BEIRUT, Lebanon, June 2, 2025/APO Group/ --
- Libya’s fragmented justice sector is marred by serious due process violations and laws that violate international norms. The judiciary is unwilling and unable to meaningfully investigate serious crimes.
- Violations of the magnitude and persistence documented in Libya reflect the chronic shortcomings of Libya’s judicial institutions. Tackling structural institutional dysfunction, including within the judiciary, is a prerequisite to overcoming impunity.
- Libya should pursue comprehensive reform, respect fair trial standards and due process rights, assume control over all detention facilities, release all those held arbitrarily, end military trial of civilians, and arrest and surrender suspects wanted by the International Criminal Court.
Libya’s fragmented justice sector is suppressing fundamental freedoms and obstructing accountability for abuses, Human Rights Watch said in a report released today. Libyan authorities should urgently pursue sweeping judicial overhaul, reform repressive legislation, and arrest and surrender suspects on its territory wanted by the International Criminal Court (ICC).

A member of the Libyan judicial police guards detainees at a Misrata prison, Misrata, Libya, April 27, 2022. © 2022 Sipa via AP Images
The 39-page report, “Injustice By Design: Need for Comprehensive Justice Reform in Libya,” documents how outdated and repressive legislation, lack of fair trial rights, and rampant due process violations urgently need reform. Unsafe conditions for judicial staff, abusive military trials of civilians, and inhumane conditions in prisons compound abuses and entrench impunity.
“By failing to address long-standing judicial reform needs, Libyan authorities are turning their back on justice and letting impunity prevail,” said Hanan Salah, associate Middle East and North Africa director at Human Rights Watch. “Recent deadly militia clashes in the capital, Tripoli, and the lack of adequate justice mechanisms to address abuses and violations should be a wake-up call for urgent reform.”
Libya’s tumultuous political transition remains stalled as two rival entities compete for control of territory and resources amid rising repression and armed confrontations. The Tripoli-based Government of National Unity (GNU) together with affiliated armed groups and security agencies control most of western Libya, while the Libyan Arab Armed Forces, their affiliated security apparatuses, and an administrative entity control eastern and southern Libya. The Presidential Council operates out of Tripoli and is backed by armed groups.
Recent violence and the discovery of a new mass grave underscore the need for judicial accountability, Human Rights Watch said. Heavy fighting between armed groups and quasi-state forces in the Libyan capital between May 12-14, 2025, resulted in civilian casualties and the destruction of homes and cars. After the clashes, GNU authorities said they discovered 53 unidentified bodies in a hospital morgue and a previously unknown unmarked grave site containing at least nine unidentified bodies of men and women.
Human Rights Watch found that Libya’s justice sector is marked by fragmentation and deep political polarization. The judiciary is unwilling and unable to conduct meaningful investigations into serious violations and international crimes.
Key judicial institutions, including the Ministry of Justice, the Supreme Judicial Council, the Supreme Court, and the Prosecutor General’s Office, are in deep conflict. A newly established Supreme Constitutional Court in Benghazi may compete with the Supreme Court in Tripoli, risking a constitutional crisis and conflicting rulings.
Libya’s penal code and related legislation are outdated, do not address international crimes, and require comprehensive reform to bring them in line with its international human rights obligations. Domestic legislation includes repressive and abusive provisions from the era of former leader Muammar Gaddafi, including laws providing for the death penalty, lashings, and amputation of limbs. Many laws issued since 2011 limit freedoms and contravene international law.
Fair trial and due process rights are not respected in Libya. Military courts in the east and west continue to prosecute civilians under the guise of “terrorism” related crimes. Lawyers face barriers to meeting with clients, a lack of notice around hearing schedules, and a lack of access to court documents. Video hearings are increasingly common and undermine detainees’ rights when used exclusively.
Both Libyans and non-Libyans are routinely held in long-term arbitrary detention. Armed groups and quasi-state forces control detention facilities notorious for inhumane conditions for migrants, asylum seekers, and Libyan nationals alike. They do not always comply with release orders and court summonses of detainees. Torture, ill-treatment, and overcrowding are rampant and well-documented.
Legal professionals, defendants, and witnesses in Libya have faced attacks, intimidation, and harassment as the authorities do not provide them with adequate physical protection.
The United Nations Security Council referred the situation in Libya to the ICC prosecutor in 2011 and the Office of the Prosecutor opened an investigation into serious international crimes committed in Libya since February 15, 2011. Eight people subject to public ICC arrest warrants remain at large.
Libyan authorities should cooperate with the ICC, including by promptly arresting and surrendering to the court everyone on Libyan territory subject to ICC arrest warrants, such as Saif al-Islam Gaddafi and Osama Elmasry Njeem, both wanted for war crimes and crimes against humanity.
In November 2023, the ICC prosecutor announced that his office planned “to complete investigative activities” in the Libya situation by the end of 2025. On May 12, 2025, the Libyan government submitted a declaration to the ICC accepting the court’s jurisdiction over alleged crimes committed in Libya from 2011 to the end of 2027. The Office of the Prosecutor should reassess the time frame for completion to ensure the adequate delivery of its mandate. The office should also engage with Libyan authorities to strengthen the domestic criminal justice system by addressing structural deficiencies, Human Rights Watch said.
International law requires states to provide a fair hearing before a legally constituted, competent, independent, and impartial judicial body, a trial without undue delay, and a right to appeal to a higher judicial body. Defendants must be granted full access to a lawyer, adequate time to prepare their defense, and the ability to challenge evidence and arguments against them.
Detention is subject to strict due process and authorities must promptly charge or release a person, promptly present them before a judge to rule on the legality of detention, and provide regular opportunities to challenge the lawfulness of detention. Trying civilians in military courts is incompatible with the right to a fair trial under international human rights law.
Libyan authorities should repeal all laws that violate international law and Libya’s Constitutional Declaration. They should lay the groundwork for comprehensive legislative reform in consultation with legal scholars and domestic and international civic groups, amend the penal code to criminalize grave international crimes, ensure fair trial standards and due process rights, assume genuine control over all detention facilities, ensure humane treatment of detainees, release all those held in arbitrary detention, and end military trials of civilians.
“Violations of the magnitude and persistence we are documenting in Libya do not occur in a vacuum, but rather reflect the chronic shortcomings of Libya’s judicial institutions,” Salah said. “Tackling the structural institutional dysfunction, including within the judiciary, is a prerequisite to overcoming impunity.”
Distributed by APO Group on behalf of Human Rights Watch (HRW).
African leaders have no business to interfere in the failed Somalia whose weak SFG is
trying to come into grips within the daunting challenges of the most troubled explosive
violatile conflicting confrontations within the ranks and files of the roadmap Signatories.
Instead of Uganda, the AU HQs in addis Ababa should resolve the disputed Somalia Cities
in good pan AU faith and spirit. It's high time that the AU should adopt non-intereferences of
each others internal affairs. Behaving like animalistic behavors would never ever bring
breakthrough progress in the Dark Continent without unpolarized civility! and respecting each
others internal affairs. If the SFG is incapable of acting like a Sovereign State to be respected
as such by the AU, Igad and beyond, then the SFG should immediately resign and pave the way
for a better SFG that has real good teeth. There's no need for the SFG to be ridiculed like useless pawns under captivity. In other words leashed and shackled without powers to act??? To start with,
the KDF should leave Somalia Soil immediately.
Cheers.
Why go all the way to Kampala? couldn't he just went to Kismayo and met Sheikh Madobe? Is Yoweri Museveni the president of Somalia?
Somalia is doomed to a failure because of the leadership of the Aggaal morons who seek a new Somalia which is centralised.
The morons Abgaal have already started the flames of internal conflict among the tribes in Kismayo and tampering with the Somalia constitution which led Puntland to breaks ties. http://www.garoweonline.com/artman2/publish/Somal…
Note Hasan shaikh mohamud came to power a year ago on 10 Sep 2012 he hasn't yet liberated one city from Al shabaab in fact he lost the capital of bakool Hudur to al shabaab after Ethiopian troops pulled out of the town and Mogadishu which was peace and safe under former president sheikh sharif sheik ahmed is getting worse every day.
Hasan shaikh mohamud spent a whole year tampering with the Somalia constitution, inciting trouble, between two brotherly clan(Ogaden and Marhan).
Hassan Sheikh Mohamed must resign urgently because he failed to bring peace to Southern Somalia and has refused to abide the Somali constitution as adopted on August 1, 2012.
@PIS,
have you read the latest final Communique? IMO Hassan Sheikh Mohamoud is upto
something that would disappoint both Sheikh Madobe and Faroole. Changing the
Consitution and new centralized Somalia are parts of good governance. The FGS
President has strong PM and FM/DPM and the backings of R.J(wayn, DIR and other
miniorities as well as Somaliland backing him(HSM). Hargeisa and Mogadiscio Govts
Turkey III round talks in october 2013 is not far off. Already you are aware that Hargeisa and
Mogadiscio are fully committed cooperating on many areas including National Security issues
of both elephant powers. Against such strong tidal wavelength, how do you insinuate that
Garowe or Jubaland proxies could steal the show to their credibilities???
Cheers.
This is a good news for all peace loving people and if they would not hand over Kismayo to Somali goverment, it is obvious that Kismayo was about to be the main base of Ogaden Liberation Front which is intendded to destablise not only for Ethiopia but also in the entire region.
We Somalilanders are pleased to hear this news due to its risk and safey connotations.
@Awdally boy
Listen you gadaabuursi nomad Kismayo rightful owners AKA Oagdens are back in town and Abgaal moron from Mogadishu can change that or disrupt the peace in Jubaland.
correction: can't change
You so called dumb Butiland, gadaboursi are not nomads. Majority are urban people and farmers.
Hassan Mahmoud went to Kampala to beg more Africa troops to free kismanyo from Kenya?
Is this what it means to be Somali?
Hassan Mahmoud has been confined in villa mooryan as he is the besieged mayor of Ugandishu, actually allow me to correct my self Mr. Mahmoud is the besieged mayor of villa mooryan as he doesn't even control the city of Ugandisu. So therefor he has developed a mental disorder due to his restricted confinement. Which probably effects his judgment.
Somalia long became a testing site for foreign troops, consequently, it's citizens have become stationary targets to check out the efficiency and lethality of the modern arsenals…
@mohamed cheers
what day is Laylat al-Qadr?
@PIS,
You tell us jerk. Go away.
Cheers.
The people of Kismanyo should be able to choose their own leaders. These so called african leaders dont want real peace in Somalia just a puppet they can tell what to do.
Good News to deny the ONLF a base to wage war against peace loving people of Somaliland and Ethiopia. For sure the next victim will be Faroole.
So let him put his ear to the ground.
The African Countries must be kidding, what Somali troops should take over the port and the airport? There are no Somali troops, but clan militia. The Daarood in Kismayo will not let Mooriyaan take over the port period, the reality on the ground will speak for itself. I guess Raaskaambooni militia will wear different uniform and call itself Somali army. They Raskambooni will be better to guard the airport and the port since Mooriyaans can sell everything they come across,
Different interests collided in Somalia but the Somalian people are failing to identify their interest within this multitude of interests. Foreign troops where necessary to create the space for a process of reconciliation and peace but by failing to identify their interest, the Somalian politicians failed to manage the interests of others.
Somalis in South if they understand What is there Interest they will reach a effective Solution to there Country. So African Troops (Amisom) deployment is there Peace Interest .but what is the Interest for the South Somalia .??? Why Amisom not deploy Troops in Somaliland when CLAN FIGHTING WAS ACTIVE ??? Long life to SOMALILAN CLAN ELDERS WHO HAVE Made enormous sacrifices toward Peace and stability.While they put all effort to root out clan fighting behavior.with the help of god they settled all difference between the Somaliland Clans. and they are high high position of peace and stability. OUR HOLY INTEREST IS ABOVE EVERY BARRIER.
BYE SOUTH SOMALIA NEVER BE BACK TO NORMAL GOVT UNTIL YOU REALIZE THAT INTEREST IS ABOVE THE SKY.
BYE NORTH SOMALIA GOD ONLY CAN LEAD YOU WERE TO FIND YOUR INTEREST//////???????
BYE.
Abyan London