ICC Terminates Case Against Al-Tuhamy Khaled Following his Death

14-09-2022

Ryan Haigh

International Justice and Human Rights Researcher

Global Human Rights Defence

On 7 September 2022, ICC Pre-trail Chamber officially closed the case against Al-Tuhumy Khaled. [1] This action follows the Office of the Prosecutor’s notification to the Court of Al-Tuhumy’s passing on 12 February 2021 due to COVID-19-related complications.  This concludes the prolonged challenges suffered by the Office of the Prosecutor in bringing Al-Tuhumany to justice.  Warrants for his arrest were issued on 18 April  2013.  Al-Tuhumany escaped being taken into custody and brought to the Hague for trial for approximately eight years. 

Al-Tuhamy was a former Lieutenant General of the Libyan army and head of the Libyan Internal Security Agency, known as the ISA during Muammar Gaddafi’s regime.  Al-Tuhumany was charged with four counts of crimes against humanity and three counts of war crimes for events that occurred in Libya between February and August 2011.  Persons arrested by the ISA during Al-Tuhamy’s tenure are alleged to have been subjected to severe beatings, electrocution, acts of sexual violence and rape, solitary confinement, deprivation of food and water, inhumane conditions of detention, and mock executions. [2]

After the Libyan Civil War, Al-Tahamy is believed to have fled to Egypt.  The ICC alleged that he was traveling under assumed identities and was in possession of at least 10 different passports. [3]  The ICC’s failure regarding Al-Tuhamy is representative of its efforts to extradite others charged with committing core crimes in Libya. An arrest warrant was issued for Mahmoud al-Werfalli in 2017, but proceedings were terminated against him in June 2022, following his demise. [4] The case against Muammar Gaddafi was terminated in 2011, following his death.  Warrants of arrest have been active for Saif Al-Islam Gaddafi, Muammar Gaddafi’s son, since 27 June 2011, but still have not been served despite his public appearances and registering as a presidential candidate in Libya. [5]

[1] Prosecutor v. Al-Tuhamy Mohamed Khaled (Decision Terminating Proceedings Against Al-Tuhamy Mohamed Khaled) ICC-001/11-01/13 (7 September 2022).

[2] Prosecutor v. Al-Tuhamy Mohamed Khaled (Warrant of Arrest for Al-Tuhamy Mohamed Khaled) ICC-001/11-01/13 (18 April 2013) [7].

[3] Ibid [13].

[4] Prosecutor v. Mahmoud Mustafa Busayf Al-Werfalli (Decision Terminating Proceedings Against Al-Werfalli) ICC-001/11-01/17 (15 June 2022).

[5] BBC News, ‘Saif al-Islam Gaddafi: Son of Libya Ex-Ruler Runs for President’ (BBC News, 14 November 2021) <https://www.bbc.com/news/world-africa-59280215> last visited 14 September 2022.