Statement to the United Nations Security Council on the Situation in Libya, pursuant to UNSCR 1970

00:02 AM May, 27 2016

Sudanese Online
ICC Public Affairs Unit-Hague- Netherlands.
My Library
Short URL


Mrs. Fatou Bensouda
Prosecutor of the International Criminal Court



cid:[email protected]
© UN Photo/Manuel Elias

New York

26 May 2016

Mr President, Your Excellencies,

1. It is a distinct honour to once again be at the Council’s table to present my Office's eleventh report on the Situation in Libya pursuant to Resolution 1970, unanimously adopted in 2011.

2. This honour is all the more pronounced given that I address the Council under your Excellency’s Presidency, having just returned from a most productive official visit to Cairo where I engaged with relevant Government Ministries on issues of mutual concern, including the Situation in Libya, its spill-over effects and the threat of Daesh on Egypt and more generally, on the Middle East and North Africa.

3. I would be remiss if I did not benefit from this occasion to reiterate my sincere appreciation for the warm hospitality extended to me and my delegation in Cairo.

4. I assure you, Mr President, of my Office’s readiness to continue our constructive dialogue with the Egyptian authorities and to follow-up on the matters so helpfully explored in Cairo. I am confident that my Office’s engagement with Egypt will lead to positive results.

Mr President,

5. The last six months have witnessed significant developments in Libya’s slow and difficult process towards the establishment of a unity government. On 17 December 2015, participants in the political dialogue representing broad segments of Libyan society signed a United Nations brokered agreement on forming a government of national unity. United Nations Secretary General, Mr Ban Ki-moon expressed hope that “the signing of the agreement will put Libya back on the path of building a democratic State based on the principles of inclusion, human rights and the rule of law.”

6. It is equally my Office’s hope that the signing of the Agreement marks the beginning of the end of the long period of turmoil and conflict in Libya. Justice, accountability and the deterrent effects of the law remain critical components for achieving lasting peace in Libya, and my Office stands ready to work collaboratively with the Government of National Accord in its efforts to build a secure, peaceful and prosperous Libya for all Libyan people.

7. To this end, I encourage the Government of National Accord to give priority to devising effective plans and strategies to address atrocity crimes, and to invest in the relevant national institutions responsible for such critical work. This will demonstrate, in concrete terms, that justice and accountability constitute key Government priorities underpinning efforts to ensure peace and stability in Libya, and that the victims will have the opportunity to seek redress through the Libyan courts.

8. Similarly, over the same period, my Office’s investigations into the Libya situation have progressed, albeit at a slower pace than we would have liked due to lack of sufficient resources and the prevailing precarious security situation in the country. Despite these challenges, our investigations are continuing to yield positive results, in large part due to the cooperation of the Libyan Prosecutor-General’s office from whom the Office has received numerous documents pursuant to the Memorandum of Understanding entered into by my Office and the Libyan government in 2013.

9. Notwithstanding limited resources and the inability at the present time to conduct in situ investigations in Libya, my modest Libya team has been able to pursue leads and other avenues of collecting evidence through our investigations. My Office is continuing to carefully analyse and assess the evidence in our possession to determine whether the requisite legal standards are met to request additional arrest warrants.

10. In short, Mr President, notwithstanding the numerous challenges that we face, my Office remains firmly committed to its mandate vis-à-vis Libya, and will continue to be focused and industrious in the fulfilment of that mandate.

Mr President,

11. As highlighted in my latest Report, the Situation in Libya requires collaboration and coordination between all relevant actors at the national, regional and international levels. The support of this Council remains equally crucial. Success in Libya therefore depends on the collective determination and the will of all relevant actors to meaningfully contribute to the course of bringing perpetrators to justice and by so doing, help deter the commission of future crimes.

12. The threat of Daesh or other groups proclaiming allegiance to Al- Qaida remains real and the consequences are too costly to be ignored. They include instability and the dire humanitarian situation in Libya and instability, which in turn result in mass migration, and the spread of terrorism in the country and the region.
13. I reiterate my previous calls to all national and international law enforcement agencies that are working on Libya to contact my Office and join it in its efforts to strengthen the network of law enforcement agencies that aim to contribute to bringing an end to civilian suffering and destruction in Libya.

14. I remain convinced that increased cooperation between and amongst relevant actors as well as coordinated investigative activities are key for tackling national, transnational and international crimes that continue to plague Libya and for ensuring that those responsible for committing these crimes have no safe haven anywhere.

15. In this regard, I am particularly pleased with the interest and efforts thus far by national law enforcement agencies to coordinate with my Office, with each other and with Libyan authorities. The international community has invested significant capital into restoring security in the country. While nascent, this growing network is beginning to take shape as it explores efforts to share essential information and strategies for tackling criminality in Libya. Those who finance or encourage the commission of grave crimes in Libya must understand clearly that they will be held accountable.

Mr President, Your Excellencies,

16. As the Government of National Accord assumes its duties, we recall that Libya remains under a positive legal obligation to immediately arrest and surrender Mr Saif Al-Islam Gaddafi to the International Criminal Court (“Court”); a fact noted by this Council in Resolution 2238.

17. We urge the Government of National Accord to prioritise the transfer of Mr Gaddafi to its own custody and facilitate his surrender to the Court. It is also important for the Government of National Accord to consult with the Pre-Trial Chamber on issues relating to the surrender of Mr Gaddafi, and to seek assistance from the international community as deemed appropriate, on how best to facilitate the surrender of Mr Gaddafi to the Court without further delay.

18. The unique factual circumstances of this case and the lack of progress also justify the adoption of complementary, exceptional and innovative measures. It bears emphasising that Libya has submitted to the Court that “Mr Gaddafi continues to be in custody in Zintan and is presently ‘unavailable’ to the Libyan State.” As such, as part of its on-going efforts to enhance prospects for Mr Gaddafi’s surrender, my Office recently filed a request with Pre-Trial Chamber I for an order directing the Registry to transmit the request for arrest and surrender of Mr Gaddafi directly to Mr al-‘Ajami al-‘Atiri. Mr al-‘Atiri is the Commander of the battalion that is detaining Mr Gaddafi in Zintan. The Pre-Trial Chamber is yet to issue its decision on this request. In the event that the request is granted, the Office hopes that Mr al-‘Atiri and the battalion he commands will cooperate and surrender Mr Gaddafi to the custody of the Court to be tried. Should he fail to comply, this Council should consider adopting appropriate measures to ensure compliance with the Chamber’s order.

Mr President,

19. In relation to Mr Abdullah Al-Senussi, the Office has received a copy of the written judgment of the Libyan court in relation to his case and has conducted a preliminary review of the judgment. At this time, the Office is not in possession of facts which would satisfy it that new facts have arisen which negate the basis on which Pre-Trial Chamber I found Mr Al-Senussi’s case inadmissible. The Office will continue to review its assessment if and when new relevant facts become available.

20. While the Appeals Chamber has recognized that, in the context of admissibility proceedings, the ICC is not primarily called upon to decide whether domestic proceedings violate certain requirements of human rights or domestic law, it is incumbent upon the Government of National Accord to ensure that the highest standards for investigations and prosecutions are met. In this context, I am encouraged that arrest warrants have been issued for those individuals suspected of committing crimes, including torture, in Al Hadba prison. Follow-up actions for their arrest and prosecution must be undertaken. I will continue to encourage and follow the Libyan authorities’ efforts to investigate the allegations of torture at Al Hadba prison and to bring those found responsible to justice.

Mr President, Your Excellencies,

21. My Office remains concerned about ongoing civilian deaths, with reported executions by Daesh accounting for the majority of these, although civilian deaths continue to also result from the Libya Dawn-Libya National Army conflict. Moreover, abductions, detentions, and ill treatment in detention centres continue to be reported on all sides of the conflict.

22. The Mediterranean-Libya migratory route to Europe remains a popular option among refugees and migrants who are particularly vulnerable to violence, sexual violence and ill-treatment in Libya. Detention of thousands of migrants continues to be a source of financing for many militant groups in Libya.

23. We as, the international community, must take a closer look at who profits from criminal activity in Libya, and take coordinated steps to prevent further violations. This must be a priority for all who are affected by the criminal trafficking of human beings.

24. For its part, the Office continues to carefully evaluate how to best utilise its limited resources to maximise its impact on the present situation in Libya. While the Office is continuing its investigations into officials linked to the former reign of Mr Muammar Mohammad Gaddafi, it is also focused on on-going crimes in Libya. Despite resource constraints, the Office is assessing the potential to expand its investigations into these new crimes, such as those alleged to have been committed by Daesh and Ansar Al-Sharia. However, the Office recalls and stresses that States have the primary responsibility to investigate and prosecute their nationals who have joined the ranks of Daesh, Ansar Al-Sharia and other militias operating in Libya.

Mr President, Your Excellencies,

25. I must reiterate that until my team is able to carry out investigations in Libya, and until the issue of resources is resolved, the Office will simply be unable to advance the investigations as rapidly as desired.

26. We are optimistic, however, that in the coming months, we will be able to resume our functions in Libya, and accelerate our efforts to bring to justice those responsible for Rome Statute crimes, in coordination with key partners in and outside of Libya.

27. Here, I would like to acknowledge and commend the critically important work being carried out by the United Nations Support Mission in Libya (“UNSMIL”). I had the pleasure of receiving the Head of UNSMIL and Special Representative of the Secretary General, Mr Martin Kobler in The Hague earlier this week, and canvassed the many areas where our respective offices can enhance cooperation in accordance with our independent mandates. Mr Kobler and I both agree that accountability for the grave crimes under the Rome Statute is indispensable to stability and sustainable peace in Libya. This meeting of the minds and recognition must translate into concrete positive changes on the ground. We are determined to do just that in close collaboration with the Government of National Accord.

Mr President,

28. I greatly appreciate the efforts of all States that have engaged and cooperated with the Office in support of our investigations in Libya, including neighbouring Tunisia and the Hashemite Kingdom of Jordan. I also encourage all States to intensify their efforts to support investigations and prosecutions of Rome Statute crimes alleged in Libya. Finally, I call upon all States that have not responded to Requests for Assistance to do so without further delay. State cooperation with the Office is indispensable for the success of its work in Libya and all other situations under investigation.

Mr President, Your Excellencies,

29. Libya and the Libyan people deserve peace and stability on which to secure and build their future; they deserve the rule of law and by the law rather than lawlessness and the current climate of perpetual insecurity and flux.

30. To conclude, Mr President, we must continue our work, albeit under difficult circumstances. Where we work together in an intelligent, reflective and coordinated manner, we can help make a difference in restoring stability in Libya. This Council and the international community must stay committed to Libya and help it emerge triumphant in the face of adversity.

31. Nations are not built overnight, but to last and to withstand the challenges of the 21st century they must be built on strong foundations. Justice will always serve as a central pillar.

32. I thank you for your attention. | OTP




Topics related to the subject or the author



• FM: Sudan has managed to achieve zero problems with neighbors
• Sudanese demo against Darfur violence in The Hague
• Headlines of Khartoum Newspapers on May 25 201
• European Union Ambassador: Stability in Darfur is stability for all Sudan and the region
• Speaker of National Assembly Affirms Sudan Keenness to Establish Good Relations with European Unio
• On Europe Day: EU signs 6.5 million Euros development projects with FAO and UNEP
• President Al-Bashir: Workers represent Pillar for Development in Sudan
• European Union: Achieving peace and genuine political solution central to EU-Sudan relations
• Girl raped, robbery in Tawila, North Darfur
• Minister of International Cooperation reviews with Kuwaiti Development Fund development projects in
• Statement attributable to the United Nations Resident and Humanitarian Coordinator in Sudan, Ms. M
• Students torch Khartoum University mosque
• Headlines of Khartoum Newspapers on May 9, 2016
• Implementation Follow-Up Commission of the DDPD convenes in Sudan’s capital
• State Minister for Foreign Affairs Receives Delegation of South Sudan Parliament
• National Assembly Affirms Importance of Parliamentary Diplomacy in Enhancing Sudan Foreign Relatio
• Anger as student activist shot dead in Sudan
• Al-Bashir affirms his sponsorship and concern with Arab investments in Sudan
• Deadly RPG attack in East Darfur capital
• Sudan says it follows with great attention the developments of the situation in South China Sea
• Two kidnapped from Kalma camp, South Darfur
• Headlines of Khartoum Newspapers on April 27, 2016
• Statement from Minni Minnawi on the Peace Process in the Republic of South Sudan
• Denmark and Ireland donate US$6 million to the 2016 Sudan Humanitarian Fund
• Bombing in Darfur's western Jebel Marra continues
• A Preliminary Report on Darfur Administrative Referendum and its Future Impacts
• Khartoum University threatens to close doors
• Sudan Welcomes Machar's return to Juba
• Largest defeat of Sudan army in years: Arman, SPLM-N
• IFAD to grant Sudan 34 million dollars in 2017
• Campaigns to boost low voter turnout in Darfur referendum
• UN Independent Expert on the situation of human rights in Sudan to start second mission to the coun
• Unicef, Sudan start polio shots
• National Congress Party transforming the Sudanese army into mercenaries
• Ministry refutes USA concerns on Darfur referendum
• Why did the Sudanese opposition forces refuse to sign the Roadmap Agreement proposed by the AUHIP؟
• EU announces 100 million Euros for Sudan to address irregular migration and forced displacement
• 400,000 in Sudan may need food aid due to El Nino phenomenon
• Investment Minister renews Sudan's commitment to provide success opportunities for Sudanese-Qatari
• Sudanese president reiterates end of rebellion in Darfur
• Sudan, Kuwait discuss bilateral relations, sign number of agreements
• Rallies, protests as President Al Bashir tours Darfur states
• Headlines of Khartoum Newspapers on April 4, 2016
• Nearly $68 million additional US humanitarian assistance for Sudan
• China's CNPC cut oil production in other countries except Sudan
• Press Release statement from Arnu Ngutulu Lodi SPLM/N official spokesman
• President Omer Al-Bashir: Outcome of National Dialogue will be Basis of New Constitution
• Rising tensions in North Darfur's Sortony camp
• Foreign Ministry Summons Ambassador of Jordan on Negative Tackling of Jordanian Media to Issue of
• Report and Pictures on a Tour of the Secretary-General of the Sudan Peoples’ Liberation Movement –
• Nuba Mountains civil society organizations letter
• Singer imprisoned in Sudan's Kassala
• Message from the Prosecutor of the International Criminal Court, Fatou Bensouda, calling for defec
• Students wounded in protest, fighting in Sudan
• SPLA/N victories in Nuba Mountains Region
• Influx from South Sudan into East Darfur and West Kordofan continues: UN OCHA
• Sudan blocks civil society participation in UN-led human rights review
• Rebels besiege Sudanese Govt. forces in Nuba mountains
• letter from Liberal Democratic Party, Sudan to Mr. John Kerry Secretary of State, USA
• Merreikh Nyala now top Darfuri team in Sudan’s Premier League
• Minister of Minerals: Government gives special concern to Russian investments in mining sector
• Ethiopia expresses desire to take advantage of Sudan's oil installations
• OCHA Sudan bulletin 11: Aid for new displaced from Jebel Marra, challenges remain
• Foreign Minister meets with German State Minister for Defense
• No basic services in eastern Sudan’s Haya
• Sudanese-Ethiopian agreement on boosting economic cooperation
• Sudan govt., Umma Party, rebel talks commence in Addis
• National Unity Parties: current process in Addis Ababa draws a strategic line for ending the confli
• Sudanese President: Bashar al-Assad will not leave power without force
• SPLA-N shot down unmanned drone in Nuba Mountains
• Rebels claim victory in Darfur, Nuba Mountain battles
• Urgent Action: Ten Civil Society Activists Harassed by NISS
• Five anti-dam activists detained in Wadi Halfa, Sudan
• Qatari Retaj Investing group's delegation reviews investment fields in Sudan
• Former Beja Congress fighters stage protest in Port Sudan
• Oil Minister reviews with Deputy President of Malaysian PETRONAS Company progress of the company's
• AUHIP chairman Mbeki in Sudan for consultations
• Press Release on the case of Collo Land on the Eastern Bank of the White Nile in Upper Nile State
• Statement attributable to the United Nations Resident and Humanitarian Coordinator in Sudan, Ms. Ma
• Outcome Darfur referendum fait accompli: Sudanese lawyer
• Sudan Religious Discrimination and the Quest for National Integration
• Sudanese Communist Party: Ethnic cleansing ongoing in Jebel Marra
• Vice - President Informed on Steps for Sudan Membership in WTO
• Japan supports Unicef Sudan with $4.9 million
• Ministry of Agriculture's Undersecretary praises FAO for supporting agricultural development in Sud
• Police violently breaks up student demonstration in Sudan's capital
• Headlines of Khartoum Newspapers on March 14, 2016
• Sudan: Murder case against doctors withdrawn after protests
• Beja Congress
• South Sudan troops suffocating of 60 people in church compound war crime
• S.Sudan troops suffocated 60 in church compound: Amnesty
• South Sudan journalist kidnapped and tortured
• Jebel Marra جبل مرة
• OCHA in sudan:More than 102,000 displaced flee Darfur's Jebel Marra
• President Deby of Chad to visit Sudan next week
• Minerals Minister calls on Canada to invest in Sudan
• The Presidency of the Republic, mourns Sheikh Hassan Abdalla Turabi
• More than 8,000 Sudanese reached Italy by sea in 2015: UNHCR
• Sheikh Hassan Turabi passed away
• Sudan continues to bomb empty villages
• Terri ambush in Rashad County of Nuba mountains
• Families refuse Sudan's settlement for slain protesters in 2013
• long range messiles hit Salara killed and wounded civilians
• President Al-Bashir to lead Saturday Sudan delegation to Islamic Summit in Jakarta
• Goal keeper stabbed during Sudan Premier League match
• United Nations-African Union Press Statement on Darfur
• No bread in parts of Sudan capital
• Japan Donates 2.1 Million Dollars for Combating land Mines in Sudan
• Sudan’s capital
• Humanitarian Aid Relief Trust (HART) invites you to a panel event on 16th March to discuss the curr
• Head of Government of the Republic of Tunisia, H.E. Mr Habib Essid, visits the International Crimi
• Response to the Statement of the so-called Eastern Nile State Political Activists of the Ngok Din
• Sudanese army in control of northern Jebel Marra: colonel
• Oil Minister meets Pan-China Journalist Union
• Police summon anti-dam activists in northern Sudan
• Chief Justice: All Political Systems in Sudan Affirmed Independence of Judiciary
• Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, at the opening of
• Journalists on hunger strike in Sudan
• The ICC judges provisionally amend the Rules of Procedure and Evidence and adopt a new regulation i
• Northern Sudan university refuses to enrol Darfuri students
• Minister of Minerals calls on Canadian companies to establish iron factories in Sudan
• UN displacement figures inaccurate’: Sudan Foreign Ministry
• Bakri Appreciates Germany Support to Development and Peace in Sudan
• Statement attributable to the United Nations Resident and Humanitarian Coordinator in Sudan, Ms. M
• Sudan's Meteorology Corporation warns for environmental effects of mining
• Assistant of President Chairs Meeting on Human Rights File
• Flour crisis ongoing in Sudan
• Assistant of President receives Ambassador of Mauritania
• OCHA: Suspected dengue fever cases in Sudan reach 612
• Human Trafficking and Smuggling: The Context and the Implication of the Sudanese Government in the
• Malaysian Ambassador to Sudan inspects a number of agricultural projects in Gezira
• Thirst in North Darfur's Tabit, eastern Sudan's El Gedaref
• Joseph Bangasi Bakosoro, former governor detained without charge
• South Sudan demands Egypt military support to build strong national army
• Sudan Foreign Ministry summons US diplomat over draft resolution
• Sudan Summons US Envoy to Protest Darfur Sanctions Draft Resolution
• Suisse archaeologist, Professor Bonnet: Sudan is a multi-civilizational country
• TB spreading fast in eastern Sudan’s Toker
• Sudan News Agency Forum to host Sudanese People's Committee for Syrian People relief
• Eastern Sudanese students must pay for minibus: parent
• Massive ethnic cleansing and Human Rights Abuses in Jebel Marra now
• Antinov plane attacked villages in Blue Nile
• The pressing need for an effective role of UNAMID in Darfur
• Secretary-General of Sudanese Expatriates' Organ meets Sudan's ambassadors in Kuwait and Iraq
• Al Bashir: Sudan won’t back down from LPG price rise
• Prof. Ghandour Meets with Head of UNAMID and International Envoy for Libya
• Sudan security releases Islamic State sympathisers
• Israel interested in ties with Sudan, deputy defense minister says
• Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, following judicial
• FCO Press Release: Minister for Africa visits South Sudan
• Foreign Ministry: Report of UN Secretary General on Sudan Included Positive Aspects
• Statement attributable to the United Nations Resident and Humanitarian Coordinator in Sudan, Ms. Ma
• Conference of Arab and India Foreign Ministers Affirms Support to Sudan
• Israel Supplies South Sudan Government With Wiretapping Equipment
• President Al-Bashir Issues Decision to Open Border with South Sudan
• Freedom House report: Sudan still among world’s worst
• Sudan Government announces cancellation of monopoly on three petroleum commodities
• Sudan:More price hikes expected
• State Minister for Culture informed on Progress of Work at Project of Sennar as Capital of Islamic
• Health services deteriorating in Port Sudan
• National Reform Party: Parties and Movements Participating in Dialogue are Making Real Peace
• Darfur is Calling –a London Demo in Solidarity with the Victims of West Darfur Massacre - Report (S
• Statement Attributable to the Spokesman for the Secretary-General on South Sudan
• UN must act on call for South Sudan arms embargo
• Hassabo Affirms Sudan Support to International Zakat Union
• Children killed in bombardment on Jebel Marra, Darfur
• Headlines of Khartoum Newspapers on Jan 26
• Students call for Darfur referendum boycot
• Sudan govt., Darfur rebels in talks in Ethiopia
• Court condemns Sudanese policemen for detainee’s death
• Second Regional Forum of International Ambassadors for Social Responsibilty Concludes Sittings
• Sudanese migrants killed in Libya
• 11-Person Committee to Classify Papers Presented at External Relations Committee
• SPLA/N repulsed NCP attack on Torda and killed 13 enemy forces
• Ethiopia, Egypt, Sudan meet over Renaissance Dam
• IGAD's Role in the implementation of South Sudan Peace Accord
• Indonesian Delegation briefed on Sudan Parliamentary Experiment
• Sudan can solve the crisis in Juba: South Sudan’s Parliament says
• Sudan’s PM calls for amendment of the law to control e- journalism

Arabic Forum