Deputy Prosecutor Khan Addresses UN on Libya Situation

ICC

(On 25 November 2025, ICC Deputy Prosecutor Nazhat Shameem Khan addressed the United Nations Security Council in New York on the Situation in Libya. Below is a transcript of her remarks.)

Madam President, thank you for the opportunity to brief the Security Council today. Please also allow me to begin by recognising and expressing my thanks to his Excellency the Permanent Representative of Libya to the United Nations for his attendance today.

Madam President, Excellencies, I address you today following the realisation, over the last six months, of a series of unprecedented landmarks in response to the mandate set by this Council through Resolution 1970 in 2011.

As reflected in my report, through our collective work, there is a new momentum towards justice in Libya, and we now look towards the first trial to be held at the Court in this situation. Based on the progress we now see, I firmly believe there is an opportunity for us to show a collective success based on the partnership between Libya, this Council and the ICC.

This progress has been delivered despite what are also unprecedented headwinds faced by the Court. I must be clear that coercive measures and acts of intimidation against the ICC, civil society and other partners of justice do not serve anyone other than those who wish to benefit from impunity in Libya and in all situations that we address.

It is the victims of murder, sexual violence, torture and the other most serious crimes addressed by our Court that stand to lose the most from these coercive actions. I firmly believe that is not a position that is welcomed by any member of this Council, and it is my sincere hope that we can rebuild a common ground between us for collective, effective action against atrocity crimes.

I do wish to underline to all members today that, despite this context, the Office, and I personally, remain fully committed to delivering on the promise that was made to victims through Resolution 1970, and through the Rome Statute to all those affected by international crimes.

Madam President, Excellencies, this sense of solidarity and common action has delivered significant progress in the period covered by the report I present to you today. And through the arrest of Khaled Mohamed Ali EL HISHRI by German authorities on the 16th of July on the basis of a warrant issued by Pre-Trial Chamber I of the ICC, we see a clear example of the momentum that we are building. The Office of the Prosecutor alleges that Mr. EL HISHRI is responsible for war crimes and crimes against humanity committed in Mitiga Prison from February 2015 to at least early 2020, including murder, torture, rape and sexual violence against Libyan nationals and migrants.

For too long, crimes committed in detention facilities in the West and the East of Libya have represented a no-go-area for accountability, and it is that sense of impunity that has acted as a driver, an accelerant for the infliction of even more cruelty. Through the imminent transfer of Mr. EL HISHRI to the ICC, based on the mandate provided by this Council, and through the first pre-trial and subsequently trial proceedings before the Court in the situation of Libya, we send a clear message: those responsible for inflicting suffering in Libya are mistaken if they believe they are still outside the reach of justice.

Reflecting this momentum, our Office also remains clearly focused on securing the arrest and transfer of Mr. Osama Elmasry NJEEM for trial at the ICC for the war crimes and crimes against humanity that we allege he has committed in Mitiga prison. These alleged crimes also include murder, torture, rape and sexual violence. We have received reports in recent weeks of his possible arrest in Libya, and we are seeking confirmation of this from the Office of the Attorney General.

And we are also continuing steps, together with our Registry colleagues, to ensure the effective tracking and arrest of Mr. Saif Suleiman SNEIDEL, in relation to whom Pre-Trial Chamber I unsealed an ICC arrest warrant on the 8th of August. We allege Mr. SNEIDEL to be responsible for war crimes when serving as an officer of Group 50 in the Al-Saiqa Brigade and participating in an operation launched by the so-called Libyan National Army in Benghazi, known as Operation Dignity, in May 2014. In issuing the arrest warrant in November 2020, the Chamber found reasonable grounds to believe that Mr SNEIDEL participated in three mass executions in which a total of 23 people were murdered. I call on all relevant authorities, and in particular those in Eastern Libya, to secure the arrest and transfer of this individual to the ICC.

It is also essential, Madam President, that we ensure those subject to existing arrest warrants for the horrors committed in Tarhunah, whether they are located in Libya or in third States, are arrested and brought to justice. The scale of atrocities committed demand our collective action.

Madam President, Excellencies, collectively, these actions, the additional warrants, the arrests and the anticipated trials before the ICC, are proof that through our common work, we can end an era of impunity in Libya. This will remain our absolute central focus in the coming period. And these new possibilities for accountability are not just reflected in the concrete steps I have outlined. They are seen in the clear, further commitments made by the Government of Libya to partner with the ICC in these efforts.

The submission of a declaration by the Government of Libya pursuant to Article 12(3) of the Rome Statute, accepting the exercise of jurisdiction by the Court, was a significant moment. It sends a clear message that Libya sees ongoing, real value and trust in the work of the ICC. And this is not just a commitment that we have seen on paper - it has been reflected in real, enhanced cooperation received from Libyan authorities in this reporting period.

I wish to express thanks in particular to their Excellences Prime Minister Dbeiba and President Al-Menfi for the support of their offices, and would like to welcome the Attorney-General of Libya to deepen his engagement in this common cause. In that regard, I note that, last week, the Attorney General was in contact with my office to request an in-person meeting. I welcome that approach and I look forward to engaging with him further in the near future.

Madam President, Excellencies, reflecting this renewed dynamic, Libyan authorities have also made clear to the Office that they see significant value in ensuring a comprehensive conclusion to existing lines of inquiry as outlined in the 2022 situation strategy. Through this renewed posture, we see an alignment of messages from Libyan national partners and civil society organisations as to their hopes for a full realisation of the strategy outlined originally by the Office in its 23rd Report.

In this new landscape, and also taking into account the significant work stemming from the impending first trial in the Libya situation, the Office has conducted a further assessment of the opportunities and consequent timeframe for the effective implementation of its 2022 Strategy, in fulfilment of the mandate set by this Council.

I can therefore confirm to the Council today that, on the basis of that review, and while reaffirming its commitment to move promptly to the conclusion of the investigation phase in this situation, the Office has renewed the core landmarks it will seek to achieve in reaching this completion stage. As a result, the Office will continue its investigations beyond May 2026, and will report promptly to the Council upon completion of each of the three lines of inquiry that remain in active investigation phase.

Madam President, Excellencies, amidst this renewed sense of dynamism and common action, it is important to recall from where the Court derives its strength and focus: that is our work with victims, with those affected by Rome Statute crimes. In the last period, this spirit of partnership has also been seen in our work with civil society actors. On the 8th of October 2025, I was grateful for the opportunity to hold a further periodic meeting with more than 30 civil society organisations and human rights activists in relation to the situation in Libya.

The Libya Unified Team has also held over 150 interactions and engagements with more than 54 CSOs, human rights defenders, and victims' organisations over the last six months. The messages we received from them were consistent. They are encouraged by the recent arrest, they see other tangible progress, and they believe that these actions can have a deterrent effect on perpetrators in Libya as we speak. I can feel a genuine increased trust and confidence in our work from victims and from civil society.

But in our meetings, they are also clear: to have lasting impact, we must retain our focus and ensure that these positive steps result in real justice, in a way that properly addresses key areas of impunity in Libya. I underlined to them, that we are united in this view and we will continue to rely on their partnership as we take this work forward.

Let me take this opportunity to express my personal gratitude to both Libyan and international civil society organisations for their strong voice for victims, and for their essential support to the ICC in our common work to end impunity in Libya.

Madam President, Excellencies, finally, I wish to emphasise the crucial role that cooperation with other national partners has played in this reporting period, in particular with respect to crimes committed against migrants.

Our work in the Joint Team together with domestic law enforcement agencies of five State Parties has, in particular, actively contributed to our investigations in this area. And again here we see concrete results delivered through our work together.

Earlier this month, on the 3rd of November, the trial of an Eritrean alleged human smuggler named Tewelde Goitom (also known as "Walid") commenced in The Netherlands. He faces charges that include extortion, smuggling of migrants and membership in a criminal organisation for his role in a large international human smuggling network including operations in Libya. Our Office was pleased to attend Court for the closing submissions by the Prosecution last week.

A second Eritrean alleged human smuggler who also operated from within this network in Libya is expected to be extradited from the United Arab Emirates to The Netherlands by the end of the year to face domestic trial proceedings, again based on the work of this Joint Team.

I wish to extend my sincere thanks to all national authorities that have provided their support and collaboration in the recent period. It is my hope that as we see the real accountability returns on this investment, more States and national authorities will join this collective effort.

Madam President, Excellencies, based on our common work, based on the mandate and support of this Council, there is now a brighter future for justice in Libya.

We can clearly see, in our activities, an increased alignment of cause across actors, from Libyan national authorities to civil society partners and to our colleagues from other States that wish to support accountability for international crimes.

Looking at what has been achieved in the recent period, we can allow ourselves a tentative hope that a page is being turned, a clearer space being created for good actors in Libya, and ultimately that the foundations for lasting peace and stability for the Libyan people are being strengthened. This hope is real, but it is also fragile. I welcome the partnership of all members of this Council in our continued efforts towards this goal, and also urge, on behalf of victims, that all measures seeking to frustrate this work are ceased.

Our cause is a common one, which we will continue together in the months ahead.

I can assure all Members that the Office of the Prosecutor and I personally remain fully committed in our efforts to deliver for the victims of Rome Statute crimes in Libya in line with the mandate that you have provided us.

I thank you.

More information:

Libya accepts ICC jurisdiction over alleged crimes from 2011 to the end of 2027

Situation in Libya

Office of the Prosecutor

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