31. International Criminal Justice for Irregular Migrants? The Case of Libya Regarding Atrocities Committed at Detention Camps
- Author:
- Ana Luz Manzano Ortiz
- Publication Date:
- 06-2022
- Content Type:
- Commentary and Analysis
- Institution:
- Public International Law Policy Group
- Abstract:
- Abuses committed or tolerated by authorities against foreigners with an unauthorized stay, also referred to as “irregular migrants,” are common. Cases like these have mostly been litigated by civil organizations under human rights law. However, there are situations where international criminal law can also serve as a tool to seek justice. An example of this is Libya, where NGOs have denounced militias’ practices of targeting irregular migrants through torture, kidnappings, forced recruitment, and killings. In order to seek accountability for this situation, NGOs have asked the International Criminal Court (ICC) to investigate the situation in Libya. On January 17, 2022, a group of NGOs, composed of Adala for All, StraLi, and UpRights, presented a communication under Article 15 of the Rome Statute to the ICC, asking the Office of the Prosecutor to investigate potential crimes in Libya. This contribution examines the turn from international human rights law (IHRL) to international criminal law (ICL) in light of this particular situation in Libya.
- Topic:
- Accountability, Detention, International Criminal Law (ICL), and Irregular Migration
- Political Geography:
- Libya and North Africa