The UN Security Council voted by a majority to extend the mandate of Operation Irini for an additional six months. In a subsequent session focused on accountability procedures in Libya, members of the Council welcomed the notable progress made by the Office of the Prosecutor for the International Criminal Court (ICC).
The United Nations highlighted that this advance was demonstrated by the impending arrest and surrender of a prominent suspect, Khaled al-Hishairi, who was detained by German authorities in response to an ICC pre-trial chamber warrant. Al-Hishairi faces accusations of war crimes and crimes against humanity committed at the Mitiga prison in Tripoli.
In a statement delivered on behalf of the States Parties to the Rome Statute France, Greece, Guyana, Panama, the Republic of Korea, Slovenia, the United Kingdom, and Denmark representatives thanked ICC Deputy Prosecutor Nazhat Shameem Khan and her team for presenting the 30th report on the situation in Libya under Resolution 1970. They also expressed satisfaction with the tangible steps taken following the Libyan authorities’ declaration under Article 123 of the Rome Statute, and the progress achieved across the four designated lines of investigation.
Deputy Prosecutor’s briefing focuses on accountability efforts
During her briefing to the Council, Nazhat Shameem Khan affirmed that the past six months have witnessed a series of unprecedented achievements in Libya. She stressed her office’s commitment to implementing Resolution 1970 and addressing files of grave violations. Khan described al-Hishairi’s arrest in Germany, accused of war crimes and crimes against humanity (including murder, torture, and sexual violence) at Mitiga prison between 2015 and 2020, as a significant breakthrough. She maintained that crimes in detention centres are exacerbated by a sense of impunity among perpetrators.
The Deputy Prosecutor also emphasised the continuous focus required to ensure the arrest and transfer of Osama al-Masri (Injaim), former Director of Operations in the Judicial Police Department, who is accused of murder, torture, and sexual violence crimes, for trial at the ICC. She noted reports of his possible arrest in Libya are being verified. Furthermore, she called on authorities in eastern Libya to guarantee the arrest and handover of Saif Suleiman Sinedel, a war crimes official in the Al-Saiqa Brigade suspected of participating in 2014 executions. Khan stated that investigations will continue beyond May 2026.
Regarding human trafficking and migration issues, Khan cited concrete results, referencing the trial of Teuluide Goitom (known as Walid), which began in the Netherlands for charges including smuggling, extortion, and membership in a criminal organisation linked to Libya. She also underlined that the Court faces attempts at pressure and intimidation, stressing that success in accountability requires the combined effort of Libya, the Council, and the ICC, and highlighted the need to protect civil society and justice partners. She also noted that her office continues to track and investigate field commanders, such as Sinedel and Injaim, and confirmed forthcoming contact with the Libyan Public Prosecutor’s office after receiving an invitation for a personal meeting.
Libya’s UN representative, Taher Al-Suni, welcomed the Court’s progress over the past six months. He emphasised that the Libyan Public Prosecution Office retains primary jurisdiction over prosecuting war crimes and crimes against humanity, according to the Rome Statute, and that the principle of complementarity involves cooperation and evidence sharing, especially when the Libyan prosecution cannot apprehend suspects. Al-Suni detailed the efforts of the Libyan Public Prosecution: 614 mass grave investigations in Tarhuna, 255 judicial decisions issued, 220 cases referred to courts, 52 suspects detained pending investigation, and 111 arrest warrants issued. He also demanded the extradition of five fugitives located in other countries.
Positions of Member States and Libyan Actors
The representative for the United States supported ensuring accountability for those responsible, praising the reported arrest of Osama Njeim and urging Libyan authorities to hold him accountable, arguing this contributes to restoring stability. In contrast, Russia’s representative criticised the Court’s selective approach to migration cases and its double standards, linking the emergence of civil war atrocities in Libya to the 2011 NATO aggression, and called for supporting national institutions for sustainable settlement.
Conversely, France’s representative reiterated support for the Prosecutor’s progress, suggesting Libya’s May 2025 decision to grant the Court jurisdiction demonstrates the authorities’ confidence. The United Kingdom’s delegate welcomed the progress reflected in al-Hishairi’s transfer, encouraging Libyan authorities to maintain momentum in cooperation. China’s representative urged the ICC to respect Libyan national jurisdiction and coordinate with authorities. Algeria’s delegate demanded that accountability be extended to external parties involved in destabilisation, arms embargo violations, and illicit funding, not just local elements.
Ultimately, the session showed cautious optimism due to tangible progress in investigations and arrests (such as al-Hishairi’s case), countered by fundamental challenges related to international cooperation, respecting national jurisdiction, and the ability to prosecute actors both inside and outside Libya.
