It is time for the ICC to address crimes against asylum seekers – Al Jazeera English
The scenes have become commonplace: migrants desperately clinging onto dilapidated dinghies as towering naval ships armed with heavy-duty guns encircle them. Some migrants make it to Europe. Many perish. Thousands are sent back each year to Libya. Back on shore, they are incarcerated in camps where they are vulnerable to sexual violence, torture, arbitrary detention, and human trafficking. Some try their luck on the Mediterranean again. The treacherous journey repeats.
On November 24, far from these scenes of migrant suffering, the prosecutor of the International Criminal Court (ICC) presented a familiar refrain at his bi-annual address to the United Nations Security Council. Karim Khan lamented crimes perpetrated against migrants in Libya, calling them troubling and calling for accountability to march alongside global condemnations.
The prosecutors remarks came in the wake of yet another report from human rights groups imploring the ICC to genuinely investigate atrocities committed against asylum seekers attempting to cross into Europe from the North African state. For years, the court has insisted it will investigate these crimes, only to dither and then re-state its interest in doing so before the Security Council. Enough is enough. It is time to hold accountable all actors involved in abuses against people on the move including European states.
Libya has played a critical but sordid role in helping Europe stave off unwanted asylum seekers. Throughout the 2000s, former Libyan dictator Muammar Gaddafi helped European states ensure people on the move would not use Libya as a launching point to cross the Mediterranean. Western states were happy with the arrangement and Gaddafi was rewarded for doing their dirty work.
In 2008, for example, Italy agreed to invest $5bn in Libya in compensation for its colonisation of the country, although many suspected this was a monetary reward for its continued work in controlling African asylum seekers. Both sides were satisfied while people on the move lived in horrific conditions.
In 2011, Gaddafi fell from power, in large part due to the intervention of those same states that had seen him as a partner in migration control. Following a Security Council referral of Libya to the ICC that same year, the court also issued an arrest warrant for Gaddafi, on allegations of war crimes and crimes against humanity.
In the ensuing regional instability, European states shifted towards another dictator for help, one who had likewise been targeted by the ICC: Sudans Omar al-Bashir. European statesfundeddetention centres for asylum seekers in Sudan despite Sudanese borders beingpatrolledby the same paramilitary group responsible for genocide in Darfur. No one, it seemed, would be held to account for the atrocities perpetrated against desperate people fleeing conflict and economic hardship.
Then, in the middle of the migrant crisis, former Prosecutor of the ICC Fatou Bensouda made a bold declaration: in 2017, she told the Security Council for the first time that her office was eager to investigate crimes against migrants in Libya. She declared that the country had become a marketplace for the trafficking of human beings.
To investigate crimes against migrants would be entirely within the jurisdiction of the court. Not only are the crimes committed against them, such as torture, sexual violence, enslavement, and so on, crimes enumerated in the Rome Statute of the International Criminal Court, but the institution can prosecute human trafficking as a crime against humanity.
Bensoudas call opened the floodgates. Additional reports and filings were submitted to the ICC detailing harms against migrants. Some groups submitted claims that the EUs deterrence policy towards African people on the move made it complicit in crimes against humanity against migrants. The findings have been added to the ICC prosecutors preliminary examination into Libya.
That refugees put everything on the line just for thechanceto be processed in a European state is a nightmare that European states helped create. Asylum seekers often fork over tens of thousands of dollars to smugglers who promise to bring them to Europe. They pay multiple times the amount that it would cost to board a commercial flight to any European state.
The reason? Western states have ensured that airlines and not immigration officials are responsible for processing and denying asylum seekers before they board. With little other recourse, people fleeing conflict and hardship are corralled to the coasts of North Africa and forced to pay smugglers just to risk everything by attempting to cross the Mediterranean.
Western states also increasingly outsource responsibility for controlling migration to nefarious actors, often in response to losses at human rights courts. In a 2012 landmark decision, the European Court of Human Rights found that the Italian coastguard was obligated to process Eritrean and Somali asylum claimants it had picked up on the Mediterranean. They could not simply dump them back onto Libyan territory.
Put otherwise, if an asylum seeker came under the jurisdiction of a Western state even if it was just by being on a boat controlled by such a state then their claims for asylum had to be processed by that states officials. If they did not, it was a violation of that persons human rights.
In response, European states did change tactics, but not to make matters better for asylum seekers. Instead, European states further outsourced the processing of asylum seekers to private actors, (like airlines) as well as regimes known for abusing such people.
Today, despite dozens ofreportsindicating that the Libyan Coast Guard returns migrants into detention camps where they are vulnerable to torture, rape, murder, and persecution, the EU continues tofundit as a method to control migration.
Despite lofty rhetoric from the current and former ICC prosecutors, there has been no meaningful action to bring perpetrators of crimes against migrants to account. Both Khan and Bensouda have suggested that their focus is on encouraging state cooperation. Getting states like the United Kingdom, Italy, and Libya to work together to disrupt trafficking networks is laudable. But it is not nearly enough. The proof of that is in the continued violation of asylum seeker rights.
It is time for the ICC to walk the walk by opening an investigation specifically into crimes committed against asylum seekers in Libya and the Mediterranean. While the Court is notthesolution to the wanton abuses perpetrated against people on the move, it should be part of one.Acting with courage might require standing up to powerful Western states, something that the current prosecutor appears hesitant to do. But the ICC must be more than just a body targeting weak states and Western enemies; it has a role to play in addressing the excesses of powerful states and protecting the most vulnerable. Nowhere is that more evident than in Libya and the Mediterranean, where crimes against asylum seekers are committed with wholesale impunity.
The views expressed in this article are the authors own and do not necessarily reflect Al Jazeeras editorial stance.
Excerpt from:
It is time for the ICC to address crimes against asylum seekers - Al Jazeera English
- Goals and Highlights: Libya 3-3 Cape Verde in African Qualifiers for the 2026 World Cup - VAVEL.com - October 9th, 2025 [October 9th, 2025]
- Eni re-enters Libya exploration well five years after drilling suspended - Upstream Online - October 9th, 2025 [October 9th, 2025]
- Al-Marash: Changing the government and addressing the security file is the key to breaking the deadlock in Libya - libyaupdate.com - October 9th, 2025 [October 9th, 2025]
- CBL announces that first Absolute Speculative Certificates of Deposit will be issued to banks from 12 October - Libya Herald - October 9th, 2025 [October 9th, 2025]
- "Decision-Making and Implementation Meeting: A Direct Dialogue between the Central Bank of Libya and the Private Sector" workshop to be held... - October 9th, 2025 [October 9th, 2025]
- Libya revives offshore oil exploration after five-year hiatus - The North Africa Post - October 9th, 2025 [October 9th, 2025]
- Italy's Eni resumes drilling in offshore area northwest of Libya after five year hiatus - Reuters - October 7th, 2025 [October 7th, 2025]
- Haftar pledges new chapter for Libya, vows to end division - The Arab Weekly - October 7th, 2025 [October 7th, 2025]
- Libya at decisive turning point - The Arab Weekly - October 7th, 2025 [October 7th, 2025]
- The British Telegraph: Western Libya is militia chaos and Benghazi is heading toward a new era with infrastructure and urban expansion -... - October 7th, 2025 [October 7th, 2025]
- Administrative Control Authority discusses cooperation with Turkey - The Libya Observer - October 7th, 2025 [October 7th, 2025]
- Eni resumes drilling in offshore area northwest of Libya - TradeArabia - October 7th, 2025 [October 7th, 2025]
- US, Italy, and Turkey alignment could push the needle in Libya - Atlantic Council - October 4th, 2025 [October 4th, 2025]
- ICJ Statement on Serious Human Rights Violations in Libya - The International Commission of Jurists - ICJ - October 4th, 2025 [October 4th, 2025]
- Tough Efforts to Unify the Libyan Military Institution: Can Al-Menfi Overcome the Division? - The Libya Observer - October 4th, 2025 [October 4th, 2025]
- Inter Milan & Atletico Madrid To Play Reconstruction Cup Friendly In Libya During International Break - Yahoo - October 4th, 2025 [October 4th, 2025]
- Libya welcomes US ceasefire initiative for Gaza - The Libya Observer - October 4th, 2025 [October 4th, 2025]
- Italy-Libya migration pact under scrutiny as bullets fly - Northeast Mississippi Daily Journal - October 4th, 2025 [October 4th, 2025]
- Libyas army chief calls for stronger Mediterranean cooperation against terrorism and trafficking - The Libya Observer - October 4th, 2025 [October 4th, 2025]
- Libya introduces new health requirements for workers wishing to enter the country - The Libya Observer - October 4th, 2025 [October 4th, 2025]
- Hannibal Gaddafi hospitalised in Beirut after health deterioration - The Libya Observer - October 4th, 2025 [October 4th, 2025]
- Bangladesh considers opening a consulate in Benghazi - The Libya Observer - October 4th, 2025 [October 4th, 2025]
- Libyan Industry Union signs MoU with Maghreb Bank for Investment and Foreign Trade BMICE to expand financing opportunities for Libyan industry - Libya... - October 4th, 2025 [October 4th, 2025]
- Peste des Petits Ruminants threatens Libya's livestock wealth... and a warning of an "insufficient" response - libyaupdate.com - October 4th, 2025 [October 4th, 2025]
- TAY OIL Services and Polaris commission a pioneering onshore seismic survey for AGOCO in Libya - Oilfield Technology - October 2nd, 2025 [October 2nd, 2025]
- Libyan FinTech NGO, FinOria, is organising a Hackathon from 15 to 17 November - Libya Herald - October 2nd, 2025 [October 2nd, 2025]
- The Ministry of Health and the World Bank meet to enhance cooperation on health projects and service development - Libya Herald - October 2nd, 2025 [October 2nd, 2025]
- NGO footage shows overcrowded dinghy and migrants in water off Libya - Yahoo News Canada - October 2nd, 2025 [October 2nd, 2025]
- Progress made in drafting a law on missing persons in Libya with UN support - libyaupdate.com - October 2nd, 2025 [October 2nd, 2025]
- The Political Fallout of European Migration Policy in Libya - Stiftung Wissenschaft und Politik (SWP) - September 30th, 2025 [September 30th, 2025]
- Libya - Welcome to the United Nations - September 30th, 2025 [September 30th, 2025]
- NGO footage shows overcrowded dinghy and migrants in water off Libya - Yahoo - September 30th, 2025 [September 30th, 2025]
- NGO footage shows overcrowded dinghy and migrants in water off Libya - AP News - September 30th, 2025 [September 30th, 2025]
- World Banks new Tripoli headquarters inspected in anticipation of the resumption of its work from Libya - Libya Herald - September 30th, 2025 [September 30th, 2025]
- 71 commercial vessels were received by the Julyana Free Zone Port in August - Libya Herald - September 30th, 2025 [September 30th, 2025]
- Over 1,000 Migrants Intercepted and Returned to Libya in One Week, IOM Reports - libyaupdate.com - September 30th, 2025 [September 30th, 2025]
- French ex-president Sarkozy sentenced to 5 years in prison in Libya campaign financing case - France 24 - September 28th, 2025 [September 28th, 2025]
- Libya's heroes win medals in the championship, and Ben Hamid dedicates the gold to his country - libyaupdate.com - September 28th, 2025 [September 28th, 2025]
- Former French President Sarkozy sentenced to 5 years over Libya campaign financing - Courthouse News - September 28th, 2025 [September 28th, 2025]
- Libyas PPP Company participates in the Libyan French Economic Forum held in southern France - Libya Herald - September 28th, 2025 [September 28th, 2025]
- 1,016 Libya-wide investment projects boost the economy by 101 billion dinars - Libya Herald - September 28th, 2025 [September 28th, 2025]
- Nicolas Sarkozy sentenced to five years in Libya campaign financing case - BBC - September 25th, 2025 [September 25th, 2025]
- Is Turkey Pulling a Seabed Heist with Libya? Malta Sounds the Alarm - Middle East Forum - September 25th, 2025 [September 25th, 2025]
- Ex-French President Sarkozy Gets 5 Years in Prison in Libya Corruption Case - Organized Crime and Corruption Reporting Project | OCCRP - September 25th, 2025 [September 25th, 2025]
- Nicolas Sarkozy sentenced to five years for criminal conspiracy over Libya funding - thecradle.co - September 25th, 2025 [September 25th, 2025]
- Key Lebanese-French accuser in Sarkozy Libya funding probe dies on eve of verdict - France 24 - September 25th, 2025 [September 25th, 2025]
- Former French president Sarkozy gets five-year prison term in Libya funding case - qazinform.com - September 25th, 2025 [September 25th, 2025]
- France's Sarkozy sentenced to five years in prison over Libya funding conspiracy - TRT Franais - September 25th, 2025 [September 25th, 2025]
- Paris court to rule on Sarkozy's alleged illegal campaign financing by Libya's Ghadafi government - Yahoo - September 25th, 2025 [September 25th, 2025]
- Former French President Sarkozy found guilty on key charge, acquitted of others in Libya case - 5 EYEWITNESS NEWS - September 25th, 2025 [September 25th, 2025]
- Sarkozy says he will sleep in prison, but with head held high following guilty verdict in Libya trial as it happened - The Guardian - September 25th, 2025 [September 25th, 2025]
- French ex-leader Sarkozy given five-year prison sentence in Libya case - Euronews.com - September 25th, 2025 [September 25th, 2025]
- Former French President Sarkozy convicted in Libya campaign financing case - Trkiye Today - September 25th, 2025 [September 25th, 2025]
- French ex-president Sarkozy says he is innocent in Libya trial, will appeal conviction - Yahoo News UK - September 25th, 2025 [September 25th, 2025]
- Paris court to rule on Sarkozy's alleged illegal campaign financing by Libya's Ghadafi government - Newsday - September 25th, 2025 [September 25th, 2025]
- Former French President Sarkozy sentenced to five years in prison for Libya case - Gazeta Express - September 25th, 2025 [September 25th, 2025]
- Sarkozy found guilty of conspiracy but cleared of graft in 'Libya cash trial' - Yahoo News UK - September 25th, 2025 [September 25th, 2025]
- UAE Freezes Visas For Uganda, Libya, Sudan, Somalia, Cameroon And More Amid Heightened Security Threats And Strategic Immigration Reforms: What You... - September 25th, 2025 [September 25th, 2025]
- Sarkozy Sentenced to Five Years in Libya Campaign Financing Case - Kbrs Postas - September 25th, 2025 [September 25th, 2025]
- Former French president Nicolas Sarkozy sentenced to five years in jail for criminal conspiracy in Libya case - Yahoo News UK - September 25th, 2025 [September 25th, 2025]
- Moroccan Consulate requests an extension of the deadline to regularize the status of Moroccan students in Libya - libyaupdate.com - September 25th, 2025 [September 25th, 2025]
- Libya hosts an international conference to discuss solutions for digital violence against women - libyaupdate.com - September 23rd, 2025 [September 23rd, 2025]
- Greece Will Discuss Seas Exclusive Economic Zones With Libya - The National Herald - September 23rd, 2025 [September 23rd, 2025]
- Tripoli Chamber hosts Libya Tunisia B2B meeting in the fields of construction and contracting - Libya Herald - September 23rd, 2025 [September 23rd, 2025]
- Air Albania crisis, the "African" plane is painted red and black after the lessor blocked two "Airbuses": The route from Libya to... - September 23rd, 2025 [September 23rd, 2025]
- Libya on table of talks between Greece and Turkey - The Libya Observer - September 23rd, 2025 [September 23rd, 2025]
- Libya, Turkey advance talks to settle pre-2011 contracts and boost economic ties - The North Africa Post - September 23rd, 2025 [September 23rd, 2025]
- Boat That Sank Off Libya, Killing at Least 50 Migrants, Was Headed to Greece, IOM Says - The National Herald - September 23rd, 2025 [September 23rd, 2025]
- Greek PM Highlights Start of Talks With Libya Over EEZ - tovima.com - September 23rd, 2025 [September 23rd, 2025]
- Greece and Libya Begin Talks on Exclusive Economic Zone Demarcation - GreekReporter.com - September 21st, 2025 [September 21st, 2025]
- The UN roadmap towards stability in Libya - The Arab Weekly - September 21st, 2025 [September 21st, 2025]
- Libya Export Development Authority launches initiative to support olive oil exporters with storage tanks of international specifications - Libya... - September 21st, 2025 [September 21st, 2025]
- Libya takes a step forward on energy transition with the launch of the minimum energy performance standards (MEPS) and labels programme - UNDP - September 21st, 2025 [September 21st, 2025]
- Libya and Turkey discuss settling pre 2011 construction contracts, follow up on 2024-25 contracts and on programme for resuming stalled projects -... - September 21st, 2025 [September 21st, 2025]
- Rescue ship shooting: Where is the EUs red line with Libya? - openDemocracy - September 19th, 2025 [September 19th, 2025]
- More than 100 Sudanese refugees dead or missing in shipwrecks off Libya - RFI - September 19th, 2025 [September 19th, 2025]
- The Real Solution Is To End the War in Sudan: UNHCR on Deadly Libya Shipwreck - The Media Line - September 19th, 2025 [September 19th, 2025]
- BBC: Abu Agila al-Marimi recounts being kidnapped and forced to make false confessions in Libya - libyaupdate.com - September 19th, 2025 [September 19th, 2025]
- Libya is more than a country that nobody claimed | Mustafa Fetouri | AW - The Arab Weekly - September 17th, 2025 [September 17th, 2025]
- Head of the Misrata Movement: Irregular migrants are changing Libya's demographics and threatening its security - libyaupdate.com - September 17th, 2025 [September 17th, 2025]