Libyan National Army arrested command of elite forces

Security forces in eastern Libya said on Thursday they had arrested the commander of an elite forces unit who is sought by the International Criminal Court (ICC) for allegedly executing dozens of prisoners. The general command of the Libyan National Army (LNA), the force that controls most of eastern Libya, said the commander, Mahmoud al-Werfalli, was being investigated by a military prosecutor.

"We inform you that the defendant in your judicial case, Mahmoud al-Werfalli, is under investigation for the cases against him by the general military prosecutor and is now under arrest," the LNA said in a statement. Werfalli is wanted for allegedly executing dozens of prisoners in the spring and summer of this year, toward the end of a three-year LNA campaign against Islamists and other opponents for control of the eastern city of Benghazi.

The Special Forces is a powerful elite unit nominally under LNA control that joined the Benghazi campaign in its early stages. The LNA commended the ICC on its "efforts to achieve stability and social security." "We announce our readiness to cooperate with you in informing you of the result and course of the judicial case," the LNA said.

However, the statement gave no indication that the LNA would be prepared to hand Werfalli over to the ICC, which issued an arrest warrant for him on Tuesday. A special forces spokesman had earlier dismissed the warrant, saying the ICC should instead be seeking to arrest the LNA's opponents.

The LNA, led by Khalifa Haftar, is the dominant force in eastern Libya, but has opposed a United Nations-backed government in the capital, Tripoli. It declared victory in its Benghazi campaign in July.

According to sources, Khalifa Hafter ordered the arrest 15 days ago of Saiqa Special Forces major Mahmoud Warfali wanted by the International Criminal Court (ICC) for war crimes, the Libyan National Army (LNA) said today. The armed forces commander-in-chief also instructed the LNA’s advocate-general to begin his own investigation

The ICC alleges that Warfali featured in videos in which 33 bound captives were murdered in cold blood. It has demanded the LNA officer be handed over for trial in The Hague where the court sits.

In an open statement to the ICC today the LNA said that Hafter had ordered an investigation on 2 August and Warfali had been under arrest since then.

There may be some significance to the LNA’s claim that Warfali was detained almost three weeks ago, well before the ICC issued its warrant.  However, the LNA had in fact said last month, before Hafter issued his order, that Warfali was already under investigation.

After the first execution video emerged this March, the LNA said it would prosecute soldiers who murdered or abused prisoners.

In May after further execution videos surfaced in which Warfali again appeared to feature prominently, he made a very public resignation. Two weeks later however, Saiqa commander Wanis Boukhamada refused to allow him to quit and promoted him from captain to major.

Last month, when the UN Human Rights Commission demanded Warfali be suspended while the crimes recorded on the videos were investigated, the LNA retorted that the UN body should not prejudge the “unverified” footage.

Under its statutes, the ICC can only prosecute those suspected of war crimes or crimes against humanity if the local courts have failed, for whatever reason, to take action themselves.  The LNA would seem prepared to argue that it is under the authority of the internationally-recognised parliament, the House of Representatives (HoR) and is therefore competent to try Warfali. However the international community also recognises the Presidency Council (PC) in Tripoli, which would currently appear to have no chance of taking the Saiqa officer in to custody.