The Immunity of the Libyan Police Between Legal Regulation and Accountability: A Critical Review of Law No. 5 of 2018 and Its Amendments

Abstract

This scientific paper addresses the issue of legal immunity granted to members of the police force in Libya under Law No. 5 of 2018 on the Police Force, as amended by Law No. 6 of 2019 and Law No. 11 of 2023. The study aims to analyze the legal frameworks governing this immunity and assess their compatibility with the principle of the rule of law and the requirements of legal accountability—particularly regarding the procedural requirement of obtaining authorization from the competent minister before initiating criminal proceedings against a police officer. The study adopts a critical analytical approach, relying on an examination of relevant legal texts, comparing them with constitutional provisions and related international standards, and drawing on specialized academic literature. Functional immunity granted to police officers serves as a safeguard for them while performing their duties, but it may become a barrier to justice in the absence of clear regulatory controls. The paper recommends amending current provisions to ensure a balance between legal protection and effective accountability, while strengthening judicial oversight of decisions related to granting authorization for criminal prosecution.