Background
On 21 November 1949, the United Nations General Assembly passed Resolution 289 V, calling for the unification and independence of Libya by 1 January 1952. The resolution comprised of a transitional period involving the United Nations Commissioner and the Council of Ten, including one representative from each province, one representative for Libyan minorities, and one representative from Egypt, France, Italy, Pakistan, Great Britain, and the United States, to guide Libya through the administrative transition and draw up a new constitution.[1] In October 1951 a new constitution was drafted, and on 24 December 1951, Libya gained its independence from joint Franco-British occupation under the leadership of King Idris al-Mahdi as-Senussi.
On 19 February 1952, the country had its first general elections, but they were interrupted by street demonstrations protesting election irregularities. King Idris banned all political parties and, in 1956, appointed his nephew Hasan al-Rida as heir to the throne. In 1959, crude oil was discovered in the northern Sahara, improving the country’s economic power. It also led to political competition, with the oil wealth concentrated in the hands of King Idris and members of the national elite. Rumours of corruption, collusion with former colonial actors, Britain, France, and the US, and political suppression of political parties and opposition forces led to a nationalist insurrection movement involving students, the military, and journalists.[2]
On 1 September 1969, Muammar Abu Minyar al-Qaddafi and a group of young Libyan army officers ‘Free Officers’ launched a bloodless military coup against King Idris.[3] Qaddafi pushed the political ideology, Jamahiriya, ‘a state for the masses,’ initiating significant reforms to the oil economy and implementing free education and health care for all citizens.[4] By the end of the 1970s, Qaddafi’s domestic and international reputation declined. In his 42 years of leadership, the country witnessed brutal human rights violations, the misappropriation of national resources, erosion of state institutions, suppression of political parties, disregard for the rule of law, and support of known terrorist organisations.
In early 2011, relatively peaceful anti-government and pro-democracy demonstrations erupted across the Middle East and North Africa in what became the Arab Spring. In Libya, protests in Benghazi city called for the release of political prisoners and Qaddafi’s resignation, but the government responded by opening fire on protesters. The conflict resulted in significant human rights violations, including the indiscriminate shelling of civilian areas, the arrest and detention of thousands of protestors, and sexual violence. Qaddafi’s actions drew international backlash, with the United Nations Security Council freezing his assets and the International Criminal Court (ICC) conducting investigations into war crimes committed by his regime.[5] The North Atlantic Treaty Organisation (NATO) forces joined the conflict and allied with the National Transitional Council (NTC), a coalition of rebel forces against Qaddafi.
On 20 October 2011, Misrata-based anti-Qaddafi militias captured and killed Qaddafi and many of his associates.[6] The lack of a strong central government and effective state institutions led to multiple armed groups attempting to fill the gap, resulting in another civil war.[7] The leading armed groups were the Government of National Accord (GNA) in Tripoli, the capital city, and the Libyan National Army (LNA), led by General Khalifa Haftar in Benghazi. In July 2012, the NTC organised and supervised the democratic elections for a 200-member General National Congress to replace the NTC. In May 2013, with the parliamentary elections slowly approaching, armed groups attacked government buildings in Tripoli to call for greater scrutiny of Qaddafi-era officials.[8] Parliament passed the political isolation law banning Qaddafi-era officials from public office, but it was revoked in 2015.[9]
Since 2019, General Haftar has led an offensive against Tripoli involving human rights violations, including abduction, murder, enforced disappearance, and torture.[10] Nearly 200,000 civilians have been internally displaced, while many more migrants and refugees have been arbitrarily detained and subject to forced labour.[11] On 23 October 2020, the civil war ended with a permanent ceasefire agreement in all areas of Libya. The ceasefire required all foreign fighters to leave Libya within three months, and joint police patrolled disputed areas. On 10 March 2021, an interim Government of National Unity (GNU) was established until an election could be held in December 2021.[12] The lack of political will among rival factions has since postponed elections indefinitely. In 2023, fighting erupted across the country, causing political instability.
International Commission of Inquiry on Libya
On 25 February 2011, the United Nations Human Rights Council established the International Commission of Inquiry on Libya. The commission was tasked with investigating alleged international human rights law violations, the facts and circumstances of the committed violations, and, where possible, identifying those responsible and ensuring that individuals are held accountable.[13]
The commission met with the government of the Libyan Arab Jamahiriya and the NTC members, civil society, 113 doctors, other medical staff, patients, and their families. The commission reviewed allegations of human rights violations, including excessive force, extrajudicial killings, disappearances, arbitrary arrests, torture, interferences with freedom of expression, sexual violence, violent attacks against civilians, attacks on migrant workers, use of mercenaries, use of child soldiers and prohibited weapons, and deliberate attacks on infrastructure.[14]
On 1 June 2011, the commission released a report confirming that the Libyan government forces committed grave human rights violations. It also highlighted the deficiency of accountability mechanisms in Libya, noting that Libya’s criminal code does not adequately define international crimes and provides a 10-year statutory limitation. Although the statutory limitation provision was repealed in 1998, it does not apply retroactively, meaning those responsible for human rights violations before 1998 under the Qaddafi regime cannot be prosecuted.
National Council for Civil Liberties and Human Rights
On 29 November 2011, the NTC passed Law No. 5/2011, establishing the National Council for Civil Liberties and Human Rights (NCCLHR).[15] The NCCLHR is an independent national human rights institution mandated to promote the protection of civil liberties and human rights, entrench human rights values and standards, promote awareness of and contribute to the practice of monitoring and deterring civil liberties and human rights violations, and encourage and support civil society organisations protecting these values. The NCCLHR receives complaints on human rights violations and initiates legal proceedings in court. However, because of the persistent eruption of conflict and instability, the NCCLHR is not functioning.
National Fact-Finding and Reconciliation Commission
In 2013, the NTC adopted Law No.29 on Transitional Justice, which, within its provisions, established the National Fact-Finding and Reconciliation Commission (FFRC). The FFRC was tasked with investigating incidences of human rights violations committed over 42 years, establishing a victims’ compensation fund, and offering proposals on the disarmament, demobilisation, and integration of anti-Qaddafi fighters. The FFRC was never fully established because of the escalation of the 2014 conflict.
Since 2014, the Libyan Transitional Justice process has effectively stalled. However, discussions have restarted due to renewed political negotiations beginning in 2020. In November 2020, the Libyan Political Dialogue Forum (LPDF) established a Roadmap for the Preparatory Phase of a Comprehensive Solution with the objective of a comprehensive national reconciliation and transitional justice process that promotes a culture of amnesty, tolerance, truth-seeking, and reparation.[16] The LPDF initiated a process of national and social reconciliation to address enforced disappearances, arbitrary detentions, the return of internally displaced persons, and reparations. In April 2021, the Presidency Council formed a High Commission on National Reconciliation, and as of January 2025, Libya’s House of Representatives approved the National Reconciliation Law.[17]
Amnesty
On 2 May 2012, the NTC passed laws that granted blanket amnesty to those responsible for human rights abuses if their actions were aimed at promoting or protecting the revolution against Qaddafi.[18] Law 38, On Some Procedures for the Transitional Period, states that there will be no penalty for military or civil actions of the February 17 Revolution that revolutionaries performed to “promote or protect the revolution.”[19] The NTC also passed Law 35, Granting Amnesty for Some Crimes, including murder and forced displacement, but excluding rape and torture. These amnesty laws only protected individuals who fought against the regime and not Qaddafi supporters.
Gender
During conflict, armed groups, family members, and non-state actors perpetrated sexual and gender-based violence against women and girls. Also, existing discriminatory laws put many women and girls at higher risk of sexual and gender-based violence.[20] In a predominantly conservative society, an act of sexual violence against a Libyan woman is considered an attack on the dignity of the family and the tribal group to which she belongs. Aware of the social stigma surrounding rape, Qaddafi’s security forces used rape and other sexual violent acts as a weapon of war against the opposition.[21] Rape and sexual violence were also used as a retaliation tactic by rebel groups against the Qaddafi regime. In response, members of the General National Congress proposed a bill to establish rape in armed conflict as a war crime.[22]
Many are discontent with the post-Qaddafi transitional justice framework, claiming it enshrines women’s exclusion, especially Law No. 29 of 2013.[23] Women’s exclusion from decision-making continues to perpetuate harmful gender stereotypes and outdated patriarchal misconceptions. The granted blanket immunity has entrenched a culture of impunity, and the transitional justice framework established in 2013 fails to ensure that this immunity does not apply to crimes under international law, including rape and other forms of sexual violence. Libya’s transitional justice process must be gender-responsive, ensuring women are a part of the design and implementation.
International Involvement
Amid the 2011 civil war, United Nations Resolution 1973 was passed, establishing a no-fly zone in Libyan air space to disable the indiscriminate use of helicopter gunships and missiles by Qaddafi forces against civilians. From March to October 2011, NATO aircraft performed air raids, targeting communication and command centres used by Qaddafi to coordinate his armed forces, along with other military strongholds. In 2011, the ICC issued a warrant of arrest for Saif al-Islam Qaddafi.[24] Saif al-Islam was captured by a rebel militia later that year. In 2015, a Libyan court sentenced him to death for his crimes in absentia. Saif al-Islam was released in 2017 and remains at large. In 2020, the ICC confirmed the admissibility of the case against him.
On 19 January 2020, nearly 20 countries, including Algeria, China, Egypt, France, and Britain, as well as representatives of international organisations such as the United Nations (UN), African Union (AU), European Union (EU), and the League of Arab States, participated in the Berlin Conference on Libya.[25] The conference mandated the UN Support Mission in Libya (UNSMIL) to assist the Libyan authorities in seeking transitional justice and national reconciliation. UNSMIL has been a key player, providing technical assistance and advocating for accountability, reconciliation, and institutional reform. Foreign governments and international organisations have supported efforts to document human rights violations and strengthen Libya’s legal framework for justice and reconciliation. However, international involvement is inconsistent, with geopolitical interests and security concerns often overshadowing efforts to promote a comprehensive transitional justice process.
Notes
[1] Carole Collins, ‘Imperialism and revolution in Libya,’ MERIP Reports, No. 27 (1974).
[2] Dirk Vandewalle, ‘Libya’s revolution revisited,’ MERIP Reports, No. 143 (1986).
[3] Tarik Kafala, ‘Gaddafi’s quixotic and brutal rule,’ October 20, 2011, https://www.bbc.com/news/world-africa-12532929
[4] Sally Totman & Mat Hardy, ‘When Good Dictators Go Bad: Examining the ‘Transformation of Colonel Gaddafi,’ International Journal of Interdisciplinary Global Studies, Vol. 10, No. 2 (2015).
[5] John Liolos, ‘Justice for Tyrants: International Criminal Court warrants for Gaddafi regime crimes,’ Boston College Comparative Law Review, Vol. 35, No. 2 (2012).
[6] Peter Bouckaert, ’Death of a Dictator,’ October 16, 2012, https://www.hrw.org/report/2012/10/16/death-dictator/bloody-vengeance-sirte
[7] International Center for Transitional Justice, ‘Libya,’ n.d., https://www.ictj.org/where-we-work/libya
[8] Sari Arraf, ‘Libya: A short guide on the conflict’, June 29, 2017, https://www.geneva-academy.ch/news/detail/61-libya-a-short-guide-to-the-conflict
[9] Al Jazeera, ‘Libya bans ex-Gaddafi officials from office,’ May 5, 2013, https://www.aljazeera.com/news/2013/5/5/libya-bans-ex-gaddafi-officials-from-office
[10] International Commission on Missing Persons, ‘Assessment of the scope of the missing persons’ problem in Libya, including an overview on Libya’s institutional, legal, and technical capacities to find missing persons,’ April, 2021, https://icmp.int/wp-content/uploads/2022/03/LibyaReportEnglish-V2.pdf
[11] Amnesty International, ‘Human rights in Libya,’ 2023, https://www.amnesty.org/en/location/middle-east-and-north-africa/north-africa/libya/report-libya/
[12] Center for Preventive Action, ‘Civil conflict in Libya,’ July 15, 2024, https://www.cfr.org/global-conflict-tracker/conflict/civil-war-libya
[13] Human Rights Council, ‘Report of the International Commission of Inquiry to investigate all alleged violations of international human rights law in the Libyan Arab Jamahiriya A/HRC/17/44,’ June 1, 2011, https://www.ohchr.org/sites/default/files/english/bodies/hrcouncil/docs/17session/A.HRC.17.44_AUV.pdf
[14] OHCHR, ‘International Commission of Inquiry to Investigate Human Rights Violations in Libya Releases Report,’ June 1, 2011, https://www.ohchr.org/en/press-releases/2011/06/international-commission-inquiry-investigate-human-rights-violations-libya
[15] State of Libya, ‘National Council for Civil Liberties and Human Rights (NCCLHR),’ Universal Periodic Review Submission 22nd Session, April-May, 2015, https://upr-info.org/sites/default/files/documents/2015-04/ncclhr_upr22_lby_e_main.pdf
[16] Libyan Political Dialogue Forum, ‘Roadmap for the Preparatory Phase of a Comprehensive Solution,’ November 15, 2020, https://unsmil.unmissions.org/sites/default/files/lpdf_-_roadmap_final_eng_0.pdf
[17] Ahmed Elumami, ‘Libya’s eastern parliament approves transitional justice law in unity move,’ January 8, 2025, https://www.reuters.com/world/africa/libyas-eastern-parliament-approves-transitional-justice-law-unity-move-mps-say-2025-01-08/
[18] Human Rights Watch, ‘Libya: amend new special procedures law,’ May 11, 2012, https://www.hrw.org/news/2012/05/11/libya-amend-new-special-procedures-law
[19] Ibid.
[20] Elham Manea, ‘Transitional Justice and the Arab Spring from a Gender Perspective,’ In Transitional Justice and the Arab Spring, ed. Kirsten J. Fisher and Robert Stewart, Routledge, London (2014).
[21] Cécile Allegra, ‘Revealed: Male Rape Used Systematically in Libya as Instrument of War,’ November 3, 2017, https://www.theguardian.com/world/2017/nov/03/revealed-male-used-systematically-in-libya-as-instrument-of-war
[22] Global Justice Center, ‘A step forward in Libya: Treating rape as a war crime,’ June 22, 2016, https://www.globaljusticecenter.net/a-step-forward-in-libya-treating-rape-as-a-war-crime/
[23] International Commission of Jurists, ‘Gender-responsive transitional justice in Libya,’ March, 2022, https://www.icj.org/resource/libya-transitional-justice-must-be-inclusive-and-gender-responsive/
[24] International Criminal Court (ICC), ‘The Prosecutor v. Saif Al-Islam Gaddafi, No. ICC-01/11-01/11,’ June 27, 2011, https://www.icc-cpi.int/sites/default/files/2022-08/GaddafiEng.pdf
[25] Relief Web, ‘The Berlin Conference on Libya: Conference Conclusions,’ January 19, 2020, https://reliefweb.int/report/libya/berlin-conference-libya-conference-conclusions-19-january-2020