The international community reacted with despair at the recent discovery of mass graves in Libyan territory once under the control of military commander and warlord Khalifa Haftar. After receiving credible information on the alleged graves, the International Criminal Court (ICC) announced that the discovery could serve as evidence of war crimes, flagrant violations of international humanitarian law.

EVIDENCE OF WAR CRIMES AND CRIMES AGAINST HUMANITY

Following serious reports of mass graves in the Libyan city of Tarhuna, ICC prosecutor Fatou Bensouda expressed her concerns in a newly released statement. In the statement, Bensouda said that the ICC had received highly credible information supporting the existence of 11 alleged mass graves containing women, men, and children. The ICC prosecutor called on Libyan authorities to take all “necessary measures” to secure the sites and ensure that no future actions would jeopardise ongoing investigations. 

Bensouda went on to say that these new findings could constitute evidence of war crimes or crimes against humanity. She emphasised the importance of the Rome Statute to argue that the new discoveries and continuing hostilities against civilians demonstrate clear disregard for international humanitarian law that must be immediately rectified. Article 8 of the Rome Statute lists a number of actions that constitute a war crime. An intentionally directed attack against a civilian population or individual civilians not partaking in hostilities is considered a war crime under the statute. 

ESCALATING VIOLENCE AND CIVILIAN CASUALTIES

Bensouda further condemned the escalating violence in Libya and the growing number of civilian casualties that have resulted from increasing hostilities between armed groups. 

Libya has suffered from intense turmoil since former dictator Gaddafi was overthrown in 2011. The violence has intensified over the years, with the Libyan National Army attempting to overthrow the internationally-recognised Libyan government. While rival militias battle for legitimacy, thousands of civilians have died or suffered critical injuries in the aftermath of the fighting. Amnesty International reports indicate that both factions have a history of flouting international humanitarian law, employing methods classified as war crimes. The reports point to widespread use of torture, civilians abductions, and execution-style killings.

INTERNATIONAL CONDEMNATION AND POSSIBLE LEGAL ACTION

As the discoveries of these mass graves have gained international condemnation from human rights organisations and the ICC, there is an undeniable opportunity to bring the perpetrators to justice. According to Human Rights Watch, failed earlier efforts to fully implement a system of accountability have allowed armed groups and militias to freely engage in human rights violations without legal consequences. 

Following the start of the Libyan civil war in 2011, the urgency of the situation prompted the United Nations Security Council to give the ICC a full mandate to investigate alleged war crimes, crimes against humanity, and genocide. Nine years later, the investigation is still ongoing, but recent findings may shed new light on the situation and provide the ICC with new evidence. Bensouda highlighted the serious nature of the discovery, saying that she would not hesitate to expand the current investigation and prosecute any new instances of acts that qualify as war crimes or crimes against humanity.   

In parallel, the UN Human Rights Council (UNHRC) adopted a unanimous resolution on 22 June urging the High Commissioner to dispatch a fact-finding mission to investigate allegations of human rights violations in the country. The mission will aim to document alleged violations in Libya and collect the evidence necessary to hold the perpetrators of the recent atrocities accountable. As years of deep-rooted atrocities are unveiled to the world, there may yet be hope that the combined efforts of the ICC and the UNHRC could bring justice to a country still reeling from the effects of a near-decade-long social and political upheaval.

Emelie is a recent graduate in International Politics and Law from Middlesex University. She is currently active as a Community Campaigner for Action Aid UK while also working as a volunteer for the non-profit, The Circle NGO. Her research interests include women in international law, humanitarian law, and gender and security.

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