ICC issues a second arrest warrant of Mahmoud Al-Werfalli over war crimes

On 4 July 2018, Pre-Trial Chamber I of the International Criminal Court (“ICC” or the “Court”) issued a second warrant of arrest for Mahmoud Mustafa Busayf AL‑WERFALLI (“Mr. Al-Werfalli”) for his alleged responsibility for murder as a war crime in the context of the non-international armed conflict in Libya.

The Chamber found that there were reasonable grounds to believe that Mr. Al‑Werfalli directly committed murder as a war crime in the context of an eighth incident which took place on 24 January 2018, when Mr. Al-Werfalli allegedly shot dead 10 persons in front of the Bi’at al-Radwan Mosque in Benghazi, Libya. The Chamber found the case against Mr. Al-Werfalli to be admissible before the Court, due to the lack of investigative activities in Libya.

This second warrant of arrest complements a first warrant of arrest issued by Pre‑Trial Chamber I on 15 August 2017 for Mr. Al-Werfalli’s alleged responsibility for directly committing and ordering the commission of murder as a war crime in the context of seven incidents, involving 33 persons, which took place from on or before 3 June 2016 until on or about 17 July 2017 in Benghazi or surrounding areas, in Libya.

The situation in Libya was referred to the ICC Prosecutor by the United Nations Security Council in its Resolution 1970 dated 26 February 2011. On 3 March 2011, the Prosecutor announced the decision to open an investigation in the situation in Libya.