Statement by the Co-Chairs of the International Humanitarian Law and Human Rights Working Group of the International Follow-up Committee on Libya of the Berlin Process

17 May 2025

Statement by the Co-Chairs of the International Humanitarian Law and Human Rights Working Group of the International Follow-up Committee on Libya of the Berlin Process

Armed Clashes in Tripoli Highlight Failure to Protect Civilians and Respect their Fundamental Freedoms

 

Tripoli, 16 May 2025 - The Co-chairs of the International Humanitarian Law and Human Rights Working Group of the Berlin Process - the Netherlands, Switzerland, and UNSMIL – are alarmed by the recent escalation of violence in Tripoli, which resulted in civilian deaths and injuries, damage to homes and protected infrastructure, and led to the violent suppression of protestors.

The killing and injuring of civilians during fighting in densely populated areas of Tripoli represents a clear failure by all parties to adhere to their obligations under international humanitarian law to protect civilians at all times. Shelling and gunfire that struck homes in residential neighbourhoods and damaged hospitals further highlights the impact of the clashes on civilian infrastructure. “Parties must take measures to protect civilians and civilian objects with hospitals granted special protection” stressed the Co-chairs.

The Co-chairs are particularly alarmed by reports that live ammunition was used by security actors to repel protesters, when hundreds took to the streets of Tripoli demanding political change and the withdrawal of armed groups from the city. “All Libyans must be guaranteed their rights to freedom of expression and peaceful assembly without fear of retaliation,” stressed the Co-chairs, calling on authorities to conduct independent investigations into the violent repression, which violates Libya’s obligations under the International Covenant on Civil and Political Rights, and to hold perpetrators to account. An environment that safeguards civic space is essential to protecting human rights and fundamental freedoms. It enables inclusive political participation and will serve to advance Libya’s political transition based on free and open dialogue.

The Co-chairs took also note of reports that armed actors have taken control of detention facilities. In a context marked by widespread and systematic arbitrary detention, torture and ill-treatment, it is paramount that detainees’ rights are protected, they are treated humanely, and that all evidence for national and international accountability efforts is preserved, including records found in detention sites. Justice for victims, survivors, and their families must be a shared priority,” stressed the Co-chairs.

In that light, the Co-chairs welcome Libya’s acceptance of the International Criminal Court’s jurisdiction with respect to alleged crimes in its territory from 2011 to the end of 2027. And call all Libyan authorities to cooperate fully with the Court, including on outstanding arrest warrants.

Institutional reform is urgently needed and must be a national priority to uphold human rights and the rule of law. “It must strengthen oversight, ensure accountability, and prevent impunity,” the Co-chairs stressed, reiterating their commitment to support all efforts that safeguard human rights, promote justice, and reinforce the rule of law.