Lawyers ask ICC to investigate 122 European officials for crimes against humanity in Mediterranean.
The group led by lawyers Omer Shatz and Juan Branco filed a 700-page legal brief on Thursday. The Associated Press has obtained a copy of the brief.
Their case is based on six years of investigation, interviews with more than 70 senior European officials, minutes of high-level European Council meetings and other confidential documents. It follows a previous request to the ICC’s prosecutor’s office to investigate European officials for migration policies they argued led to the interception, detention, torture, killing and drowning of tens of thousands of people trying to reach European shores.
That request, filed in 2019 and admitted in 2020 as part of the ICC’s Libya investigation, did not cite any specific suspects by name.
Now, lawyers say they have identified dozens of European individuals, from high-level heads of state to lower-level bureaucrats, as “co-perpetrators” alongside Libyan suspects for the death of 25,000 asylum seekers and abuses against some 150,000 survivors who were “abducted and forcibly transferred to Libya, where they were detained, tortured, raped, and enslaved.”
European leaders, officials called out by name
“We did the work of the office of the prosecutor, we managed to get to the inside of this apparatus of power and deconstruct it to see which offices, which ministries and which individuals (are responsible),” Shatz said. “We feel confident to say that at least 122 are criminally liable.”
ICC’s prosecutor Karim Khan stepped aside earlier this year pending the outcome of a sexual misconduct investigation against him.
Lawyers published an online database with parts of their case and their “suspect list” naming each of the 122 individuals, their roles and why they believe the person to be liable. Among them is NATO Secretary-General Mark Rutte, who was then prime minister of the Netherlands, Polish Prime Minister Donald Tusk, then former president of the European Council, European former foreign policy chief Frederica Mogherini and former Frontex chief Fabrice Leggeri, to cite a few.
Shatz and Branco are not the only ones to have urged the ICC to investigate abuses committed against migrants in Libya and the Mediterranean Sea. In 2023, a UN-backed investigation also concluded the EU’s support to Libyan forces contributed to crimes against migrants and called on EU authorities to review their policies with Libya.
“The law of the ICC was born out of European crimes but only applied so far to crimes committed outside of Europe,” Shatz told the Associated Press. “Our request is simple: to apply the law impartially, also upon European nationals.”
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