the suspects are apprehended and brought to justice in an independent, free and fair trial.

The new paradigm shift

Mr. Khan also emphasized a “new paradigm shift” that progress is possible, perceptible and identifiable.

He noted significant progress in investigations into detention center crimes and crimes committed between 2014 and 2020, adding that new requests for arrest warrants are expected in the coming months.

Some of the requests may be secret to take advantage of arrest opportunities, he said.

Mr. Khan also emphasized the need for continued partnership with the Libyan authorities to achieve these goals, citing the positive outcomes of his meetings with Libyan officials, including the Attorney General, and the establishment of a new mechanism to coordinate investigations and prosecutions.

The ICC team increased its engagement with civil society organizations, noting that its team met with more than 70 Libyan civil society groups and human rights defenders and discussed their expectations.

“(They) are not an appendage (but) at the heart of our discussions,” Mr Khan said.

Karim Khan (on screen), the prosecutor of the International Criminal Court (ICC), briefs the Security Council meeting on the situation in Libya.

The plans are working

In conclusion, he remembered the roadmap for completing the investigation phase of the judicial process.

“I think that collectively, through these combined activities, these plans are working,” he said, stressing that “the hopes, expectations and steely determination of the victims must be at the fore.”

While there are many challenges and the next steps will not be easy, he expressed his belief that there is room to develop solutions to the problem that has plagued Libya for more than 13 years.

Notification of the Security Council

Although not a UN organization, the ICC has one cooperation agreement with the United Nations. When a situation is not within the jurisdiction of the Court, the Security Council can refer the situation to the ICC, granting it jurisdiction.

The situation in Libya was referenced the ICC Prosecutor by the Security Council in resolution 1970, adopted in February 2011. In March, the prosecutor announced the decision to open an investigation.

In that resolution, the Council also imposed targeted sanctionsincluding the travel ban on President Muammar Al-Qadhafi and other senior figures in his administration, including some family members.