Law No. (4) of 2003 on the competence of the Libyan judiciary to hear cases brought against foreign countries

Law No. (4) of 1371 FDP on the competence of the Libyan judiciary to hear cases brought against foreign countries

In execution of the resolutions of Basic People’s Congresses at the annual general session of 1371 FDP;

And upon review of:

• The Declaration of the Establishment of the Authority of the People;
• The Great Green Charter of Human Rights of the Jamhiriyan Era
• Law No. (20) of 1991 on the promotion of freedom;
• Law No. (1) of 1369 FDP on People’s Congresses and People’s Committees;
• The Civil Code, and its amendments;
• The Code of Civil and Commercial Procedure, and the amendments thereof;
• The Justice System Law issued by Law No. (51) of 1976, and the amendments thereof;
• Law No. (5) of 1988 on the establishment of the People’s Court;

drafted the following law:

Article (1)

Libyans may initiate legal proceedings against foreign countries for their illegal actions before the Libyan judiciary, if the laws of said countries allow the Great Jamahiriya to be sued. They may do so in order to claim compensation for damages they have sustained, whether these countries have committed such acts through their agencies or through individuals or groups supported thereby, even if the act occurred before the entry into force of this law.

Article (2)

The provisions of Libyan laws shall be applied to the incidents subject to this law, wherever it occurred. The Libyan judiciary shall hear cases that are filed in this regard. At the request of the persons concerned, the Supreme Council of Judicial Bodies shall determine the locally competent court to hear cases arising from acts that occurred outside the Great Jamahiriya.

Article (3)

The right to claim compensation for damages arising from the aforementioned acts in this law shall not be subject to prescription.

Article (4)

This law shall enter into force from its date of issuance, and it shall be published in the Legal Register.

General People’s Congress – Libya

Issued in Sirte

On 13 June 1371 FDP