International Commission of Jurists

Libya’s acceptance of the International Criminal Court’s jurisdiction: stakes and implications

Libya | Middle East and North Africa
Issue: Civil and Political Rights, Rule of Law
Document Type: Advocacy | Analysis Brief | Publication
Date: 2025

Libya: New Q&A on Libya’s acceptance of the International Criminal Court’s jurisdiction

In a new question-and-answer briefing, the International Commission of Jurists (ICJ) lays out the stakes and implications of Libya’s acceptance of the International Criminal Court’s jurisdiction.

البيان باللغة العربية على هذا الرابط

On 12 May 2025, the Government of National Unity (GNU) – the internationally recognized government of Libya – lodged a declaration, pursuant to article 12(3) of the Rome Statute of the International Criminal Court (“ICC” or “the Court”) with the Registrar of the Court, accepting the exercise of jurisdiction by the Court “with respect to alleged crimes in its territory from 2011 to the end of 2027”.

“Libya’s article 12(3) declaration is a positive development. However, for the declaration to translate into truly meaningful progress, the Libyan authorities must now start fully cooperating with the Court, including by promptly arresting and transferring all the suspects subject to an ICC arrest warrant to the Court”, said Saïd Benarbia, ICJ Middle East and North Africa Programme Director.

The Q&A assesses the significance of this declaration and its legal implications for the ICC and for Libya. It answers the following questions:

  1. Was the article 12(3) declaration lodged by the competent authority?
  2. Does the article 12(3) declaration affect the pre-existing Court’s exercise of jurisdiction over the situation in Libya?
  3. Does the article 12(3) declaration have an impact on the scope of the Office of the Prosecutor’s ongoing investigation into the Libya situation?
  4. Does the article 12(3) declaration enable the Libyan authorities to influence the ICC prosecution policy?
  5. What is the impact of the article 12(3) declaration on Libya’s obligation to cooperate with the International Criminal Court?

English version available for download here

Arabic version available for download here

Contact

Saïd Benarbia, Director, ICJ Middle East and North Africa Programme; t: +41 22 979 3800, e: said.benarbia@icj.org

Nour Al Hajj, Communications & Advocacy Officer, ICJ Middle East and North Africa Programme; e: nour.alhajj@icj.org

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