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The scenes have become commonplace: migrants desperately clinging onto dilapidated dinghies as towering naval ships armed with heavy-duty guns encircle them. Some migrants make it to Europe. Many perish. Thousands are sent back each year to Libya. Back on shore, they are incarcerated in camps where they are vulnerable to sexual violence, torture, arbitrary detention, and human trafficking. Some try their luck on the Mediterranean again. The treacherous journey repeats.

On November 24, far from these scenes of migrant suffering, the prosecutor of the International Criminal Court (ICC) presented a familiar refrain at his bi-annual address to the United Nations Security Council. Karim Khan lamented crimes perpetrated against migrants in Libya, calling them troubling and calling for accountability to march alongside global condemnations.

The prosecutors remarks came in the wake of yet another report from human rights groups imploring the ICC to genuinely investigate atrocities committed against asylum seekers attempting to cross into Europe from the North African state. For years, the court has insisted it will investigate these crimes, only to dither and then re-state its interest in doing so before the Security Council. Enough is enough. It is time to hold accountable all actors involved in abuses against people on the move including European states.

Libya has played a critical but sordid role in helping Europe stave off unwanted asylum seekers. Throughout the 2000s, former Libyan dictator Muammar Gaddafi helped European states ensure people on the move would not use Libya as a launching point to cross the Mediterranean. Western states were happy with the arrangement and Gaddafi was rewarded for doing their dirty work.

In 2008, for example, Italy agreed to invest $5bn in Libya in compensation for its colonisation of the country, although many suspected this was a monetary reward for its continued work in controlling African asylum seekers. Both sides were satisfied while people on the move lived in horrific conditions.

In 2011, Gaddafi fell from power, in large part due to the intervention of those same states that had seen him as a partner in migration control. Following a Security Council referral of Libya to the ICC that same year, the court also issued an arrest warrant for Gaddafi, on allegations of war crimes and crimes against humanity.

In the ensuing regional instability, European states shifted towards another dictator for help, one who had likewise been targeted by the ICC: Sudans Omar al-Bashir. European statesfundeddetention centres for asylum seekers in Sudan despite Sudanese borders beingpatrolledby the same paramilitary group responsible for genocide in Darfur. No one, it seemed, would be held to account for the atrocities perpetrated against desperate people fleeing conflict and economic hardship.

Then, in the middle of the migrant crisis, former Prosecutor of the ICC Fatou Bensouda made a bold declaration: in 2017, she told the Security Council for the first time that her office was eager to investigate crimes against migrants in Libya. She declared that the country had become a marketplace for the trafficking of human beings.

To investigate crimes against migrants would be entirely within the jurisdiction of the court. Not only are the crimes committed against them, such as torture, sexual violence, enslavement, and so on, crimes enumerated in the Rome Statute of the International Criminal Court, but the institution can prosecute human trafficking as a crime against humanity.

Bensoudas call opened the floodgates. Additional reports and filings were submitted to the ICC detailing harms against migrants. Some groups submitted claims that the EUs deterrence policy towards African people on the move made it complicit in crimes against humanity against migrants. The findings have been added to the ICC prosecutors preliminary examination into Libya.

That refugees put everything on the line just for thechanceto be processed in a European state is a nightmare that European states helped create. Asylum seekers often fork over tens of thousands of dollars to smugglers who promise to bring them to Europe. They pay multiple times the amount that it would cost to board a commercial flight to any European state.

The reason? Western states have ensured that airlines and not immigration officials are responsible for processing and denying asylum seekers before they board. With little other recourse, people fleeing conflict and hardship are corralled to the coasts of North Africa and forced to pay smugglers just to risk everything by attempting to cross the Mediterranean.

Western states also increasingly outsource responsibility for controlling migration to nefarious actors, often in response to losses at human rights courts. In a 2012 landmark decision, the European Court of Human Rights found that the Italian coastguard was obligated to process Eritrean and Somali asylum claimants it had picked up on the Mediterranean. They could not simply dump them back onto Libyan territory.

Put otherwise, if an asylum seeker came under the jurisdiction of a Western state even if it was just by being on a boat controlled by such a state then their claims for asylum had to be processed by that states officials. If they did not, it was a violation of that persons human rights.

In response, European states did change tactics, but not to make matters better for asylum seekers. Instead, European states further outsourced the processing of asylum seekers to private actors, (like airlines) as well as regimes known for abusing such people.

Today, despite dozens ofreportsindicating that the Libyan Coast Guard returns migrants into detention camps where they are vulnerable to torture, rape, murder, and persecution, the EU continues tofundit as a method to control migration.

Despite lofty rhetoric from the current and former ICC prosecutors, there has been no meaningful action to bring perpetrators of crimes against migrants to account. Both Khan and Bensouda have suggested that their focus is on encouraging state cooperation. Getting states like the United Kingdom, Italy, and Libya to work together to disrupt trafficking networks is laudable. But it is not nearly enough. The proof of that is in the continued violation of asylum seeker rights.

It is time for the ICC to walk the walk by opening an investigation specifically into crimes committed against asylum seekers in Libya and the Mediterranean. While the Court is notthesolution to the wanton abuses perpetrated against people on the move, it should be part of one.Acting with courage might require standing up to powerful Western states, something that the current prosecutor appears hesitant to do. But the ICC must be more than just a body targeting weak states and Western enemies; it has a role to play in addressing the excesses of powerful states and protecting the most vulnerable. Nowhere is that more evident than in Libya and the Mediterranean, where crimes against asylum seekers are committed with wholesale impunity.

The views expressed in this article are the authors own and do not necessarily reflect Al Jazeeras editorial stance.

Excerpt from:
It is time for the ICC to address crimes against asylum seekers - Al Jazeera English

The attack prevented Saif al-Islam Gaddafi from lodging an appeal against disqualification from next months presidential election.

Gunmen have attacked a Libyan court before an appeal by the son of slain former ruler Muammar Gaddafi against the rejection of his presidential election candidacy, drawing alarm from the United Nations.

Libyas government on Friday called the perpetrators a group of outlaws who launched an odious attack, which caused the court in the southern town of Sebha to shut.

A lawyer for Saif al-Islam Gaddafi said armed men had prevented him from lodging an appeal on Thursday against his clients disqualification from next months presidential election, adding to fears of turmoil around the vote.

Khaled al-Zaidi said in a video that armed men had raided the Sebha court, one of only three registration centres, and stopped him from entering to lodge his clients appeal against disqualification.

Libyas electoral commission had announced on Wednesday the rejection of the candidacy presented by Gaddafi, who is wanted by the International Criminal Court for alleged war crimes.

His was one of 25 candidacies disqualified by the commission to run in the December 24 vote that is part of an internationally-backed peace process aimed at ending a decade of chaos.

The unsuccessful applicants had been given 48 hours to appeal the decision.

Al-Zaidi said the attackers had forced all staff from the court building at gunpoint hours before the appeal hearing.

This act is an obstacle to the electoral process, he said in a video broadcast on Libyan media.

He added that the interior and justice ministries ordered an investigation into the attack.

The United Nations Support Mission in Libya said on Friday it was alarmed by the reported attack on the appeal court in Sebha, strongly condemned any form of electoral-related violence, and reiterated that the electoral process must be protected.

The Mission reiterates its call for holding transparent, fair and inclusive elections on 24 December, it said.

Disputes about issues including the eligibility of candidates are threatening to derail the election, as part of a UN-backed peace process initiated last year that saw the formation of an interim government.

The final list of candidates is due to be published by early December once verifications and appeals are completed.

The commission rejected Gaddafis candidacy on the grounds of the electoral law, which stipulated that candidates must not have been sentenced for a dishonourable crime and must present a clean criminal record.

Sebha is under the control of a group allied to the eastern-based Libyan National Army led by renegade military commander Khalifa Haftar, another of the main candidates in the election.

Haftar, a former CIA asset, is said to have United States nationality, which could also rule him out. Many people in western Libya also accuse him of war crimes committed during his 2019-20 assault on Tripoli.

Haftar denies war crimes and says he is not a US citizen.

Interim Prime Minister Hamid Dbeibah has described as flawed the election rules issued in September by the speaker of the eastern-based parliament, Aguila Saleh, who is also a candidate.

In recent years, Saleh drew the ire of many people for lending support to Haftars failed assault on the UN-recognised government based in Tripoli last year.

Excerpt from:
Libya gunmen attack court, stop Gaddafi sons candidate appeal - Aljazeera.com

Thank you Mr President.

Mr President, Id like to start by offering our thanks to the Prosecutor, Karim Khan, for his powerful briefing today on the occasion of his 22nd report on the situation in Libya. As this is the first time he is addressing this Council as the Prosecutor of the ICC, Id like to assure him of my countrys support for him as he carries out his important duties. The United Kingdom welcomes the Prosecutors report and his intention to visit Libya early next year. We urge the GNU to facilitate the visit and allow the ICC to investigate with independence in accordance with the Rome Statute and resolution 1970 of this Council. The United Kingdom is committed to providing our full support to the Prosecutors ongoing investigations in Libya, which are as important as ever at this crucial time in the political process.

We share the Prosecutors concern on the conclusions of the Independent Fact Finding Mission October 2021 Report. The report only serves to highlight the importance of the mission and to this end, the UK welcomes the renewal of the Independent Fact Finding Missions mandate. We call on the Libyan government to support the mission by facilitatingunrestricted andunfettered access throughout Libya.

We share the Prosecutors on the conclusions contained in the October 2021 report of the Independent Fact Finding Mission on Libya. The report only serves to highlight the importance of that mission and the UK welcomes the renewal of the Independent Fact Finding Missions mandate. We call on the Libyan government to support the mission by facilitating unrestricted and unfettered access throughout Libya. We urge the GNU to put an end to crimes committed in detention centres and investigate crimes committed at Mitiga Prison, and the Gernada detention facility. The GNU should also investigate and address violence against women and girls, including the fates of the female detainees at Al-Kuweifya detention centre that remain unknown.

The United Kingdom takes this opportunity to commend the efforts of the Joint Military Commission to develop an action plan for ensuring the withdrawal of foreign forces and mercenaries from Libya. The UK has been clear that their withdrawal should happen without delay and the Action Plan represents a Libyan-led practical step forward towards their withdrawal. The UK draws attention to statements of the Office of the Prosecutor that crimes committed by those foreign forces and mercenaries in Libya potentially fall within the jurisdiction of the ICC.

The United Kingdom is clear that civilians must be protected in conflict and that those responsible for violations of international law must be held to account. We are deeply concerned by the discovery of yet more graves in Tarhouna and encourage the GNU to continue its investigations, and take all possible actions to hold those responsible to account.

The UK has funded humanitarian assistance to provide psycho-social supportandaccess tohealthcare, and otherbasic servicesand assistanceformigrants, refugeesand asylum-seekers. The UK appreciates the cooperation that the Prosecutors office has been able to offer the national authorities in combating people smuggling and human trafficking.

We underline the importance of the process of national reconciliation and providing accountability and justice for atrocity crimes, and we encourage the GNU to work with the Office of the Prosecutor to achieve these goals. We reiterate our call for all relevant states, including both states parties to the Rome Statute and states that are not party to it, to cooperate with the ICC in the arrest and surrender of individuals subject to arrest warrants.The UK fully supports the Prosecutors important investigation into the Libya situation that was mandated by this Council and we will continue to work with his Office and with international partners to close the impunity gap for atrocity crimes in Libya and achieve justice for the people of Libya.

Excerpt from:
Closing the impunity gap for atrocity crimes in Libya - GOV.UK

It has been a decade since one of the largest mass expressions of frustration, the Arab Spring, rocked foundations across the Middle East and North Africa. In the decade since, the path forward has not always been direct or clear.

I had the privilege of leading Tunisia as prime minister for more than three years. It was a challenging but rewarding time. In my efforts to help build a sustainable democracy in Tunisia, I knew that reliable neighbors were essential. I was particularly concerned about the state of Libya, our neighbor. I knew then, and I feel even more strongly now, that a stable and prosperous Libya is important for the Libyan people and the broader region.

Following the 2011 revolution and for far too long, Libya has been used as a tool for destabilization and a breeding ground for radical ideologues pushing division, violence and terrorism. The trade routes that once benefited both our countries were essentially cut off. Sadly, aspirations for democratic self-determination in Libya were stymied or squashed against the wishes of the people, fueling a cycle of hopelessness, distrust and apathy.

Today, only a stable, prosperous and democratic Libya can help to counter this trend of despair and instead inspire hope. A new future is within reach in Libya following U.N.-sponsored talks in Geneva. Democratic elections are set for Dec. 24. These elections must proceed and must succeed. And for that I believe that there's an urgent need to focus on the Libyan national reconciliation and the quest of consensus within the Libyan political class before the election. This will help to avoid having the election be contested or not recognized. The ultimate goal is to create a true democracy in Libya and not a democracy by name onlywhich provides nothinga part constitutional deadlock. Democracy needs content to survive and evolve.

As a chief of government, I worked hard to facilitate mobility between the two countries. Millions of people used to cross the borders and trade between Tunisia and Libya was flourishing. Nowadays and following the COVID-19 outbreak, the borders with Libya's neighbors, including Tunisia, are beginning to reopen. What's more, regional cooperation is beginning again. Recently, the 5+5 Libyan Joint Military Commission held a meeting in Egypt for the U.N. mission and representatives of Libyan neighbors including Sudan, Chad and Niger to discuss the process of removing foreign fighters from Libyan territories. This is significant. It is clear that Libya, and the region, is focused on creating conditions that favor peace and stability.

A democratic Libya would benefit all its neighbors, from those who share its borders to those across the Mediterranean. Libya's close proximity to Spain, France, Italy and Greece provides an opportunity to reset immigration trends, with a focus on legal, safe and ethical treatment and processing of migrants. Only through a stable and prosperous Libya will there be enough resources and political will to meet this moment. Not only will a stable Libya protect the rights of migrants, but it will also help reduce the elevated level of immigration from North Africa, as Libya becomes an increasingly desirable place to live and work.

There is no denying that climate change is upon us, and the constraints from extreme weather events are only growing. Libya is in a unique position, one where we can capitalize on old forms of energy production while investing heavily in new renewable forms of production. With incredible potential for solar and wind power generation, Libya is poised to be a valued energy partner to Europe, especially as it has to deal with an increasingly untrustworthy supplier to the European Union's east. Libya has the capabilities to address both short-term needs while advancing future forms of energy productionbut that can only be unlocked by a democratic reunification of Libya. Without a democratic republic, accountability is unlikely, and Libya's economic engines will continue to only serve a minority.

The message a democratic Libya would send to the world's oppressed people cannot be overstated. It would lift up the voiceless, empower the people and show an alternative to violencecreating the environment to de-radicalize individuals and inspire others throughout the region to build their own democratic state. Through unlocking the aspirations of the people, Libya, and in time the region, will build a new age of prosperity and engagement.

Finally, a stable Libya provides a buttress against foreign influence in the region. Some countries see their foreign policy best served by keeping countries in the Middle East and North Africa weak, fractious and easily influencedbut these conditions are not advantageous to any other good-faith actor in the region. Building regional resilience is vitally necessary to prevent these influences from growing.

As I said when I was prime minister, when democracy flourishes in Libya, so too will stability, transparency and accountability throughout the region. With a stable economy and a strengthened private sector, Libya will be able to engage on equal footing with European and African partners like Tunisia, set an example to others in the region and build hope for the future. A stable Libya will have the capability to not only defend but advance human rights, build prosperity and be an engine for positive development across the region well into the future. That's why Libya's stability is about more than Libya.

Youssef Chahed is the former prime minister of Tunisia.

The views expressed in this article are the writer's own.

See the original post:
Libya's Stability is About More Than Libya | Opinion - Newsweek

The enhancing ties and cooperation between Turkey and Libya will overpower the conspiracies of France in the Eastern Mediterranean, the head of Libya's High Council of State said.

Speaking to reporters during his visit to Istanbul over the weekend, High Council Chairperson Khalid al-Mishri said that the relations between Turkey and Libya have a historical background, and the relations have grown stronger in economic, military and political terms.

He reiterated that Turkey was the first and only country to react when the legitimate government in Tripoli was attacked by the leader of the illegitimate forces in eastern Libya, putschist Gen. Khalifa Haftar, on April 4, 2019.

Pointing out that Greece, Egypt and Israel acted together to exclude Turkey from the sources in the Mediterranean, al-Mishri said: "Turkey and Libya have protected Turkey's rights and interests in the Eastern Mediterranean by signing the Agreement on the Limitation of Maritime Jurisdiction in the Mediterranean. The steps taken to prevent Turkey from using energy resources despite having rights in the region were also eliminated with this agreement. Libya and Turkey are aware of France's plot in the Eastern Mediterranean. France will not succeed, because Libya will strengthen its relations with Ankara much more."

Stating that countries such as the United States and France provided military and weapon support to Haftar and opposed Turkey's presence there, al-Mishri said that Turkey continues to support the Tripoli government despite everything, and that this support led to Haftar's defeat in Tripoli.

"Turkey's presence in Libya completely complied with international law because the government of Tripoli made calls to many countries and only Turkey responded. All these parties, except Turkish forces, came through unofficial and illegitimate means. Turkey came overtly. The presence of Turkish soldiers was completely in accordance with the international agreements. The Turkish military was also only for training and support purposes."

Turkey on Saturday rebuffed French President Emmanuel Macron's call on foreign powers to remove their forces from Libya as part of efforts to turn the page on a decade of strife, underlining that the Turkish military presence there is to help the Libyan army train.

The North African country has been mired in civil war since the overthrow of dictator Moammar Gadhafi in a 2011 uprising. The bloodshed has drawn in competing Libyan factions and extremist groups as well as foreign powers.

According to a deal with the legitimate government in Libya, Turkey sent troops to shore up the United Nations-recognized government in Tripoli, while Russia and other countries including France supported the eastern-based illegitimate forces led by Haftar.

Macron told an international conference on Libya in Paris on Friday that "Russia and Turkey must withdraw their mercenaries without delay."

France itself has faced accusations of backing Haftar but has always insisted it has been fully objective in the conflict.

Despite French weapons being found on a base used by pro-Haftar forces in 2019, Paris has rejected the claims.

Turkey sent only a low-level delegation to Paris as a sign of continued displeasure with Macron's foreign policy stance.

Security sources in Ankara have several times pointed out that Turkish forces cannot be classified as foreign fighters, unlike Russias Wagner mercenary group, as Turkish soldiers are in the country upon an official invitation by the Libyan government.

In April 2019, Libyas Haftar and his forces, backed by Egypt, Russia, France and the United Arab Emirates (UAE), launched an offensive to try and capture the capital, Tripoli. His 14-month campaign collapsed, and the fall of Tripoli was prevented after Turkey stepped up its military support of the United Nations-backed government.

Al-Mishri also said that next month's elections might be postponed by three months, citing disagreements over electoral laws as the main reason that could possibly cause the delay.

Libya's presidential and parliamentary elections are set to take place on Dec. 24 under a U.N.-sponsored agreement reached by Libyan political rivals during meetings in Tunisia on Nov. 15, 2020.

The oil-rich country's electoral commission on Nov. 8 opened registration for candidates in the polls. Tensions, however, have been ongoing between parliament, the High Council of State and the unity government regarding electoral powers and laws.

Al-Mishri said the High Council of State "will not resort to force to prevent the organization of elections" but called for a boycott of the vote.

"If the turnout is zero in a number of electoral districts, this makes them legally void," he noted.

He also said the body he heads has submitted appeals to the Supreme Court to adjudicate the decisions of the High Elections Commission, noting that the court "has the authority to consider appeals related to the decisions of the High Elections Commission."

Stating that the Supreme Council wants to hold a legal election in Libya, al-Mishri pointed out that France and Egypt are trying to intervene.

Stating that they will not accept an election position that the U.S. and other countries try to dictate to them, al-Mishri said: "Turkey and Italy do not favor and do not support an erroneous election in Libya. Because they think that an election made with faulty laws will cause the country to be divided, dragged into a new war, and they support us in this regard.

Al-Mishri stressed that if the presidential and parliamentary elections are held in a fair environment, Libyan Prime Minister Abdul Hamid Mohammed Dbeibah will gain a majority.

Al-Mishri's remarks come as European powers on Friday at an international conference in Paris threatened sanctions against those obstructing or undermining the political transition in Libya.

Dbeibah said at a news conference of the meeting that participants in the international conference for Libya agreed to sanction those who refuse to accept the results of the forthcoming parliamentary and presidential elections.

Dbeibah said the conference managed to "reaffirm extremely important points that can pave the way for the organization of elections."

On the other hand, there are serious steps being taken in Libya toward compromise over an election planned for December as part of a peace process, the country's Presidential Council President Mohammad Younes Menfi told Reuters.

"We must be optimistic and think that the elections will be on time with the agreement of Libyans," he said in an interview.

"Now there are serious steps to make a consensus to hold the election on time on Dec. 24," he added, without giving any details.

Disputes over the schedule and rules for Libya's election, including over who should be allowed to run, threaten to derail a U.N.-backed peace process that is seen as the best hope in years to end a decade of chaos.

Menfi was in Paris for Friday's international conference on Libya, at which world powers agreed to consider sanctions for anybody who disrupts the election but made no move to bring its rival factions together to agree on rules for the vote.

The vote was called through a U.N.-backed road map that demanded simultaneous presidential and parliamentary elections on Dec. 24. However, a law issued by Parliament Speaker Aguila Saleh pushed the parliamentary vote to a later date.

Heightening the stakes at play, some of the most prominent candidates are highly controversial figures such as Saif al-Islam Gadhafi, who announced his candidacy on Sunday. Gadhafi was sentenced to death by a Tripoli court in 2015 for war crimes and is wanted by the International Criminal Court (ICC).

Question marks also hang over other likely candidates, including eastern commander Haftar, whom western factions accuse of war crimes, which he denies, and interim prime minister Dbeibah who had vowed not to run.

"We are trying as much as possible to end this process in a democratic, transparent and acceptable way for all Libyans on Dec. 24 so that power is handed over to an elected authority," Menfi said.

He said there should be no disputes over candidates who meet the requirements of electoral laws once they have been agreed upon.

"We are not worried about the participation of any Libyan if they meet the conditions of the electoral laws," he said.

Libya's Presidency Council on Sunday also called for holding the parliamentary and presidential elections simultaneously.

In a statement, the council called for taking all measures to ensure a "comprehensive elections process" with a view to building confidence among the parties and ensuring "transparency and fairness of the polls."

The statement also underlined the importance of international efforts to secure and monitor the electoral process.

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Growing Turkey-Libya ties will counter East Med plots: Al-Mishri | Daily Sabah - Daily Sabah