His Excellency Mr.

Fayez al-Sarraj ID: LFG-2017-0027

Prime Minister

Government of National Accord of Libya

Office of the Prime Minister

Tripoli, Libya

tawasol@pm.gov.ly

Sent via: Electronic mail

His Excellency Mr. Mohamed Barghouthi

c/o General Khalifa Haftar

Minister of Defense of Libya

Ministry of Defense of the State of Libya

Tripoli, Libya

info@defense.gov.ly

Sent via: Electronic mail

November 29th, 2017

Re:

Major Mahmoud Mustafa Busayf al-Werfalli and the International Criminal Court

Groups linked to the Libyan National Army who are accused of an atrocity in Libya

His Excellency Mr. Fayez al-Sarraj and His Excellency Mr. Mohamed Barghouthi,

I am sending you this communication out of concern over an arrest warrant that was brought by
the International Criminal Court against Major Mahmoud Mustafa Busayf al-Werfalli, a commander in
the Al-Saiqa Brigade in Libya. While it does appear as if the Prosecutor of the International Criminal
Court did raise her compliance concerns with General Khalifa Haftar, a senior officer with the Libyan
National Army, it still appears as if Major Mahmoud Mustafa Busayf al-Werfalli is still at large with an
active arrest warrant issued against him for his arrest. Since Major Mahmoud Mustafa Busayf al-Werfalli
is still at large and has not been sent to the International Criminal Court, I am urging both of you and
your offices to personally make sure that the government of Libya will hand over Major Mahmoud
Mustafa Busayf al-Werfalli to the International Criminal Court swiftly and without delay. I believe that
compliance with the International Criminal Court has to be abided by and I hope that both of you would
agree. Handing Major Mahmoud Mustafa Busayf al-Werfalli over to the International Criminal Court for
prosecution does not mean that he is guilty of the crimes that he has been accused of committed. Major
Mahmoud Mustafa Busayf al-Werfalli still has a right to the protection of his procedural due process and
I am sure that the judges with the International Criminal Court will make sure that is not violated.
Handing Major Mahmoud Mustafa Busayf al-Werfalli over to the International Criminal Court is just to
help make sure that compliance with the legal authority and the prosecution power that the
International Criminal Court has is abided by.

Another issue that I would like to bring to both of your attention is with regard and pertaining to
an asserted incident that has taken place in the eastern part of Libya. It has been asserted that groups
that have ties or that are linked with the Libyan National Army has been accused of committing
atrocities in the eastern part of Libya. With regard and pertaining to this issue, it has been asserted that
the bodies of approximately thirty-six (36) men have been found in the town of al-Abyar by local police
forces. After the bodies were found, the appears as if the bodies of the deceased were transferred to a
hospital. According to Human Rights Watch, relatives of six of the victims reported that the men has
been arrested by groups that are linked to the Libyan National Army in Benghazi and in other areas that
are under the control of the Libyan National Army. While I am certainly thankful that General Khalifa
Hiftar, field marshal of the Libyan National Army, had properly ordered a military prosecutor to conduct
an investigation into this issue, the results of the investigation are yet to be determined. I am hoping
that in the current time that the investigation is being conducted, that both of you will help ensure that
a fair and that a proper investigation is being conducted. All responsible parties that were involved in
the atrocity has got to be brought to justice, in a fair and in a just way, through the legal system.

In conclusion, I hope that both and you and your offices will ensure that Major Mahmoud
Mustafa Busayf al-Werfalli will be handed over to the International Criminal Court for prosecution
swiftly and without delay. I am also hoping that both of you and your government offices in Libya will
ensure that the government of Libya conducts a fair and a proper investigation into the atrocity that
have occurred in the eastern party of Libya by all of those who have been responsible for the massive
killings of over thirty-six (36) men that were found in the town of al-Abyar. I am confident that both of
you will be able to ensure that a fair and proper investigation will be conducted into the atrocity and
that when necessary, that the perpetrators will be brought to justice when found.

Respectfully,

Isaiah X. Smith1

1
www.isaiahxsmith.com