Overview and context

Libya achieved independence from UN trusteeship in 1951.Libya is currently rebuilding from a violent civil war ignited in 2011. From September 2011, Libya operated under a transitional government following from the fall of Colonel Qaddafi’s regime and the United Nations’ recognition of the National Transitional Council as the legal representative of Libya. The legal system is similarly in a period of dynamic transition and is influenced by both state and non-state entities.

In 2011, the National Transitional Council adopted an interim Constitutional Declaration and, in 2013, elections were held for a 60-member Constitutional Assembly to draft a new constitution. Excessive violence resulted in only 47 members being elected to the body. Although the body was given 120 days to draft a new constitution from their first meeting, in April 2014, in light of continued unrest, it is anticipated that the process will take months.

Since July 2012, Libya has had an interim parliament, the General National Congress, composed of 200 members, which replaced the National Transitional Council in August 2012 as the representative of the Libyan people. Following popular elections in June 2014, a new 200-member parliament, the House of Representatives, was elected. The terms and future election dates are as yet undecided.