Voltaire Network

UN Resolution 1970 imposing sanctions on Libya

| New York (USA)
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Ibrahim O. A. Dabbashi (Libya)

“The Security Council,

“Expressing grave concern at the situation in the Libyan Arab Jamahiriya and condemning the violence and use of force against civilians,

“Deploring the gross and systematic violation of human rights, including the repression of peaceful demonstrators, expressing deep concern at the deaths of civilians, and rejecting unequivocally the incitement to hostility and violence against the civilian population made from the highest level of the Libyan government,

“Welcoming the condemnation by the Arab League, the African Union, and the Secretary General of the Organization of the Islamic Conference of the serious violations of human rights and international humanitarian law that are being committed in the Libyan Arab Jamahiriya,

“Taking note of the letter to the President of the Security Council from the Permanent Representative of the Libyan Arab Jamahiriya dated 26 February 2011,

“Welcoming the Human Rights Council resolution A/HRC/S-15/2 of 25 February 2011, including the decision to urgently dispatch an independent international commission of inquiry to investigate all alleged violations of international human rights law in the Libyan Arab Jamahiriya, to establish the facts and circumstances of such violations and of the crimes perpetrated, and where possible identify those responsible,

“Considering that the widespread and systematic attacks currently taking place in the Libyan Arab Jamahiriya against the civilian population may amount to crimes against humanity,

“Expressing concern at the plight of refugees forced to flee the violence in the Libyan Arab Jamahiriya,

“Expressing concern also at the reports of shortages of medical supplies to treat the wounded,

“Recalling the Libyan authorities’ responsibility to protect its population, “Underlining the need to respect the freedoms of peaceful assembly and of expression, including freedom of the media,

“Stressing the need to hold to account those responsible for attacks, including by forces under their control, on civilians,

“Recalling article 16 of the Rome Statute under which no investigation or prosecution may be commenced or proceeded with by the International Criminal Court for a period of 12 months after a Security Council request to that effect,

“Expressing concern for the safety of foreign nationals and their rights in the Libyan Arab Jamahiriya,

“Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of the Libyan Arab Jamahiriya.

“Mindful of its primary responsibility for the maintenance of international peace and security under the Charter of the United Nations,

“Acting under Chapter VII of the Charter of the United Nations, and taking measures under its Article 41,

“1. Demands an immediate end to the violence and calls for steps to fulfil the legitimate demands of the population;

“2. Urges the Libyan authorities to:

(a) Act with the utmost restraint, respect human rights and international humanitarian law, and allow immediate access for international human rights monitors;

(b) Ensure the safety of all foreign nationals and their assets and facilitate the departure of those wishing to leave the country;

(c) Ensure the safe passage of humanitarian and medical supplies, and humanitarian agencies and workers, into the country; and

(d) Immediately lift restrictions on all forms of media;

“3. Requests all Member States, to the extent possible, to cooperate in the evacuation of those foreign nationals wishing to leave the country;

ICC referral

“4. Decides to refer the situation in the Libyan Arab Jamahiriya since 15 February 2011 to the Prosecutor of the International Criminal Court;

“5. Decides that the Libyan authorities shall cooperate fully with and provide any necessary assistance to the Court and the Prosecutor pursuant to this resolution and, while recognizing that States not party to the Rome Statute have no obligation under the Statute, urges all States and concerned regional and other international organizations to cooperate fully with the Court and the Prosecutor;

“6. Decides that nationals, current or former officials or personnel from a State outside the Libyan Arab Jamahiriya which is not a party to the Rome Statute of the International Criminal Court shall be subject to the exclusive jurisdiction of that State for all alleged acts or omissions arising out of or related to operations in the Libyan Arab Jamahiriya established or authorized by the Council, unless such exclusive jurisdiction has been expressly waived by the State;

“7. Invites the Prosecutor to address the Security Council within two months of the adoption of this resolution and every six months thereafter on actions taken pursuant to this resolution;

“8. Recognizes that none of the expenses incurred in connection with the referral, including expenses related to investigations or prosecutions in connection with that referral, shall be borne by the United Nations and that such costs shall be borne by the parties to the Rome Statute and those States that wish to contribute voluntarily;

Arms embargo

“9. Decides that all Member States shall immediately take the necessary measures to prevent the direct or indirect supply, sale or transfer to the Libyan Arab Jamahiriya, from or through their territories or by their nationals, or using their flag vessels or aircraft, of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, and technical assistance, training, financial or other assistance, related to military activities or the provision, maintenance or use of any arms and related materiel, including the provision of armed mercenary personnel whether or not originating in their territories, and decides further that this measure shall not apply to:

(a) Supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, as approved in advance by the Committee established pursuant to paragraph 24 below;

(b) Protective clothing, including flak jackets and military helmets, temporarily exported to the Libyan Arab Jamahiriya by United Nations personnel, representatives of the media and humanitarian and development works and associated personnel, for their personal use only; or

(c) Other sales or supply of arms and related materiel, or provision of assistance or personnel, as approved in advance by the Committee;

“10. Decides that the Libyan Arab Jamahiriya shall cease the export of all arms and related materiel and that all Member States shall prohibit the procurement of such items from the Libyan Arab Jamahiriya by their nationals, or using their flagged vessels or aircraft, and whether or not originating in the territory of the Libyan Arab Jamahiriya;

“11. Calls upon all States, in particular States neighbouring the Libyan Arab Jamahiriya, to inspect, in accordance with their national authorities and legislation and consistent with international law, in particular the law of the sea and relevant international civil aviation agreements, all cargo to and from the Libyan Arab Jamahiriya, in their territory, including seaports and airports, if the State concerned has information that provides reasonable grounds to believe the cargo contains items the supply, sale, transfer, or export of which is prohibited by paragraphs 9 or 10 of this resolution for the purpose of ensuring strict implementation of those provisions;

“12. Decides to authorize all Member States to, and that all Member States shall, upon discovery of items prohibited by paragraph 9 or 10 of this resolution, seize and dispose (such as through destruction, rendering inoperable, storage or transferring to a State other than the originating or destination States for disposal) items the supply, sale, transfer or export of which is prohibited by paragraph 9 or 10 of this resolution and decides further that all Member States shall cooperate in such efforts;

“13. Requires any Member State when it undertakes an inspection pursuant to paragraph 11 above, to submit promptly an initial written report to the Committee containing, in particular, explanation of the grounds for the inspections, the results of such inspections, and whether or not cooperation was provided, and, if prohibited items for transfer are found, further requires such Member States to submit to the Committee, at a later stage, a subsequent written report containing relevant details on the inspection, seizure, and disposal, and relevant details of the transfer, including a description of the items, their origin and intended destination, if this information is not in the initial report;

“14. Encourages Member States to take steps to strongly discourage their nationals from travelling to the Libyan Arab Jamahiriya to participate in activities on behalf of the Libyan authorities that could reasonably contribute to the violation of human rights;

Travel ban

“15. Decides that all Member States shall take the necessary measures to prevent the entry into or transit through their territories of individuals listed in Annex I of this resolution or designated by the Committee established pursuant to paragraph 24 below, provided that nothing in this paragraph shall oblige a State to refuse its own nationals entry into its territory;

“16. Decides that the measures imposed by paragraph 15 above shall not apply:

(a) Where the Committee determines on a case-by-case basis that such travel is justified on the grounds of humanitarian need, including religious obligation;

(b) Where entry or transit is necessary for the fulfilment of a judicial process;

(c) Where the Committee determines on a case-by-case basis that an exemption would further the objectives of peace and national reconciliation in the Libyan Arab Jamahiriya and stability in the region; or

(d) Where a State determines on a case-by-case basis that such entry or transit is required to advance peace and stability in the Libyan Arab Jamahiriya and the States subsequently notifies the Committee within forty-eight hours after making such a determination;

Asset freeze

“17. Decides that all Member States shall freeze without delay all funds, other financial assets and economic resources which are on their territories, which are owned or controlled, directly or indirectly, by the individuals or entities listed in Annex II of this resolution or designated by the Committee established pursuant to paragraph 24 below, or by individuals or entities acting on their behalf or at their direction, or by entities owned or controlled by them, and decides further that all Member States shall ensure that any funds, financial assets or economic resources are prevented from being made available by their nationals or by any individuals or entities within their territories, to or for the benefit of the individuals or entities listed in Annex II of this resolution or individuals designated by the Committee;

“18. Expresses its intention to ensure that assets frozen pursuant to paragraph 17 shall at a later stage be made available to and for the benefit of the people of the Libyan Arab Jamahiriya;

“19. Decides that the measures imposed by paragraph 17 above do not apply to funds, other financial assets or economic resources that have been determined by relevant Member States:

(a) To be necessary for basic expenses, including payment for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges or exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services in accordance with national laws, or fees or service charges, in accordance with national laws, for routine holding or maintenance of frozen funds, other financial assets and economic resources, after notification by the relevant State to the Committee of the intention to authorize, where appropriate, access to such funds, other financial assets or economic resources and in the absence of a negative decision by the Committee within five working days of such notification;

(b) To be necessary for extraordinary expenses, provided that such determination has been notified by the relevant State or Member States to the Committee and has been approved by the Committee; or

(c) To be the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds, other financial assets and economic resources may be used to satisfy that lien or judgment provided that the lien or judgment was entered into prior to the date of the present resolution, is not for the benefit of a person or entity designated pursuant to paragraph 17 above, and has been notified by the relevant State or Member States to the Committee;

“20. Decides that Member States may permit the addition to the accounts frozen pursuant to the provisions of paragraph 17 above of interests or other earnings due on those accounts or payments due under contracts, agreements or obligations that arose prior to the date on which those accounts became subject to the provisions of this resolution, provided that any such interest, other earnings and payments continue to be subject to these provisions and are frozen;

“21. Decides that the measures in paragraph 17 above shall not prevent a designated person or entity from making payment due under a contract entered into prior to the listing of such a person or entity, provided that the relevant States have determined that the payment is not directly or indirectly received by a person or entity designated pursuant to paragraph 17 above, and after notification by the relevant States to the Committee of the intention to make or receive such payments or to authorize, where appropriate, the unfreezing of funds, other financial assets or economic resources for this purpose, 10 working days prior to such authorization;

Designation criteria

“22. Decides that the measures contained in paragraphs 15 and 17 shall apply to the individuals and entities designated by the Committee, pursuant to paragraph 24 (b) and (c), respectively;

(a) Involved in or complicit in ordering, controlling, or otherwise directing, the commission of serious human rights abuses against persons in the Libyan Arab Jamahiriya, including by being involved in or complicit in planning, commanding, ordering or conducting attacks, in violation of international law, including aerial bombardments, on civilian populations and facilities; or

(b) Acting for or on behalf of or at the direction of individuals or entities identified in subparagraph (a).

“23. Strongly encourages Member States to submit to the Committee names of individuals who meet the criteria set out in paragraph 22 above;

New Sanctions Committee

“24. Decides to establish, in accordance with rule 28 of its provisional rules of procedure, a Committee of the Security Council consisting of all the members of the Council (herein "the Committee"), to undertake to following tasks:

(a) To monitor implementation of the measures imposed in paragraphs 9, 10, 15, and 17;

(b) To designate those individuals subject to the measures imposed by paragraphs 15 and to consider requests for exemptions in accordance with paragraph 16 above;

(c) To designate those individuals subject to the measures imposed by paragraph 17 above and to consider requests for exemptions in accordance with paragraphs 19 and 20 above;

(d) To establish such guidelines as may be necessary to facilitate the implementation of the measures imposed above;

(e) To report within thirty days to the Security Council on its work for the first report and thereafter to report as deemed necessary by the Committee;

(f) To encourage a dialogue between the Committee and interested Member States, in particular those in the region, including by inviting representatives of such States to meet with the Committee to discuss implementation of the measures;

(g) To seek from all States whatever information it may consider useful regarding the actions taken by them to implement effectively the measures imposed above;

(h) To examine and take appropriate action on information regarding alleged violations or non-compliance with the measures contained in this resolution;

“25. Calls upon all Member States to report to the Committee within 120 days of the adoption of this resolution on the steps they have taken with a view to implementing effectively paragraphs 9, 10, 15 and 17 above;

Humanitarian assistance

“26. Calls upon all Member States, working together and acting in cooperation with the Secretary General, to facilitate and support the return of humanitarian agencies and make available humanitarian and related assistance in the Libyan Arab Jamahiriya, and requests the States concerned to keep the Security Council regularly informed on the progress of actions undertaken pursuant to this paragraph, and expresses its readiness to consider taking additional appropriate measures, as necessary, to achieve this;

Commitment to review

“27. Affirms that it shall keep the Libyan authorities’ actions under continuous review and that it shall be prepared to review the appropriateness of the measures contained in this resolution, including the strengthening, modification, suspension or lifting of the measures, as may be needed at any time in light of the Libyan authorities’ compliance with relevant provisions of this resolution;

“28. Decides to remain actively seized of the matter.”

Annex I

Travel ban

1. Al-Baghdadi, Dr Abdulqader Mohammed
Passport number: B010574. Date of birth: 01/07/1950.
Head of the Liaison Office of the Revolutionary Committees. Revolutionary Committees involved in violence against demonstrators.

2. Dibri, Abdulqader Yusef
Date of birth: 1946. Place of birth: Houn, Libya.
Head of Muammar Qadhafi’s personal security. Responsibility for regime security. History of directing violence against dissidents.

3. Dorda, Abu Zayd Umar
Director, External Security Organisation. Regime loyalist. Head of external intelligence agency.

4. Jabir, Major General Abu Bakr Yunis
Date of birth: 1952. Place of birth: Jalo, Libya.
Defence Minister. Overall responsibility for actions of armed forces.

5. Matuq, Matuq Mohammed
Date of birth: 1956. Place of birth: Khoms.
Secretary for Utilities. Senior member of regime. Involvement with Revolutionary Committees. Past history of involvement in suppression of dissent and violence.

6. Qadhaf Al-dam, Sayyid Mohammed
Date of birth: 1948. Place of birth: Sirte, Libya.
Cousin of Muammar Qadhafi. In the 1980s, Sayyid was involved in the dissident assassination campaign and allegedly responsible for several deaths in Europe. He is also thought to have been involved in arms procurement.

7. Qadhafi, Aisha Muammar
Date of birth: 1978. Place of birth: Tripoli, Libya.
Daughter of Muammar Qadhafi. Closeness of association with regime.

8. Qadhafi, Hannibal Muammar
Passport number: B/002210. Date of birth: 20/09/1975. Place of birth: Tripoli, Libya.
Son of Muammar Qadhafi. Closeness of association with regime.

9. Qadhafi, Khamis Muammar
Date of birth: 1978. Place of birth: Tripoli, Libya.
Son of Muammar Qadhafi. Closeness of association with regime. Command of military units involved in repression of demonstrations.

10. Qadhafi, Mohammed Muammar
Date of birth: 1970. Place of birth: Tripoli, Libya.
Son of Muammar Qadhafi. Closeness of association with regime.

11. Qadhafi, Muammar Mohammed Abu Minyar
Date of birth: 1942. Place of birth: Sirte, Libya.
Leader of the Revolution, Supreme Commander of Armed Forces.
Responsibility for ordering repression of demonstrations, human rights abuses.

12. Qadhafi, Mutassim
Date of birth: 1976. Place of birth: Tripoli, Libya.
National Security Adviser. Son of Muammar Qadhafi. Closeness of association with regime.

13. Qadhafi, Saadi
Passport number: 014797. Date of birth: 25/05/1973. Place of birth: Tripoli, Libya.
Commander Special Forces. Son of Muammar Qadhafi. Closeness of association with regime. Command of military units involved in repression of demonstrations.

14. Qadhafi, Saif al-Arab
Date of birth: 1982. Place of birth: Tripoli, Libya.
Son of Muammar Qadhafi. Closeness of association with regime.

15. Qadhafi, Saif al-Islam
Passport number: B014995. Date of birth: 25/06/1972. Place of birth: Tripoli, Libya.
Director, Qadhafi Foundation. Son of Muammar Qadhafi. Closeness of association with regime. Inflammatory public statements encouraging violence against demonstrators.

16. Al-Senussi, Colonel Abdullah
Date of birth: 1949. Place of birth: Sudan.
Director Military Intelligence. Military Intelligence involvement in suppression of demonstrations. Past history includes suspicion of involvement in Abu Selim prison massacre. Convicted in absentia for bombing of UTA flight. Brother-in-law of Muammar Qadhafi.

Annex II

Asset freeze

1. Qadhafi, Aisha Muammar
Date of birth: 1978. Place of birth: Tripoli, Libya.
Daughter of Muammar Qadhafi. Closeness of association with regime.

2. Qadhafi, Hannibal Muammar
Passport number: B/002210. Date of birth: 20/09/1975. Place of birth: Tripoli, Libya.
Son of Muammar Qadhafi. Closeness of association with regime.

3. Qadhafi, Khamis Muammar
Date of birth: 1978. Place of birth: Tripoli, Libya.
Son of Muammar Qadhafi. Closeness of association with regime. Command of military units involved in repression of demonstrations.

4. Qadhafi, Muammar Mohammed Abu Minyar
Date of birth: 1942. Place of birth: Sirte, Libya.
Leader of the Revolution, Supreme Commander of Armed Forces.
Responsibility for ordering repression of demonstrations, human rights abuses.

5. Qadhafi, Mutassim
Date of birth: 1976. Place of birth: Tripoli, Libya.
National Security Adviser. Son of Muammar Qadhafi. Closeness of association with regime.

6. Qadhafi, Saif al-Islam
Passport number: B014995. Date of birth: 25/06/1972. Place of birth: Tripoli, Libya.
Director, Qadhafi Foundation. Son of Muammar Qadhafi. Closeness of association with regime. Inflammatory public statements encouraging violence against demonstrators.

6490st meeting, 25 February

The President (Mrs. Viotti, Brazil): Under rule 37 of the Council’s provisional rules of procedure, I should like to invite the representative of the Libyan Arab Jamahiriya to participate in this meeting.

(…)

Mr. Shalgham (Libyan Arab Jamahiriya) (spoke in Arabic): Allow me, at the outset, to express our gratitude to you, Madame President, for calling this meeting on the situation in my country and the events unfolding there. I would also like to commend the Secretary-General for his concern about the situation in my country.

Pol Pot, head of the Khmer Rouge in Cambodia, was asked why he executed one third of his people. He said he did it because of the people. Before invading the Soviet Union, Hitler recalled Rommel from Libya and told him, “General, I intend to invade the Soviet Union”. Rommel told him, “Operation Barbarossa will cost us 2 million lives”. Hitler responded, “What does it matter if 2 million Germans die in service to the glory of the Führer?”

What is taking place in the Libyan Arab Jamahiriya is indeed very dangerous. On 15 February, a group of peaceful civilians protested, calling for the release of a lawyer named Tarbel who was representing the families of 2,000 prisoners who were killed in the Abu Salim prison in 1996. This group faced gunfire aimed at their heads and chests, as if the soldiers who opened fire did not know that human beings have heads, hearts and legs, or that there are other parts than can be shot at, that there are such things as tear gas bombs or roadblocks that can contain demonstrations.

Libyans are asking for democracy; they are asking for progress; they are asking for freedom; and they are asking for their rights. They demonstrated peacefully. They did not throw a single stone. They were killed. What did Brother Muammar Al-Qadhafi say? He said that these people were using hallucinogens. These tens of thousands of people would need mountains of such pills to lose their minds in such a way. One million turned out in Benghazi yesterday. A pile of pills the size of the Akhdar Mountains would not be enough for that many people.

Muammar Al-Qadhafi and his sons are telling Libyans: “Either I rule you or I kill you”. That much is clear this evening after dozens of our brothers were killed in Tajura and in eastern Tripoli. He gave a speech to a crowd of children who were brought in from asylums and soldiers dressed in civilian clothes. He told them “I will burn Libya; I will distribute arms to the tribes. Libya will run red with blood”. Is this for glory, or is it for the people? Muammar Al-Qadhafi cannot give a single weapon to any person in Libya, because they will not be used for him, they will be used against him.

I regret being in this position. The first time I heard Muammar Al-Qadhafi, he was addressing a secondary school, in the south, in 1959. He was talking about how he wanted freedom for the Congo. In 1960, I listened to him denounce the French nuclear tests in Algeria. In 1961, I listened to him speak out against the separation of Syria and Egypt. Today, I listened to him telling his people “Either I rule over you or I destroy you.”

Fear not, Libya is united. Libya will remain united. Libya will be a progressive State. But I say to my brother Al-Qadhafi, leave the Libyans alone. However many of these steadfast people you kill — these people that offered up half of their own numbers to fight Mussolini and Graziani, and this when they were barefoot, hungry and poor — they will not surrender. Libyans will not surrender. Omar Mukhtar said it best: “We will not surrender. Either we achieve victory or we die.” We will not surrender. Victory, or death.

When I was a member of the Security Council, representing my country, I talked openly about the murders we saw in Gaza. Muammar Al-Qadhafi said they were followers of Bin Laden. I ask my brother, “Is a six-month-old child who was killed a follower of Bin Laden?” Libya was established by a resolution of the United Nations. Please, United Nations, save Libya. No to bloodshed. No to the killing of innocents. We want a swift, decisive and courageous resolution.

The President: There are no other speakers inscribed on my list.

I now invite Council members to informal consultations to continue our discussion on the subject.

The meeting rose at 3.40 p.m.

6490st meeting, 25 February

The President: Under rule 37 of the Council’s provisional rules of procedure, I should like to invite the representative of the Libyan Arab Jamahiriya to participate in this meeting.

I wish to welcome the presence at this meeting of the Secretary-General, His Excellency Mr. Ban Ki-moon.

The Security Council will now begin its consideration of the item on its agenda.

Members of the Council have before them document S/2011/95, which contains the text of a draft resolution submitted by Bosnia and Herzegovina, Colombia, France, Gabon, Germany, Lebanon, Nigeria, Portugal, South Africa, the United Kingdom of Great Britain and Northern Ireland and the United States of America.

It is my understanding that the Council is ready to proceed to the vote on the draft resolution before it.

I shall put the draft resolution to the vote now.

A vote was taken by show of hands.
In favour:
Bosnia and Herzegovina, Brazil, China, Colombia, France, Gabon, Germany, India, Lebanon, Nigeria, Portugal, Russian Federation, South Africa, United Kingdom of Great Britain and Northern Ireland, United States of America

The President: The draft resolution received 15 votes in favour. The draft resolution has been adopted unanimously as resolution 1970 (2011).

I shall now give the floor to members who wish to make statements following the voting.

Sir Mark Lyall Grant (United Kingdom): The British Government welcomes the unanimous adoption of Security Council resolution 1970 (2011). The United Kingdom presented the text of this resolution because of our grave concern about the appalling situation in Libya. The violence we have seen and the incitement to further violence by Colonel Al-Qadhafi are totally unacceptable, and my Government has expressed its profound condemnation of them.

Today’s resolution demands an immediate end to violence and repression, full respect for human rights and international law, and accountability for those responsible for the violence. It gives practical effect to those demands through travel bans, asset freezes, an arms embargo and immediate referral to the International Criminal Court.

The adoption of resolution 1970 (2011) by all 15 members of the Council is a powerful signal of the determination of the international community to stand with the people of Libya and defend their right to determine their own future.

Mr. Hardeep Singh Puri (India): I take the floor to state that India has been following with serious concern the developments in Libya, which have resulted in the loss of numerous lives and injuries to many more. We deplore the use of force, which is totally unacceptable. We earnestly hope that calm and stability will be restored at the earliest without any further violence.

We also have concerns about the safety of Indian nationals and their assets in Libya. We urge the authorities there to ensure their safety and welfare and facilitate the departure of those desirous of leaving the country.

India is not a member of the International Criminal Court. Of the 192 Members of the United Nations, only 114 are members of the International Criminal Court. Five of the 15 members of the Council, including three permanent members, are not parties to the Rome Statute. Moreover, we would have preferred a calibrated and gradual approach. However, we note that several members of the Council, including our colleagues from Africa and the Middle East, believe that referral to the Court would have the effect of an immediate cessation of violence and the restoration of calm and stability. The letter from the Permanent Representative of Libya of 26 February addressed to you, Madame President, has called for such a referral and strengthened this view. We have therefore gone along with the consensus in the Council.

In this context, we draw attention to paragraph 6 of the resolution, concerning national from countries not parties to the Rome Statute. Similarly, in its preambular portion, the resolution also recalls article 16 of the Rome Statute, under which no investigation or prosecution may be commenced or proceeded with by the International Criminal Court for a period of 12 months after the Security Council request to that effect.

Mr. Sangqu (South Africa): South Africa remains deeply concerned at the deteriorating situation in Libya, which has resulted in untold atrocities and countless loss in civilian lives. The Libyan people, joined by the rest of the international community, have been calling for an end to this indiscriminate use of force. Echoing that call, the Libyan delegation, appearing before the Council yesterday, pleaded for “a swift, decisive and courageous resolution” to put an end to the bloodshed and killing of innocent people” (see S/PV.6490). The Council has responded swiftly and resolutely to that call.

This unanimous resolution sends a clear and unambiguous message to the Libyan authorities to end the carnage against their people. Further, it complements the decision of the African Union Peace and Security Council, which strongly condemned the indiscriminate and excessive use of force against peaceful protesters and called upon the Libyan authorities to end forthwith all acts of violence, in accordance with international humanitarian and human rights law.

We are confident that the measures contained in this resolution will contribute to the long-term objective of bringing peace and stability to this sisterly nation. South Africa calls on the Government and people of Libya to seek a speedy and peaceful resolution to the current crisis, in accordance with the will of the Libyan people.

Mrs. Ogwu (Nigeria): We are indeed glad to have arrived at a decision point on the situation in Libya. Nigeria remains deeply concerned about the escalating violence, the inflammatory rhetoric and the deplorable loss of life we are witnessing in Libya. The African Union, the Organization of the Islamic Conference and the League of Arab States have all condemned the disproportionate use of force against civilians in Libya and have called for the immediate cessation of such violence.

It is therefore fitting that the Security Council has taken decisive action today to address the crisis. We support the package of sanctions in the resolution to the extent that their impact is targeted and does not exacerbate the burden upon Libyan citizens. We have taken into consideration the letter dated today from the Permanent Representative of Libya supporting the measures as we have proposed. We are further persuaded by the cries for help of the Libyan people.

In response to these calls for action, the comprehensive sanctions will deter individuals from supporting or otherwise assisting the regime. Moreover, the terms of the resolution will isolate those currently planning, coordinating and directing the atrocities.

Nigeria is satisfied that the resolution provides for the protection of civilians and respect for international humanitarian and human rights law. We believe that the full implementation of these measures will swiftly and effectively address the ongoing crisis.

Ms. Rice (United States of America): When atrocities are committed against innocents, the international community must speak with one voice and today, it has. Tonight, acting under Chapter VII, the Security Council has come together to condemn the violence, pursue accountability and adopt biting sanctions targeting Libya’s unrepentant leadership. This is a clear warning to the Libyan Government that it must stop the killing. Those who slaughter civilians will be held personally accountable. The international community will not tolerate violence of any sort against the Libyan people by their Government or security forces.

Resolution 1970 (2011) is a strong resolution. It includes a travel ban and an assets freeze for key Libyan leaders. It imposes a complete arms embargo on Libya. It takes new steps against the use of mercenaries by the Libyan Government to attack its own people. And, for the first time ever, the Security Council has unanimously referred an egregious human rights situation to the International Criminal Court.

As President Obama said today, when a leader’s only means of staying in power is to use mass violence against its own people, he has lost the legitimacy to rule and needs to do what is right for his country, by leaving now.

The protests in Libya are being driven by the people of Libya. This is about people’s ability to shape their own future, wherever they may be. It is about human rights and fundamental freedoms. The Security Council has acted today to support the Libyan people’s universal rights. These rights are not negotiable. They cannot be denied. Libya’s leaders will be held accountable for violating these rights and for failing to meet their most basic responsibilities to their people.

Mr. Salam (Lebanon) (spoke in Arabic): The Council of the League of Arab States held an emergency meeting on 22 February to discuss the situation in the Libyan Arab Jamahiriya. At the conclusion of that meeting, the Council denounced the crimes committed against the peaceful popular protests and demonstrations taking place in several Libyan cities and in the capital, Tripoli. It also expressed its profound condemnation of the acts of violence committed against civilians, especially the use of foreign mercenaries, live ammunition, heavy weapons and other methods against the demonstrators, all of which are grave violations of human rights and international humanitarian law.

The Council also called for an immediate halt to all acts of violence, a resort to national dialogue, a response to the legitimate demands of the Libyan people and respect for their rights to demonstrate and exercise their freedom of expression, so as to prevent further bloodshed, preserve peace, the territorial integrity of Libya and civil order and ensure the safety of Libyan citizens.

When the Libyan authorities did not respond to that call, Lebanon decided — in line with the Arab consensus, the African Union statement of 23 February and the position of the Secretary General of the Organization of the Islamic Conference — to vote in favour of this resolution.

On this occasion, as we did at the headquarters of the League of Arab States, Lebanon would like to reaffirm the importance of defending Libya’s territorial integrity and the unity of its people. Lebanon proudly salutes those who were martyred while exercising their freedom of expression in Libya. We also express our deep condolences for the hundreds killed and thousands injured among the Arab Libyan people.

Mr. Churkin (Russian Federation) (spoke in Russian): The Russian Federation supported Security Council resolution 1970 (2011) because of our serious concern over the events taking place in Libya. We sincerely regret the many lives lost among the civilian population. We condemn the use of military force against peaceful demonstrators and all other manifestations of violence and consider them absolutely unacceptable. We call for an immediate end to such actions.

We exhort the Libyan authorities to comply with the demands of the international community, including the League of Arab States and the African Union, which demands have received the support of the Security Council. This is necessary in order to prevent a full-scale civil war and to preserve Libya as a united, sovereign State with territorial integrity.

All the parties involved must show restraint and observe the norms of international civil and human rights law. Reliable security must be ensured for those foreigners who remain in Libya, including Russian citizens, and conditions for their safe return home must be established.

A settlement of the situation in Libya is possible only through political means. In fact, that is the purpose of the resolution adopted by the Council, which imposes targeted, clearly expressed, restrictive measures with regard to those guilty of violence against the civilian population. However, it does not enjoin sanctions, even indirect, for forceful interference in Libya’s affairs, which could make the situation worse.

Russia, in cooperation with international and regional partners, will continue actively to help the friendly people of Libya to find a peaceful way out of the current crisis.

Mr. Li Baodong (China) (spoke in Chinese): China is deeply concerned over the turbulent situation in Libya. In our view, it is of the greatest urgency to secure the immediate cessation of violence, avoid further bloodshed and civilian casualties, restore stability and normal order as soon as possible, and resolve the current crisis through peaceful means, such as dialogue. The safety and interests of foreign nationals in Libya must be assured throughout this process.

Taking into consideration the special situation in Libya at this time and the concerns and views of the Arab and African countries, the Chinese delegation voted in favour of resolution 1970 (2011), which the Council just adopted.

Mr. Osorio (Colombia) (spoke in Spanish): I would like to express to the Security Council the satisfaction of the Government of Colombia with resolution 1970 (2011), which the Council has just adopted — the result of a timely and responsible consultation process in keeping with the sense of urgency that the situation and the international community demand. Unanimously and with determination, the Council has conveyed a firm and blunt message: the violence must cease and those responsible for attacks against the population must answer for their crimes. Thus the decision to refer the situation to the International Criminal Court (ICC) is most appropriate.

We have followed the escalation of the violence and repression of the population with concern. Colombia reiterates the urgency of stopping them and demands that the Libyan authorities strictly comply with their international obligations and with international human rights law.

We unequivocally reject the calls for violence from official sectors and condemn the violations of the human rights and fundamental freedoms of the Libyan people. The State must assume its primary responsibility to guarantee the security and the rights of its citizens, including the rights to life, freedom of expression and peaceful assembly.

My country has maintained a firm and coherent position in all forums where this situation has been examined. We co-sponsored Human Rights Council resolution A/HRC/S-15/2, which established an international commission of inquiry into the violations in Libya and recommended suspension of that country’s membership. Additionally, we co-sponsored the resolution that submits that recommendation to the General Assembly for consideration.

Libya must find ways to respond effectively to the legitimate aspirations of its people in the search for a more just and equitable society, in which its citizens can freely exercise their fundamental rights and freedoms. Reconciliation will require the establishment of responsibility, confronting impunity and ensuring that those who commit or have committed crimes against humanity are brought to justice. The international community must remain united and continue taking measures leading to stopping the violations that the executioners of the Libyan people ruthlessly commit.

Mr. Moraes Cabral (Portugal): Portugal welcomes the adoption of resolution 1970 (2011). It particularly welcomes the fact that it was adopted unanimously. The Council thus was united in sending a clear, swift and strong message to the perpetrators of heinous crimes taking place in Libya.

Portugal calls for an immediate cessation of violence in Libya. The killing of civilians and intolerable abuses of human rights must cease forthwith. We are deeply concerned with the plight of the increasing number of refugees, and we consider that humanitarian assistance must be allowed without hindrance.

The basic freedoms of the Libyan people must be respected and guaranteed. The safety of foreign nationals must be assured as well as the safe exit of those who wish to leave the country. Finally, impunity will not be tolerated, and the perpetrators of these crimes against civilians will be prosecuted.

Mr. Araud (France) (spoke in French): Yesterday the Permanent Representative of Libya made to this Council a moving appeal for assistance. France welcomes the fact that the Council has today unanimously and forcefully responded to that appeal.

In the face of the continued brutal and bloody repression and the threatening statements made by the Libyan leadership, the Security Council has reiterated its demand for an immediate stop to the use of force against the civilian population. As the High Commissioner for Human Rights said, and as recalled in resolution 1970 (2011), crimes against humanity may be being committed in Libya. That is why we have decided to refer the matter to the Prosecutor of the International Criminal Court so that he can initiate an investigation and so that the Court might judge thee principals responsible for crimes. Today, faced with the atrocities we have seen, impunity is no longer an option. The International Criminal Court in this matter once again finds justification for its existence.

We have also decided to impose an embargo on arms — the arms that President Al-Qadhafi has chosen to turn against his own people. We have, finally, decided to sanction the individuals who are at the head of a regime that has chosen to commit atrocities.

The text, unanimously adopted today, recalls the responsibility of each State to protect its own population and of the international community to intervene when States fail in their duty. We hope that the responsible parties of the Libyan regime will hear the message of the international community and put an end to the unacceptable violence committed against their own people, who have the right to democracy, freedom and justice.

A wind of liberty has arisen south of the Mediterranean. The Security Council had to meet this date with history on the side of the Libyan people. That is the historic significance of the vote this evening — a vote that we hope will open, beyond Libya, a new era for the international community as a whole.

Mr. Wittig (Germany): Germany welcomes the Council’s swift and decisive action. We are particularly pleased that the Council is acting in unity.

Today the Council has sent out a clear and strong message. The international community will not tolerate the gross and systematic violation of human rights by the Libyan regime. That is what we owe to the Libyan people, and that is why we imposed sanctions on the Libyan leadership. The unanimous referral of the situation in Libya to the International Criminal Court demonstrates our resolve not to allow impunity.

This is a clear warning to those who perpetrate systematic attacks against their civilian population that they will be held accountable. It should be clear to everyone that the Council will continue to follow the situation in Libya very closely.

Mr. Barbalić (Bosnia and Herzegovina): Unfortunately, we have reached the point where time is of the utmost importance. As we speak, the lives of Libyan citizens are being threatened or even taken. Therefore, we consider that the Security Council had to react unanimously and urgently by imposing appropriate measures to ensure the end of violence and to prevent further escalation or spillover effects. We consider that resolution 1970 (2011) will contribute to strengthening international peace and security.

We have been closely following the enthusiasm of the Libyan people, expressed through peaceful demonstrations, and, in their aftermath, have heard with compassion of the deaths of at least a thousand people. We wish to express our sincere sympathy to the families who have lost their loved ones in the past turbulent days.

Bosnia and Herzegovina is appalled by the unacceptable level of violence against Libyan civilians. We condemn in the strongest possible terms the violations of human rights and international humanitarian law. We stand by our position that the perpetrators of such crimes must be held accountable. Thus we fully support the decision to refer the situation in Libya to the Prosecutor of the International Criminal Court, and we urge the Libyan authorities to cooperate with the Court and the Prosecutor.

Bosnia and Herzegovina calls for an immediate stop to the violence. We urge the Libyan authorities to refrain from any military or other violent attempt to resolve the ongoing unrest but rather to seek through Libyan-led dialogue ways to meet the aspirations and demands of the people.

Another extremely urgent matter is the humanitarian aspect of the crisis. Bosnia and Herzegovina is worried by information about the flow of refugees fleeing the violence in their country and about a considerable number of internally displaced persons. We call upon the authorities of Libya to enable humanitarian organizations to address the food scarcity and medical supply shortage and to provide for basic needs and services to the citizens of Libya.

Finally, we reiterate our call on the Libyan authorities to ensure that all measures have been taken to fully protect citizens of Bosnia and Herzegovina, as well as other foreign nationals residing in Libya.

Mr. Moungara Moussotsi (Gabon) (spoke in French): The situation in Libya for almost two weeks required an answer and a clear and strong message from the Security Council, in accordance with the responsibility entrusted to it by the Charter of our Organization. That is why Gabon has voted with the other members of the Council, not only to condemn the killing of peaceful demonstrators but to make the Libyan regime aware of the consequences of such actions.

Gabon is ready to associate itself with other measures that the international community may adopt to protect innocent lives in Libya and to ensure the legitimate rights of the Libyan people to free speech and peace in their country.

The President: I shall now make a statement in my capacity as the representative of Brazil.

Brazil voted in favour of the resolution 1970 (2011). We are deeply disturbed by the dramatic situation in Libya. The level of violence against the civilian population is totally unacceptable. The Government of Brazil has publicly and firmly condemned the use of violence and called on the authorities in Libya to uphold and protect the right of free expression of the protesters, as well as to seek a solution to the crisis through dialogue. The measures we are adopting today are meant to halt violence, ensure the protection of the civilian population and promote respect for international law.

By adopting this resolution as a matter of urgency, the Security Council has sent a clear signal of its readiness to respond to the situation in Libya in a manner consistent with its responsibilities. In our deliberations today, Brazil paid due regard to the views expressed by the League of Arab States and the African Union, as well as to the requests made by the Permanent Mission of Libya to the United Nations. Brazil also had in mind the need to ensure the safety of all foreign nationals, including those who are still on the ground and wish to leave the country.

Brazil is a long-standing supporter of the integrity and universality of the Rome Statute. We oppose the exemption from jurisdiction of nationals of those countries not parties to the Rome Statute. In the face of the gravity of the situation in Libya and the urgent need for the Council to send a strong, unified message, my delegation supported this resolution. However, we express our strong reservation concerning paragraph 6. We reiterate our conviction that initiatives aimed at establishing exemptions of certain categories of individuals from the jurisdiction of the International Criminal Court are not helpful to advancing the cause of justice and accountability and will not contribute to strengthening the role of the Court.

Brazil hopes that this resolution can contribute to bringing an end to the violence in Libya, so that the country can quickly find a solution to the crisis through dialogue and reconciliation. Continued engagement on the part of the international community will be essential to ensuring that the bloodshed stops definitively and that stability returns to Libya.

I now resume my functions as President of the Council.

I give the floor to the representative of the Libyan Arab Jamahiriya.

Mr. Dabbashi (Libyan Arab Jamahiriya) (spoke in Arabic): At the outset, I should like to express our most sincere condolences over the thousands of martyrs who have fallen under the repression of the Libyan regime since 15 February and before, especially those who died at Abu Salim prison 1996. I would also like to thank you, Madame President, and all the members of the Council for having unanimously adopted resolution 1970 (2011).

The Tripoli regime no longer has any legitimacy. It goes without saying that this resolution represents strong moral support for our steadfast people, who are resisting the onslaught of firepower launched against them by the butcher of Tripoli. This is a crucial, landmark decision by the international community against the backdrop of the carnage we are witnessing today in Libya. It is a sincere attempt to protect civilians.

This resolution will send a signal for a definitive end to the fascist regime that is still in place in Tripoli. I would like to take this opportunity to launch a sincere fraternal appeal to all the officers in the armed forces in Libya to side with their own people and immediately renounce their support for Al-Qadhafi — that criminal leader — and no longer participate in these crimes and murders. This is a leader who loves no one but himself and who is prepared to take all necessary steps to continue this repression against his own people. I would also like to appeal to my brothers, the Libyan officers: the leader is himself soon going to abandon you — unless you first take the right decision now.

The Libyan people are known for their tolerance. The most important thing for the people at this stage is to put an end to this regime. Our people are not seeking, and will not seek, vengeance. Our people are aware of the very difficult repression they have to face. We know how people’s money is used to kill people. I launch an appeal to the sons of Libya to help our youth to restore Libya to the Libyans. It is our duty to work to restore our State to our people, and there is no doubt that this will happen very soon.

I am pleased that the Security Council will refer this matter to the International Criminal Court to investigate the crimes committed in Libya since 15 February. I am also pleased with regard to the positive interaction of the members of the Council and their response to these incidents. I am pleased that sanctions are not being imposed against those who ultimately decided to abandon the regime of Colonel Al-Qadhafi. Here, I would like to thank the officer Ahmad Qadhdhaf al-Damm. I ask other officers like him to take the same decision so that they will one day not be tried by the International Criminal Court.

I would like to thank the Council once again. I hope that my people will soon be able to realize their dream of liberty and an end to this dictatorial regime.

The President: I now give the floor to His Excellency Secretary-General Ban Ki-moon.

The Secretary-General: Let me express my appreciation to the Security Council for its work today.

I welcome resolution 1970 (2011), which the Council has just adopted unanimously. While it cannot by itself end the violence and the repression, it is a vital step and a clear expression of the will of a united community of nations.

The actions taken by the regime in Libya are clear-cut violations of all norms governing international behaviour, and serious transgressions of international human rights and humanitarian law. They are unacceptable. It is of great importance that the Council, in response, has reached a consensus and is determined to uphold its responsibilities for the maintenance of international peace and security.

When I addressed the Council yesterday (see S/PV.6490), I noted that fundamental issues of peace and stability were at stake across the Arab world and that our collective challenge was how to provide real protection and halt the ongoing violence. I urged the Council to consider all options for action. It has now done so in a wide-ranging resolution. The text sends a strong message that gross violations of basic human rights will not be tolerated and that those responsible for grave crimes will be held accountable. I hope the message is heard and heeded by the regime in Libya. I hope it will also bring hope and relief to those still at risk.

The sanctions that the Council has imposed are a necessary step to speed the transition to a new system of governance that will have the consent and participation of the people. For my part, I will continue to monitor the situation closely and remain in close touch with world and regional leaders to ensure their support for swift and concrete international action.

I would like to take this opportunity to express my solidarity with the people of Libya as they brave the bloodshed and as they cope with possible shortages of food and medical supplies and other humanitarian impacts. As the Libyan people take their destiny into their hands, as is their right, I hope that the new future for which they yearn — peaceful, prosperous and democratic — will soon be theirs.

I commend the Security Council for its decisive action today. In the days ahead, we will look for similarly decisive steps from the General Assembly and the international community as a whole. Today’s measures are tough. In the coming days, if needed, even bolder action may become necessary.

The President: I thank the Secretary-General for his statement.

There are no more speakers inscribed on my list. The Security Council has thus concluded the present stage of its consideration of the item on its agenda.

The Security Council will remain seized of the matter.

The meeting rose at 8.55 p.m.

S/RES/1970 (2001)
S/PV.6490
S/VP.6491

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