Criminal justice in Libya : the case for hybrid courts

Abstract

This research project looks into the possibility of establishing hybrid courts in Libya as an alternative to the flawed criminal justice system currently prosecuting human rights violations in the country. Emphasis is put on the role of criminal justice within the larger context of transitional justice. Both ongoing prosecutions and investigations in relation to core crimes allegations at the ICC as well as those at domestic courts are analyzed to get a better understanding of the current state of criminal justice in Libya. The Chicago Principles on Post Conflict Justice served as a basis upon which a benchmark is developed to enable the fair comparison of all three different types of courts. Whilst the ICC in Libya lacks legitimacy and public confidence, and is also limited in its mandate to prosecute only the most serious crimes; domestic prosecutions were highlighted with breaches in due process, biased prosecutions and claims of selective justice, inability of the judiciary to prosecute independently as well as the lack of protection provided for witnesses and judicial staff. Drawing from past experiences of hybrid courts, suggestions are proposed as to how the hybrid model could possibly provide an alternative in cases where domestic courts and the ICC have failed to fulfill their role. The Hybrid model could possibly provide an opportunity for Libyans to ensure a fair and meaningful trial to the past regime officials and the perpetrators of core crimes.