In a significant legal development, 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 Hifter’s U.S. citizenship and long-term residence in Virginia, Brinkema ruled that she did not have jurisdiction to hear the case. Hifter, once a lieutenant to Moammar Gadhafi, defected to the U.S. during the 1980s and returned to Libya in 2011 to support anti-Gadhafi forces during the country’s civil war. He led the self-styled Libyan National Army and continues to hold significant influence in the eastern part of the country.
The initial lawsuits against Hifter, filed in 2019, alleged that his army conducted military bombardments in civilian areas, resulting in the deaths of innocent family members of the plaintiffs. Despite owning property in Virginia, which could have been used to satisfy any judgment, Hifter denied any involvement in orchestrating attacks against civilians. Following a default judgment against him in 2022, Hifter underwent two separate depositions where he reiterated his denial of the allegations. His defense team successfully persuaded the judge to reopen the case, ultimately leading to the dismissal of the lawsuits due to jurisdictional issues.
One of Hifter’s lawyers, Paul Kamenar, defended his client by asserting that Hifter is not the ruthless figure portrayed in the media. On the other hand, Faisal Gill, representing plaintiffs in one of the lawsuits, plans to appeal the dismissal of the case. Mark Zaid, the lawyer for another group of plaintiffs, expressed perplexity over Brinkema’s ruling and argued that the court’s jurisdiction to hear the case had already been established earlier in the legal proceedings. Zaid highlighted the concern that a U.S. citizen accused of committing war crimes abroad has evaded civil accountability thus far.
Hifter’s background as a former lieutenant to Gadhafi and his alleged involvement with the CIA during his exile in the U.S. adds a complex layer to the legal battle surrounding the accusations against him. His support for anti-Gadhafi forces and subsequent leadership of the Libyan National Army highlighted his pivotal role in the country’s civil war. Despite these significant developments, the legal proceedings against Hifter have faced challenges related to jurisdiction and establishing accountability for alleged war crimes committed in Libya. The dismissal of the lawsuits raises questions about the extent of civil accountability for U.S. citizens accused of crimes abroad.
