Four years after the fall of Muammar Gadhafi, Libya has become even more violent. Explosions, assassinations, kidnappings, and fighting between militias are commonplace. The central government is extremely fragile. This report highlights some of the opportunities and obstacles in a transitional setting. Its goal is to spark debate among scholars, policymakers, practitioners, and civil society actors about the role of customary law and the potential of restorative justice in a transitional setting.

Summary

  • Since the death of Muammar Gadhafi in October 2011, violence in Libya has increased dramatically. Armed groups, whose ranks have grown since the revolution, have coalesced into two warring factions. Explosions, assassinations, kidnappings, and fighting between militias are commonplace. The central government is extremely fragile.
  • Reconciliation initiatives have failed to end the violence. Some have been too short lived, others too narrowly focused.
  • Libya’s formal legal system is in disarray, leaving traditional leaders to handle a wide variety of crimes. They are also playing an essential role in resolving not only violent conflicts between families but also broader ones, such as those between militia groups and the government.
  • Conflict-related crimes and those involving human rights violations are most appropriately dealt with by a formal legal system, however.
  • Legalistic and punitive processes will not be enough for Libya to make the transition from war to peace and to address its legacy of violence. To do so, the country must also turn to restorative justice and its focus on the needs of victims, offenders, and the community.
  • Most studies of restorative justice have focused on democratic settings rather than transitional societies. Restorative justice in places such as Somaliland, however, suggests that it might also be effective in Libya, given the many concepts and values that the customary system and restorative initiatives share.
  • In integrating restorative principles with customary practices—thereby transforming the relationships that sustain violence—Libya would create the opportunity to move toward peace and stability.

About the Report

Much has been written about the practice of restorative justice in democratic settings where the rule of law is respected, but much less is written about applying restorative justice in transitional settings. Focusing on Libya, this report highlights some of the opportunities and obstacles inherent to a transitional setting, calls for a deeper understanding of customary law as it is practiced in Libya, and suggests how customary law could be used to help establish restorative justice there. The report is part of a portfolio of rule of law work that the United States Institute of Peace (USIP) is carrying out in Libya.

About the Author

Najla Elmangoush is a professor of criminal law at Benghazi University and a former private-sector attorney. Currently a Fulbright scholar and USIP country representative in Libya, she previously headed the Public Engagement Unit in Libya’s Executive Office of the National Transitional Council, which handles outreach with newly emerging civil society organizations. Elmangoush holds a bachelor’s degree in law (Garyounis University) and master’s degrees in criminal law (Benghazi University) and conflict transformation (Eastern Mennonite University).

Related Publications

How Commemoration Can Help Unite a Divided Libya

How Commemoration Can Help Unite a Divided Libya

Thursday, August 24, 2023

By: David Wood;  Mehdi Bchir

In the al-Washishi district of Benghazi a burnt-out car stands in memorial to a slain Libyan National Army (LNA) special forces fighter, serving as a city-wide reflection of the country’s 2014-2017 civil war. The car belonged to Salem (Afareet) Al-Naili, whose father was brutally murdered, one of the many victims of terrorist violence in the city. Inspired by the personal loss of his father, Salem threw himself into the fighting in the city’s civil war and was ultimately also assassinated.

Type: Analysis

Reconciliation

Citizen State and Community Relations in Building Local Governance

Citizen State and Community Relations in Building Local Governance

Monday, August 21, 2023

By: Andrew Cheatham;  Mohamed Fortia;  Nathaniel Wilson

Since the revolution in 2011 and the toppling of the long-standing regime of Muammar Gaddafi, Libya has experienced various degrees of political instability and conflict. A succession of internationally supported “transitions” have failed to bring the Libyan people a functioning state with a clear social contract based on a shared vision for the nation. This paper discusses the present challenges for good local governance as perceived by Libyan citizens and institutional actors. Through this lens, recommendations are offered for immediate, short-, and medium-term initiatives that can support the improvement of citizen relations with the three traditional arms of the state—the legislative, executive, and judicial branches.

Type: Discussion Paper

Democracy & Governance

Libya Can Move Past Its Political Deadlock, But It Will Take Work to Maintain A ‘Deal’

Libya Can Move Past Its Political Deadlock, But It Will Take Work to Maintain A ‘Deal’

Friday, May 19, 2023

By: Andrew Cheatham

Since 2012, multiple failed political transitions have taken their toll on the Libyan people. The continued and increasingly complex internal divisions and external vectors affecting Libya threaten to send it into another spiral of crisis and violence. Local and national leaders working in good faith to stabilize the country have inevitably grown cynical as ruling elites and their international partners fail to deliver local security and good governance.

Type: Analysis

Conflict Analysis & PreventionPeace Processes

Beyond Elections: Libya Needs Unified Institutions and Reconciliation

Beyond Elections: Libya Needs Unified Institutions and Reconciliation

Wednesday, April 26, 2023

By: Mehdi Bchir

Last week, the U.N. Security Council met to discuss its Libya mission and its new plan to end the country’s political impasse through elections. While credible polls will be a critical step in forging a path to peace, they are not a panacea for addressing this byzantine conflict’s deeply rooted drivers and the intense, bitter rivalries and factionalism that have surfaced since 2011. Indeed, previous efforts to hold elections have buckled under the weight of the intricate dynamics at play. Over a decade after the fall of Muammar Qaddafi, resolving Libya's complex conflict will require a multifaceted approach that prioritizes building trust among Libyans.

Type: Analysis

Conflict Analysis & PreventionDemocracy & Governance

View All Publications