Criminal
A 1953 penal code overlaid by conflict-era measures and ICC jurisdiction
The Penal Code of 1953 remains the base instrument, supplemented by Gaddafi-era security laws and post-2011 measures. The ICC retains jurisdiction over Libya under Security Council Resolution 1970.
Key rules
- Jurisdiction — Ordinary criminal courts in both territories, plus ICC jurisdiction over crimes committed in Libya since February 2011.
Governing law
- Penal Code 1953
- Code of Criminal Procedure 1953
- Law 10/2013 criminalising torture, enforced disappearance and discrimination
- UN Security Council Resolution 1970 (2011) — ICC referral
In practice
Two features distinguish Libyan criminal law. First, the ICC has open jurisdiction by Security Council referral, and warrants have been issued and partly unexecuted, which means serious international crimes are subject to a forum outside the national system. Second, sharia-derived hudud provisions were introduced in the 1970s for offences including theft and adultery and formally remain, though application has been limited. Law 10/2013 criminalised torture and enforced disappearance, but detention by armed groups outside any legal framework has continued to be documented, and accountability has been minimal. Assessing criminal exposure in Libya therefore requires identifying which authority controls the relevant territory and whether courts are functioning there at all.