Libyan Law and Society

Libyan Law and Society

New Publication: Access to Justice in Libya from the Perspectives of Justice Providers

The Centre for Law and Society Studies at the University of Benghazi and the Van Vollenhoven Institute for Law, Governance and Society at Leiden University have published a new Arabic-language book titled Access to Justice in Libya from the Perspectives of Justice Providers. The volume is one of the principal outputs of the Access to Justice in Libya project (2021–2026).

The book is currently available only in Arabic. A separate English-language volume examining the provision of justice in Libya is planned for future publication.

The book presents the findings of the project’s second research phase, which shifted the focus from the experiences of justice seekers to the institutions responsible for providing justice. This phase sought to explain why some institutions established to deliver justice have struggled to do so promptly and satisfactorily. It examines their personnel, procedures, and approaches to dispute resolution, while identifying ways to address shortcomings and build on existing successes.

Preceded by a preface written by Project Director Suliman Ibrahim, the book is divided into two main sections.

Section I: Case Studies

The first section contains eleven case studies covering a diverse range of justice institutions across Libya:

• Ibrahim Al-Hudairi: The Public Prosecution Office in Sabha and the Challenges of Justice

• Jazia Shaiter: Public Lawyers as Guides on the Journey through Formal Justice: The Role of the Benghazi Branch in Cases of Spousal Violence

• Ghada Al-Habib: Assessing the Role of the Tripoli Public Lawyers Branch in Facilitating Access to Justice

• Ahmed Al-Radama: Access to Justice before Sabha District Court

• Al-Tahir Al-Hajj: The Journey to Justice between Customary Arbitration and Court Proceedings: West Zliten Primary Court as a Case Study

• Mutasim Al-Hatsh: Access to Justice before Ajdabiya Primary Court

• Tariq Al-Jamali: Access to Justice in Intentional Homicide Cases before the Criminal Chambers of the Benghazi Court of Appeal

• Ali Abu Ras: Access to Administrative Justice in Libya: The Tripoli Court of Appeal as a Case Study

• Ali Abu Ras: Access to Constitutional Justice: Assessing the Role of the Supreme Court

• Jazia Al-Mismari: The Administrative Control Authority and Its Role in Facilitating Access to Justice: The Benghazi Branch as a Case Study

• Abdulkarim Ali: Councils of Elders: Understanding the Role of Traditional Leaders in Delivering Justice—A Case Study of the Council of Elders in Shahat, Libya

Section II: Reflective Papers

The second section comprises five papers by senior legal academics and retired Supreme Court judges examining key aspects of Libya’s justice system:

• Al-Kouni Abouda: Administrative Committees Exercising Judicial Functions: The Libyan Experience

• Khalifa Al-Jahmi: Administrative Justice in Libya

• Jumaa Bouzeid: Personal Status Adjudication in Libya: Current Realities and Future Prospects, with Particular Reference to the Specialised Sharia Judiciary, 1958–1973

• Faraj Marouf: Facilitating Litigation Procedures and Reducing Delays in (Civil) Justice

• Mabrouk Al-Fakhri: Libya’s Criminal Judiciary: Past and Present

Broader Project Context

The book provides researchers, legal practitioners, and policymakers with the detailed empirical studies underpinning the project’s shorter reports. It complements the previously published Arabic volume Access to Justice from the Perspective of Justice Seekers, which presented case studies from the project’s first research phase.

To complement these qualitative findings, the project also conducted a nationally representative survey involving nearly 4,000 interviews. The survey examined the justiciable problems people encountered, the steps they took to address them, their experiences with justice institutions, the outcomes they obtained, and whether those outcomes were implemented.

English-Language Project Reports

Although the two books published to date are in Arabic, all the project’s outputs are available in English. These include the final report, which brings together the project’s principal findings and presents suggestions for a National Strategy for Access to Justice in Libya, the report on phase one on justice seekers, the report on the A2JiL survey, a research Guide, entitled "Doing socio-legal research on access to justice in the Arab world: a guide for researchers with a legal background and three policy briefs on the problems related to slowness of justice; on the role of public lawyers; and on the need for a National Strategy on Access to Justice in Libya.