Libyan Government Condemns Dbaiba's ICC Authorization as Illegitimate
The rejection came in response to a declaration made by the rival Tripoli-based Government of National Unity (GNU), headed by Prime Minister Abdulhamid Dbaiba, which had accepted the ICC's mandate under Article 12(3) of the Rome Statute.
In a legal memorandum sent to the ICC and made public on Sunday, Justice Minister Khaled Massoud described the GNU's declaration as 'legally void' and without constitutional legitimacy.
He argued that the GNU is a 'defunct' administration that lost its legal authority after a vote of no confidence by the House of Representatives, and therefore lacks the power to engage in international legal commitments affecting national sovereignty.
The Hammad government accused the GNU of violating Libyan sovereignty and attempting to bypass the national judiciary.
The memorandum stressed that any acceptance of ICC jurisdiction must come from a legitimate, constitutionally mandated authority. It warned the Court against proceeding based on what it described as 'unilateral and unauthorized steps' taken by a politically contested entity.
Massoud called on the ICC to respect Libya's internal legal framework and the authority of its legitimate institutions. He added that accepting the GNU's declaration would undermine the role of the Libyan judicial system and breach the principles of national sovereignty.
The statement directly challenges an announcement made in May by ICC Prosecutor Karim Khan, who told the UN Security Council that Libya had granted jurisdiction to investigate crimes committed over the past decade. He called it a crucial step toward justice and accountability. Tags: icclibyaLibyan GovernmentWar Crimes
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Libya Review
an hour ago
- Libya Review
Benghazi Court Nullifies ICC Jurisdiction Over Libya
The South Benghazi Primary Court has issued an urgent judicial order rejecting the jurisdiction of the International Criminal Court (ICC) over Libya. The court declared the ICC's mandate in Libya invalid, delivering a major legal blow to the international tribunal's authority in the country. The decision came after a formal request was submitted by the Prime Minister of the Libyan Government-designate, Osama Hammad, who contested the legitimacy of the outgoing Government of National Unity (GNU) under Abdel-Hamid Dbaiba to accept the ICC's jurisdiction. The court's ruling was described as an urgent judicial writ with immediate enforceability, reinforcing Libya's judicial sovereignty and raising questions over external interference in the country's legal affairs. This landmark ruling marks a significant moment in Libya's legal and political trajectory, especially as tensions persist between rival governments in the east and west of the country. Libya has long been a focus of the ICC due to war crimes allegations and ongoing conflict. However, the latest ruling may limit future cooperation with the court, potentially shielding Libyan figures from international prosecution. The case signals growing efforts by the Libyan eastern authorities to assert full legal independence and contest actions taken by the Tripoli-based GNU. Legal experts expect the decision to trigger further debate within international legal and diplomatic circles.
Libya Review
7 hours ago
- Libya Review
Former Greek FM Accuses Turkey of Using Libya to Pressure Athens
Former Greek Foreign Minister Nikos Kotzias has claimed that Libya plays a key role in Turkey's strategic plan to encircle Greece. Speaking to the Greek outlet D News, Kotzias described the plan as a 'crab system', with Turkey acting as the body and Libya forming the 'southern claw' alongside Albania and North Macedonia as the 'upper claw'. Kotzias argued that Turkey is exploiting Libya as a tool to exert international pressure on Greece, presenting itself as a 'protector of smaller states'. He pointed out that the 2019 maritime agreement signed between Ankara and the Tripoli-based government is being used to challenge Greece's maritime rights in the Eastern Mediterranean. He accused Turkey of violating international maritime law and the sovereign rights of Greek islands. Criticising Athens, Kotzias said that Greece had made 'serious diplomatic mistakes' by failing to engage both the Libyan government in Tripoli and Field Marshal Khalifa Haftar in eastern Libya. He claimed this diplomatic vacuum has enabled Turkey to expand its presence by building military bases and airfields in southern Libya. Kotzias called for resolving the maritime dispute between Greece and Libya through the International Court of Justice (ICJ), noting that Libya—unlike Turkey—is a signatory to the United Nations Convention on the Law of the Sea (UNCLOS). He also highlighted that Libya has previously signed maritime agreements with Malta and Tunisia, suggesting that legal avenues remain viable if Athens acts strategically. Should Libya refuse dialogue or ICJ arbitration, Kotzias suggested that Greece could exert pressure through the European Union, including restricting EU funding to Libya if it continues to align with Ankara. Tags: CreteGreecelibyaMediterraneanNicos KotziasTurkey
Libya Review
8 hours ago
- Libya Review
Sudan Prepares to Reopen Consulate in Libya's Kufra
A Sudanese consular mission arrived in the southern Libyan city of Kufra on Sunday, marking the first step towards reopening the Sudanese consulate. The visit was attended by senior Libyan officials, including the Director of the General Department of Protocol and the Director of Consular Affairs at the Ministry of Foreign Affairs and International Cooperation, which is mandated by the parliament. According to a statement by the Libyan Ministry of Foreign Affairs, this move comes under the direct follow-up of Minister Abdel-Hadi Al-Hwaij, who has been actively supporting diplomatic missions in Libya. The mission's arrival at Kufra International Airport reflects ongoing efforts to enhance consular representation in the country. The visit aims to finalise technical and administrative arrangements for the reopening of the Sudanese consulate in Kufra. The step is seen as an indicator of improving security conditions and highlights the work of the Libyan Arab Armed Forces and the Libyan government to reinforce stability and create an environment conducive to the return of active diplomatic services. The delegation was welcomed by Mansour Al-Abeirsh, the Head of Consular Affairs at the ministry's Kufra office. He emphasised the significance of this development in strengthening bilateral relations between Libya and Sudan. Reopening the consulate is expected to facilitate consular services for the Sudanese community in southern Libya, improving communication and cooperation between the two nations. The move also underscores the broader diplomatic efforts to restore trust and normalise ties with neighbouring countries. Tags: KufralibyaSudanSudanese Refugees
