Routes to Justice for Migrants in Libya

Demanding Action from the ICC

One year on from LFJL's joint communication to the International Criminal Court (ICC), demanding that an official investigation be opened into the crimes committed against migrants and refugees in Libya that may amount to crimes against humanity, the Office of the Prosecutor (OTP) has yet to take decisive action.

In light of this, on November 21st, in a joint letter with the European Centre for Constitutional and Human Rights (ECCHR) and the International Federation for Human Rights (FIDH), LFJL addressed Prosecutor Karim Khan about the urgency of the situation, demanding that priority to a formal investigation be given. Despite commending the OTP's contribution to supporting the , particularly in the extradition of two key Eritrean suspects of human trafficking and human smuggling crimes in Libya to Italy and the Netherlands, LFJL emphasised that continuing to frame crimes against migrants and refugees exclusively as smuggling and trafficking instead of crimes against humanity, and thereby prioritising the jurisdiction of national authorities and regional organisations over its own, will not be enough to put an end to the ongoing cycle of impunity for Rome Statute crimes committed in the country. In fact, over the past year and in the absence of any effective accountability efforts, the situation of migrants has worsened, with of migrants and refugees having been reported dead or missing in Libya and at sea, while thousands more continue to fall victim to human trafficking and enslavement, with the most common forms of exploitation being abduction for extortion, forced labour and sexual exploitation.

LFJL thus urged the OTP once again to assess without delay the individual criminal responsibility of high-level perpetrators so as to facilitate criminal accountability, while also laying the groundwork to prevent the future commission of such crimes by deterring criminal networks and systems from emerging or continuing their operations. Moreover, in delivering recommendations to the Assembly of States Parties to the Rome Statute (ASP) ahead of and during its twenty-first session in the Hague, LFJL reiterated this point, believing that the Court is best placed to capture the nature and gravity of the most serious crimes, and to complement domestic investigations that might be more limited in the types of crimes they prosecute.

Promoting and building an Advocacy Network

In September and October 2022, LFJL also had the opportunity to network with new partners, which are also working in the field of migration and refugee advocacy not just in Libya but across Europe.

After carrying out in-depth research to better understand UK asylum policy, including the Rwanda-UK deal, and how this impacts migrants and refugees reaching the UK who transited through Libya and who were more often than not victims of human trafficking, LFJL had the opportunity to hold bilateral meetings with human rights organisations at the frontlines of challenging Home Office's Rwanda policy in the High Court. Avenues for future collaboration were explored, and we hope to follow up on new ideas in the New Year. Moreover, LFJL was also able establish a first contact point in Malta, with the aim of developing joint advocacy projects in the future that address the rights of migrants and refugees in Europe, and the human rights shortcomings European politicians and policymakers have continued to display in this regard.

Moreover, in an op-ed published for International Migrants Day on December 18, LFJL condemns Europe's approach in cherry-picking human rights principles and evading its legal obligations and humanitarian responsibility to offer protection to migrants seeking safety, dignity and livelihood at its borders. This is particularly the case in the Central Mediterranean, where Europe’s approach to migration has centred around border externalisation and pushbacks of migrants to Libya, as well as the obstruction and criminalisation of NGOs attempting to fill the humanitarian gaps. The op-ed also highlights the importance of transnational civil society networks in challenging governmental and intergovernmental agendas through formal accountability channels, in turning the dial on the narrative around migration, and in creating and mobilising strong and sustainable movements around migration issues.

What’s next?

LFJL hopes to pursue new partnerships across Europe so as to continue to expand and sustain its migration advocacy network, and thus provide stronger and more coordinated advocacy responses. Moreover, in light of new evidence brought forward at the end of this year, including that by Human Rights Watch and the ECCHR, LFJL hopes to explore new avenues to seek accountability for harmful policies, and justice for victims. Stay tuned and check the project homepage for the latest updates and to find out how you can support this work.

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Lawyers for Justice in Libya (LFJL) has continued to monitor, raise awareness and conduct advocacy around the situation of refugees and migrants trapped in Libya.

Monitoring

In June 2022, the UN Independent Fact-Finding Mission on Libya (FFM) reported that persistent impunity is to blame for ongoing crimes committed against refugees and migrants in Libya. The FFM also attributed the involvement of new actors, for example the Stability Support Authority (SSA) militia, in the commoditisation, exploitation and abuse of refugees and migrants to the climate of total impunity. The FFM will deliver its final report in March 2023 which is expected to present further conclusive findings and recommendations in relation to the crimes and abuses committed against refugees and migrants in Libya.

In recent months, there has been increased incidence of sea and land tragedies involving refugees and migrants, including one shipwreck in June that left at least 30 people missing and feared dead. In the same month, the Libyan authorities reported finding the bodies of 20 refugees and migrants who died from thirst in the desert close to the border with Chad.

In June and July alone, over 4,000 refugees and migrants were intercepted and returned to Libya according to IOM (the UN’s Organisation for Migration). In August 2022, Human Rights Watch released evidence to support the claim that Frontex, the EU Border agency, has installed a network of aerial surveillance over the Mediterranean Sea which facilitates interceptions and returns to Libya. Meanwhile, MSF recently released a report underling the impossibility of protecting refugees and migrants inside Libya and the inefficacy of existing legal pathways to safety. The report proposes alternative pathways for protection.

As a London-based organisation, LFJL has also been monitoring changes to asylum and migration policies in the UK and the implications of the Nationalities and Borders Act 2022 – including a controversial policy which sets to remove to Rwanda asylum seekers and potential victims of trafficking, including those who may have travelled through Libya, who arrived in the UK via what the UK government has termed “illegal, dangerous or unnecessary methods.” Rwanda removals have been heavily criticized by lawyers and human rights organisations as being fundamentally at odds with the UN Refuge Convention, the European Convention on Human Rights and the Council of Europe Convention on Action against Trafficking in Human Beings.

The situation for refugees and migrants in Libya, and in countries further along the Central Mediterranean Route, remains perilous. LFJL continues to raise awareness of their plight and advocate for policy changes to improve the situation while also exploring legal channels to challenge the current policies and seek justice for victims.

Awareness raising

Highlights of LFJL’s awareness raising initiatives have included Head of Advocacy and Outreach, Marwa Mohamed’s guest appearance on the Asymmetrical Haircuts podcast alongside Sally Hayden, author of My Fourth Time, We Drowned. During the episode, Marwa and Sally unpack detention, monetisation and other abuses committed against refugees and migrants in Libya, and the effect of strict European Union border policies.

On LFJL’s own podcast Libya Matters, Marwa Mohamed and Programmes Officer, Mae Thompson discussed access to truth, justice and accountability for refugees and migrants that have suffered gross human rights violations in Libya with renowned champion for refugees’ rights, Lord Alf Dubs.

Advocacy

On 2 June 2022, Marwa Mohamed represented LFJL on a panel at the European Parliament to discuss the situation of refugees and migrants in detention centres in Libya. The Panel was coordinated by the Socialists and Democrats Group – the second largest political group in the European Parliament – and chaired by MEP and Chair of the Human Rights Subcommittee, Maria Arena. The panel discussion and question and answer session was followed by a screening of “Libya: No Escape from Hell” directed by Sara Creta.

LFJL has also continued its advocacy efforts in relation to the ICC and other international accountability mechanisms, and is also exploring other avenues of accountability, for example, through domestic channels.

What’s next?

LFJL is currently exploring ways in which we can offer support and protection to refugees, asylum seekers and victims of trafficking who may have been subjected to human rights violations in Libya during their journeys and who are facing further challenges following their arrival in the UK, particularly in light of the Nationality and Borders Act 2022 and its implications. Stay tuned and check the project homepage for the latest updates and to find out how you can support this work.

Thank you for your continued and generous support. To receive regular updates about the work we do across all of our programmes, you can subscribe to our mailing list.