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File: Hundreds of thousands of Africans continue to flee to Italy and Europe, via Libya, and thousands drown. Photo: REUTERS/Marta Soszynska/MSF/ Handout via Reuters

JOHANNESBURG A memorandum of understanding signed between Italy and Libya in February to stem the tide of illegal migrants fleeing to Italy from Africa, using Libya as a point of departure, has been blocked by a Tripoli court.

The case against the deal, which was signed by Libyas Presidency Council chief, Fayez Serraj, was brought before the court by six individuals, including former justice minister, Salah Al Marchani, the Libya Herald reported on Wednesday.

The petition disputed Serraj and the Presidency Council's right to sign such a deal on behalf of Libyas UN-backed, and internationally recognised, Government of National Accord (GNA).

This is, because according to the Libyan Political Agreement, until it is approved by the House of Representatives, the GNA, along with the State Council, has no legal standing.

Hundreds of thousands of Africans continue to flee to Italy and Europe, via Libya, taking dangerous journeys in rickety boats run by ruthless people smugglers.

READ:3,000 migrants rescued off Libya: Italy coastguard

Thousands have drowned before reaching Europe due to overcrowding and treacherous weather conditions, while thousands more have been rescued by the Italian coast guard.

Europes bid to limit the flood of refugees included the Italians signing the agreement with the Libyans ahead of an expected surge in refugees during the northern hemispheres spring.

However, the controversial deal involves forcibly returning the migrants to camps in Libya where there have been widespread reports of abuse of the migrants by Libyan militia.

The court ruling by Tripolis Appeals Court has blocked any further negotiations and it is unclear how this will affect Libyas relationship with the Europeans, the Italians in particular.

Shortly after the memorandum of understanding was signed, the EU held an emergency summit in Malta on migration and agreed to donate $215-million to reinforce Libyas coastguard and improve the appalling conditions in Libyan detention centres.

Despite these developments, Serraj arrived at this weeks Rome conference on migration with a shopping list of hundreds of millions of dollars worth of equipment, including patrol vessels, vehicles and communications equipment, that Libya wants to fight illegal migration.

Meanwhile, in the east of the country, the commander-in-chief of the Libyan National Army, Khalifa Haftar, has ordered the release of families of members of the Benghazi Defence Brigades (BDB) after the army succeeded in routing the militants from Benghazi after they had temporarily taken control of several oil terminals and ports.

READ:Libya general's forces linked to war crimes

Haftar ordered their release after footage of soldiers summarily executing BDB prisoners and parading their decomposing corpses, exhumed from a number of graves, made regional and international headlines, sparking outrage.

The Libyan National Army subsequently stated that those found guilty of war crimes would be arrested and prosecuted.

African News Agency

20 March 2017

Just this past weekend more than 3,300 people were rescued from unseaworthy vessels off the north African country.

03 February 2017

Prime Minister Fayez al-Seraj flew to Rome from Brussels on the eve of an EU summit in Malta to sign a memorandum of understanding with Italian Prime Minister Paolo Gentiloni.

09 January 2017

More than half a million migrants have arrived on Italy's southern shores in the past three years, many packed into boats by traffickers based in Libya.

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Libyan court blocks refugee deal with Italians - eNCA