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8388th Security Council Meeting: Situation in Libya
Outlining her continued activities to fight impunity for grave crimes committed since 2011 in Libya, the Chief Prosecutor of the International Criminal Court today asked the Security Council to back up its support with effective action, particularly regarding the arrest of outstanding fugitives from justice.
“I look forward to effective support and concrete action from this Council to ensure that our separate yet interlinked mandates can positively contribute to the cause of peace, stability and justice in Libya,” Fatou Bensouda said as she presented her sixteenth report on the issue to the 15-member organ.
Ms. Bensouda said that, despite previous appeals of Council members and concerted efforts of the Court, not one of those indicted for alleged crimes in the events of the 2011 Libya situation has been arrested. Mahmoud Mustafa Busayf al‑Werfalli, Saif al‑Islam Qadhafi and Al‑Tuhamy Mohamed Khaled remain at large, she said, warning that, in the absence of accountability, impunity will continue to reign in Libya, causing great suffering and instability.
In that context, she said her office continues to monitor criminal conduct carried out by members of armed groups in Libya who use violence to exert control over State institutions, commit serious human rights violations and exploit detainees in unregulated prisons and places of detention throughout the country. She added that she hopes to soon be able to apply for new arrest warrants for such crimes.
She also, she said, continued to receive evidence of alleged crimes committed against migrants transiting through Libya, including killings, sexual violence, torture and enslavement. Since her last report, her office has piloted new models of cooperation with interested States and law enforcement organizations to address criminal networks that operate in Libya and outside the country. She reported excellent cooperation from the United Nations Support Mission in Libya (UNSMIL) and Libya’s Prosecutor General’s office in that regard.
Following the briefing, most Council members expressed support for the Court’s work in Libya under resolution 1970 (2011), agreeing that ending impunity for grave crimes was necessary to consolidate stability in the troubled country. In that context, most speakers also underlined the need to for support to the Government of National Unity in its efforts to end factional fighting, restore the rule of law and combat terrorism, welcoming UNSMIL’s role in that regard.
The representative of the United States, in that context, pointed to his country’s efforts to sanction individuals who threaten stability in Libya, while France’s representative called for the Council to impose specific measures on traffickers who violate the human rights of migrants.
In considering crimes against migrants, the representative of the Russian Federation urged that the Court focus more on criminal structures that have taken root in destination countries in Europe. He also regretted that the Prosecutor’s report fails to provide the names of armed groups involved in the escalation of violence in Libya. Given the slow progress in investigations, he said the Council should think about making changes to the regularity of its briefings on the country, he added.
Other speakers, however, underlined the need for greater support from the international community to accelerate progress in the Prosecutor’s investigations and facilitate the arrests of fugitives. The representative of Bolivia urged States that are not parties to the Rome Statute to do so to ensure they provided adequate funding and other support for that purpose.
Libya’s representative said his country is cooperating with the Court fully; the delay in bringing individuals to justice was due to the security situation. He maintained that the national legal system has prosecuted many accused, but for justice to be fully served, the country has to be supported in its efforts to bring about peace and fight terrorism. It is also important to respect the Rome Statute’s principle of complementarity with national jurisdiction. Libya’s authorities, he assured the Council, are seeking to prosecute perpetrators of all grave crimes and to work in favour of victims.
Also speaking today were representatives of the United Kingdom, Poland, Côte d’Ivoire, Peru, Kazakhstan, Kuwait, Sweden, Netherlands, Equatorial Guinea, Ethiopia and China.
The meeting began at 10 a.m. and ended at 11:34 a.m.
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