In a recent court decision, U.S. District Judge Leonie Brinkema dismissed civil lawsuits against Libyan military commander Khalifa Hifter, who was accused of committing war crimes in Libya. Despite having U.S. citizenship and living in Virginia for over 20 years, the judge ruled that she did not have jurisdiction over the case involving alleged atrocities in Libya’s civil war. This marked a significant turnaround for Hifter, who had previously faced a default judgment after failing to participate in depositions regarding his role in the conflict. However, new legal representation enabled Hifter to reopen the case and provide testimony denying any involvement in attacks against civilians.
Hifter, a former lieutenant to Libyan dictator Moammar Gadhafi who later defected to the U.S., is believed to have collaborated with the CIA during his exile. He returned to Libya in 2011 to support anti-Gadhafi forces and eventually led the Libyan National Army during the civil war. Despite facing allegations of orchestrating military bombardments in civilian areas, Hifter maintains support from countries like Russia, Egypt, and the United Arab Emirates. He continues to wield influence in the eastern region of Libya, where his forces hold territory.
The lawsuits against Hifter, filed in 2019, accused him of involvement in attacks that resulted in the deaths of civilians. The plaintiffs claimed that Hifter and his family owned significant property in Virginia, which could have been used to satisfy any judgment against him. While technical jurisdictional issues led to the dismissal of the lawsuits, Hifter’s lawyer, Paul Kamenar, emphasized his client’s denial of any wrongdoing. Despite the setback, one of the attorneys representing the plaintiffs expressed intentions to appeal the ruling, believing that the court had already established jurisdiction in an earlier phase of the case.
Attorney Mark Zaid, representing another group of plaintiffs, criticized the judge’s decision as perplexing and highlighted the lack of civil accountability for a U.S. citizen accused of committing war crimes abroad. Hifter had previously sought immunity as a head of state in the lawsuits, and the judge had delayed proceedings amid concerns that the legal action might influence presidential elections in Libya. Ultimately, the dismissal of the lawsuits against Hifter raises questions about the broader implications of holding individuals accountable for alleged violations of international law, even when they maintain strong political and military influence in their home country.
