Statement by Denmark and Sierra Leone ICC Co-Focal Points in the UNSC Stakeout to the Press The situation in Libya (ICC referral pursuant to resolution 1970)
New York, 25 November 2025
We deliver this statement on behalf of the Members of the Security Council that are State Parties to the Rome Statute of the International Criminal Court: France, Greece, Guyana, Panama, the Republic of Korea, Slovenia, the United Kingdom, and our own countries, Denmark, and Sierra Leone.
We extend our sincere gratitude to the ICC Deputy Prosecutor, Ms. Nazhat Shameem Khan, and her team for presenting the 30th report of the Office of the Prosecutor (“the Office”) to the United Nations Security Council on the situation in Libya pursuant to Resolution 1970 (2011).
We welcome the significant progress made in the reporting period by the Office across its four key lines of inquiry in the Libya situation, in fulfilment of the mandate set by the Council under resolution 1970 (2011). This progress is reflected in the imminent surrender of Khaled EL HISHRI to the Court following his arrest by German authorities based on an arrest warrant issued by the Court’s Pre-Trial Chamber in relation to war crimes and crimes against humanity alleged to have been committed in Mitiga Prison. We note that this is now anticipated to give rise to the first trial before the Court pursuant to resolution 1970 (2011), marking a significant milestone and meeting a key objective set by the Office in its last Report.
We welcome the renewed basis for cooperation and partnership towards justice reflected in the declaration made by the Government of Libya pursuant to article 12(3) of the Rome Statute. In this regard, we also welcome the concrete steps taken by the Government of Libya in follow-up to this declaration in the reporting period. This sends a clear message that Libya sees value in the work of the Office, and by extension, the Court.
We note that following the Article 12 (3) declaration by the Government of Libya, and in light of the expanded cooperation offered by it, the Office has conducted a further assessment of the opportunities and consequent timeframe for the effective implementation of the mandate set by the Council. We further note that the Office will consequently continue its investigations pursuant to resolution 1970 (2011) beyond 2026, while remaining committed to promptly moving to the completion of the investigative phase in this situation. We appreciate the Office’s continued commitment to delivering on its mandate under challenging circumstances.
We further appreciate the continued engagement of the Office with victims and civil society. It is important to continue and even deepen this engagement to build existing trust and ensure that the voices of victims and survivors are heard.
We recall that in the endeavor to fight impunity, it is crucial for all States to fulfill their obligations under the Rome Statute and in accordance with Security Council Resolution 1970 (2011). This includes arresting and transferring to the ICC individuals, who are the subject of arrest warrants.
Before concluding, we wish to recall the recent conviction of Ali Muhammad Abd-Al-Rahman (Ali Kushayb) in the Darfur situation, the first judgment arising from a Security Council referral under resolution 1593 (2005). This outcome demonstrates that referrals by the Council can indeed deliver concrete judicial results and reinforces the significance of the first trial expected to proceed in the Libya situation.
Finally, we reaffirm our steadfast and unwavering support for the Court as an independent and impartial judicial institution. We strongly reiterate our commitment to uphold and defend the principles and values enshrined in the Rome Statute, safeguarding its integrity against any threats and actions aimed at the Court, its officials, or its partners. Such actions are counterproductive to our shared goal of ensuring accountability for the most serious crimes, promoting the rule of law, and fostering lasting respect for international law, including human rights.
