Lack of Accountability for War Crimes in Libya Raises Instability

The Security Council meets at the United Nations Headquarters to discuss the escalating hostilities in Libya and the United Nations Support Mission in Libya. Credits: UN Photo/Manuel Elías

By Oritro Karim
UNITED NATIONS, Sep 4 2024 (IPS)

The situation in Libya continues to grow more dire every year since the emergence of the al-Kaniyat militant group. From 2013 to 2022, al-Kaniyat had been responsible for a multitude of human rights violations, including mass killings, kidnappings, forced displacements, torture, and sexual violence. The lack of accountability for these injustices has spurred renewed conflict, which threatens to destabilize Libya years later.

In 2011, al-Kaniyat seized control of Tarhuna, a Libyan village that fosters approximately 150,000 people. Originally, al-Kaniyat had served as a local organized militia that sided with the Government of National Accord (GNA), an interim government that oversaw Libyan affairs after 2015. However, al-Kaniyat would eventually side with the Libyan National Army (LNA).

A report by the Libyan American Alliance (LAA) details the transgressions committed by the al-Kaniyat militia during the 2019-2020 Tripoli conflict.

“By October (of 2020), more than 20 mass graves had been exhumed in Tarhuna, accounting for over 200 bodies. Many disappearances and executions were not well-recorded by relatives of the victims though, due to the fear ingrained in the Tarhuna population by the militias, therefore, it is impossible to know the true quantity of victims”, stated Kamal Abubaker, Head of Libya’s General Authority for Searching and Identifying Missing Persons (GASIMP).

The Human Rights Watch (HRW) estimates that at least 338 people were abducted or reported missing during the militia’s five year siege. Additionally, LAA states that there is evidence of civilians being buried alive, electrocuted, and subjected to intense beatings.

Years later, GASIMP continued to find the remains of hundreds of victims, disposed of in mass graves. Numerous bombs and landmines were also recorded in the Tarhuna-Tripoli region.

Abubaker stated that there were at least 17 other mass graves in the area, containing women and children as well. It is estimated that there could be over 100 more that have yet to be discovered. In addition, over 350 families have reported missing relatives.

Civilians that defied al-Kaniyat authorities were imprisoned in one of four detention camps. Living conditions in these facilities were dire and prisoners were routinely subjected to physical and psychological torture.

The HRW detailed these conditions in a 2022 report. Detainees were contained in small, box-like cells that were approximately 1.2 meters high and 1.2 meters wide. Detainees were often suspended and whipped with plastic hoses on the soles of their feet, a practice known as falaka.

The perpetrators of these cases are still in the lengthy process of being identified and held accountable. This is primarily due to Libya’s compromised criminal justice system.

“Libya’s criminal justice system remained weak with serious due process concerns. Judges, prosecutors, and lawyers remained at risk of harassment and attack by armed groups. Military courts continued to try civilians”, states the HRW.

Additionally, during al-Kaniyat’s occupancy in Tarhuna, they controlled the local police and militia, causing significant obstructions of justice. Furthermore, the Kaniyat militia controlled key passages to Tripoli, effectively isolating Tarhuna from accessing crucial resources and aid personnel.

Mohamed Al-Kosher, the mayor of Tarhuna, stated, “Unfortunately, successive governments in Libya did not interfere in the crimes of this militia. If they wanted to, they could have taken out the Kaniyat. But every government turned a blind eye toward the crimes, and in return, the Kaniyat did what the government asked it to do”.

As a result, future perpetrators of human rights violations believe they are afforded impunity and the cycle continues.The lack of due process for the perpetrators of these violations has led to the emergence of an increasingly unstable social climate in Tarhuna.

An August 2024 report by The Office of the United Nations High Commissioner for Human Rights (OHCHR) states, “The lack of truth and justice, including accountability for the countless crimes committed, has in some instances led to renewed violence and repeated violations fomenting further grievances in Tarhuna and surrounding area”.

Stephanie Koury, the acting Head of the UN Support Mission in Libya, adds that “leaving the root causes and drivers of conflict unaddressed will only serve to keep fueling toxic cycles of violence and revenge between communities”. Therefore, it is crucial to expedite punitive processes for al-Kaniyat perpetrators to ensure the stability of Libya.

Currently, there are judicial processes in progress to identify and prosecute those involved in human rights violations in Tarhuna. According to OHCHR, in November 2022, numerous applications for arrest warrants were submitted.

Libyan Attorney-General, al-Siddiq al-Sur stated that judicial investigators had opened 280 criminal cases against al-Kaniyat members. However, only 10 of these cases had been referred to court, with no date given as to when these trials will take place.

OHCHR adds that the United Nations (UN) has urged Libyan authorities to allow for “effective reparations” for victims, including “legal aid and mental health support and guarantees of non-repetition, designed in consultation with those directly affected”.

IPS UN Bureau