Note: Owing to the liquidity crisis and the current COVID-19 pandemic impacting our Organization, only a partial summary of statements made in today’s meeting of the Security Council is available at this time. The complete summary will be issued later as Press Release SC/14522.
Statement by Fatou Bensouda, Prosecutor of the International Criminal Court, to come.
The representative of Saint Vincent and the Grenadines said that, as a critical component of the multilateral system, the International Criminal Court remains a bastion of hope and justice and is integral to Libya’s transformation. Cooperation is a central tenet of the Court’s Rome Statute, and States parties are required to fulfil their obligations under international law. More specifically, she said, Council resolution 1970 (2011) obliges all members of the United Nations to cooperate with the Court on Libya. Welcoming cooperation between the Government of National Unity and the Court, she stressed that the international community “cannot afford to lose any momentum”. She emphasized the equally important principle of complementarity, noting that the Court’s jurisdiction is only invoked when States are unable or unwilling to prosecute those accused of committing the most serious crimes of concern to the international community. Voicing concern, in that context, that several of the Court’s arrest warrants related to Libya remain outstanding, she called on both State and non-State parties to assist in apprehending or securing the surrender of fugitives. It is also essential that the reported deaths of Mahmoud Mustafa Busayf al-Werfalli and Al-Tuhamy Mohamed Khaled are verified, she said.
The representative of the Russian Federation noted the significant progress made in Libya’s political situation, and expressed hope that the country’s new Executive Branch will be able to hold elections, set up new armed forces and deal with a range of additional challenges. Turning to the Prosecutor’s latest report, he said her office seems to be taking aim at the country’s armed forces and turning a blind eye to crimes committed by others. What is most important now is to push forward national reconciliation. “We do not think the [International Criminal Court] has a useful role to play in this process,” he stressed.
The representative of Ireland said that, a decade after the adoption of resolution 1970 (2011), not a single International Criminal Court arrest warrant has been executed with respect to the situation in Libya. “We are deeply concerned at the continued lack of cooperation with the Court,” she said, urging Member States to execute those warrants, whether they are or are not States parties to the Rome Statute. The reported deaths of two fugitives lends truth to the maxim that justice delayed is justice denied, she added, urging Libya to arrest Saif al-Islam Gaddafi and surrender him to the Court. She went on to urge all parties to comply with their obligations under international humanitarian law and international human rights law as they move towards full implementation of the ceasefire agreement.
The representative of the United States noted that President Joseph R. Biden recently lifted the sanctions his Government had previously, and inappropriately, imposed on the Prosecutor and other staff, expressing his hope that the change will help return to a time of cooperation between the Court and Washington, D.C. Voicing alarm over reports of human rights abuses and indiscriminate killings in Libya, he stressed: “We need to document these abuses and do something about them.” To that end, he expressed support for the creation of a new international fact-finding mission which must be granted free access to inspect and investigate mass graves and other potential evidence. Former senior officials of the Qadhaffi regime who are fugitives of the Court must face justice. As such, any individual, group or country providing them with refuge should alert the Court and immediately facilitate their transfer, and the Council should take long-overdue action in identifying malign actors. “Victims and survivors deserve justice, and accountability will deliver a powerful deterrent message,” he stressed, adding that external actors, including foreign fighters and mercenaries in Libya, must immediately cease their actions and withdraw from the country, and all support provided to them by outside actors must end.
The representative of India, noting that his country is not a party to the Rome Statute, said that a number of acquittals at the International Criminal Court in recent years have cast a shadow on its credibility, substantiating the view that the Court may not serve the purpose of justice when cases or situations are referred to it for political reasons. India is encouraged that the ceasefire in Libya is largely holding up and that the Government of National Unity is moving ahead with purpose, but spoilers could still hinder progress towards peace and stability. The ceasefire agreement of 23 October 2020 must be implemented in full, he said, expressing concern over foreign fighters and mercenaries, as well as violations of the arms embargo. He went on to underscore India’s traditionally close and mutually beneficial ties with Libya.
The representative of the United Kingdom urged the Government of National Unity to continue to cooperate with both the Court and the United Nations, while echoing calls for the withdrawal of all foreign forces and mercenaries from Libyan territory. Pointing out that crimes committed by such forces may fall under the Court’s auspices, he condemned all assassinations and attacks against human rights defenders and called for their swift investigation. He also sounded alarm over the reported use of violence against refugees and migrants, including torture and murder, by armed groups. The Government should take note of the Court’s report and take action, addressing violence being committed against women and girls in particular. Civilians must be protected in conflict, he stressed, noting that those responsible for crimes committed against them must be held to account. The alleged killing of Mr. Walfali illustrates the continued climate of impunity, he added, calling on all countries — including both States and non-States parties to the Rome Statute — to cooperate with outstanding warrants of fugitives wanted by the Court.
The representative of Kenya said that accountability and justice in Libya must go hand in hand with responding to the suffering of vulnerable groups, whose rights must be protected. However, efforts to achieve sustainable peace and stability will remain shaky unless there is space for a truly Libyan-led and Libyan-owned peace process. All foreign fighters and mercenaries must leave Libya, the ceasefire agreement fully implemented and the arms embargo respected. She urged the Libyan people to seek local solutions through dialogue from the grass‑roots to the highest political levels. Libya should also strive to investigate and prosecute suspected grave crimes carried out within its borders, with the International Criminal Court playing a complementary role.
The representative of Tunisia voiced his hope that the recent positive developments will help improve the situation in Libya. He underscored the need for international partners to work together to support the implementation of the country’s ceasefire agreement and arms embargo, while welcoming the work of the International Criminal Court’s Chief Prosecutor and looking forward to her cooperative efforts to verify the deaths, and causes of death, of Mahmoud Mustafa Busayf al-Werfalli and Al-Tuhamy Mohamed Khaled. Efforts to ensure accountability for crimes committed in Libya must be based on constructive dialogue, he said, underscoring the urgent need to build the capacities of the new Libyan authorities.
The representative of France said that fighting impunity is key and that the Government of National Unity must cooperate fully with both the International Criminal Court and the United Nations Support Mission in Libya (UNSMIL). Access to all Libyan territory must be guaranteed to ensure independent, impartial and credible investigations, and full light must be shed on atrocities committed in Tarhouna, south-east of Tripoli. France remains deeply concerned about the non‑execution of Court arrest warrants, she said, urging all States — whether they are parties to the Rome Statute or not — to cooperate fully with the Court and its Prosecutor. Crimes committed by Islamic State in Iraq and the Levant (ISIL/Da’esh), as well as those involving migrants and refugees, must also be investigated and prosecuted. Intensified cooperation between the Court and the Libyan courts, while respecting the principle of complementarity, must be supported. Fighting impunity also depends on progress on the political front, she said, calling also for the withdrawal of foreign forces and mercenaries and for strict compliance with the arms embargo.
The representative of Norway, underscoring his country’s staunch support for the International Criminal Court, said that the ceasefire in Libya, while holding, is fragile. Norway is deeply concerned about reports of murder, forced disappearances, arbitrary detention, torture and sexual and gender-based violence. Summary sentencing and secret trials must end, and the Government must investigate and prosecute those responsible while also cooperating fully with the Court. The Libyan authorities must allow access to detention centres and other places where serious crimes may have been committed. In addition, sanctions should be used — where relevant and appropriate — to counter sexual and gender-based violence. “It is troubling and highly regrettable that the three arrest warrants issued by the Court have still not been executed,” she said, noting reports that one or two of the fugitives may now be deceased. All States must ensure that those wanted by the Court are surrendered. For its part, the Council cannot remain indifferent to the lack of cooperation reported by the Prosecutor. It must assume its responsibilities and explore every possible way to support the Court. She went on to welcome the decision by the United States to lift sanctions against Court officials.
…
