Libya
Khalifa H. [ORDER DECLINING JURISDICTION]
Type of liability
Personne physique
Alleged perpetrator(s)
Khalifa H.
Nationality of alleged perpetrator(s)
Libyan
Legal classification of crime(s)
Torture and acts of barbarity
Ongoing proceedings
non
Regime
2 - 689-1 CPP
Summary of facts
Marshal Khalifa H. was appointed Commander-in-Chief of the Libyan National Army (LNA) on March 2, 2015. The LNA is an army that is not internationally recognized and that has been fighting on Libyan territory despite the peace process initiated since the agreement and the ceasefire adopted in July 2017.
In spring 2014, Khalifa H. and the LNA launched “Operation Dignity”, aimed at retaking the city of Benghazi.
In this context, Khalifa H. allegedly ordered an attack on a family, whose members he allegedly arbitrarily arrested and tortured for three weeks.
Between 2016 and March 2017, the LNA is suspected of having committed crimes during the occupation of the city of Benghazi. Khalifa H. is accused of launching a bombing campaign without specific targets, as well as of having participated in murders and enforced disappearances in the districts of Al-Laitti, Bu-Atni and Ganfouda, where many civilians had taken refuge.
Amnesty International France recalls that everyone is presumed innocent until proven guilty according to law.
Legal proceedings
In 2020: Ali Hamza files a second complaint.<br />
September 29, 2021: the Investigating Chamber upholds the refusal to open a judicial investigation into the first complaint filed in 2018, due to the absence of evidence capable of confirming Khalifa H.’s presence on French territory.<br />
In 2021: Ali Hamza files a third complaint with the senior investigating judge (Doyen des juges d’instruction).<br />
July 15, 2022: an order declaring that the French courts lack jurisdiction is issued for the second complaint filed in 2020, due to the absence of evidence capable of confirming Khalifa H.’s presence on French territory.</p>
Complaint
Names of NGOs / Victim(s)
Legal basis for jurisdiction (article)
Sources
RFI, « Libye: une deuxième plainte pour «torture» déposée contre le maréchal Haftar », 2018