From Combating Illegal Migration to Prohibiting Settlement: The Transformation in Libyan Criminal Policy (A Critical Analytical Study)

Abstract

The Libyan criminal policy has witnessed a significant shift in addressing illegal migration, transitioning from the Anti-Illegal Migration Law No. (19) of 2010 to the Anti-Settlement Law No. (24) of 2023. This study aims to elucidate the nature and scope of this transformation, determining whether it represents a mere tightening of penalties or a fundamental shift in the protected legal interest and the philosophy of criminalization. Utilizing a critical analytical approach, the study examines the relevant legal texts and the legislative intent behind both statutes. Findings indicate that the legislator has shifted from a policy focused on border security and combating illegal entry to one aimed at protecting national identity and national security by preventing the permanent settlement of foreigners. This transition is reflected in the reconstruction of certain offenses based on the special intent of "settlement" and the introduction of legal presumptions for its proof. The study further identifies several legal and practical challenges arising from the overlapping application of these two legislative frameworks.