Dr. Osama Hamad, the Head of the Libyan Government, announced today that the content of the briefing provided by the International Criminal Court’s (ICC) Deputy Prosecutor constitutes a direct undermining of Libyan state sovereignty and the independence of its judiciary, representing an explicit breach of the Rome Statute’s provisions. Hamad stressed that the Government of National Unity (GNU) possesses no authority to waive Libyan judicial jurisdiction or transfer it to foreign entities, deeming such an action a crime that escalates to the level of high treason.
Hamad asserted that attempts at foreign judicial intervention, particularly those facilitated via the GNU, effectively nullify the powers of the national judiciary and usurp the authority of the Libyan Prosecutor-General. In this regard, he pointed out that the Libyan judiciary has already accepted the appeal lodged by the government’s presidency against the ICC, and that domestic rulings have already established the national judiciary’s ability to administer criminal justice internally.
The Prime Minister further reminded observers that the principle of complementarity stipulated in the Rome Statute grants full priority to national jurisdiction, citing a judicial precedent before the ICC itself in 2014, which validates this principle.
Concluding his statement, Hamad warned that the Deputy Prosecutor’s recent briefing could exacerbate the Libyan crisis, a concern that was subsequently supported by certain members of the Security Council. He reiterated his government’s commitment to supporting the Libyan judiciary and enhancing its independence to ensure justice is served in accordance with national laws and international standards
