YouSaid · the spoken record

Belgasem El-Talhi

lines on the record: 35
first: 1992-01-21
most recent: 1992-01-21
sittings or episodes: 1
sources: un-security-council

Every line below is reproduced as it was said and linked to the record it came from. Nothing here is summarised or generated. Directory · Search · Corrections

“The Council has two choices: it can respect the Charter and follow moral principles and international law, or it can respond to this unjust request by the United States of America and the United Kingdom, which want to use the Council as a cover for military and economic aggression against a small country that is striving to free itself from economic backwardness. We are fully confident that the members of the Council - indeed, all Members of the United Nations - will uphold the principles enshrined in the Charter and international law and respect the principles of justice and equity that my country is asking to be applied and abided by.”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“It cannot behave in such a way as to endanger peace and security, Indeed, Libya is being threatened by super--P ' . P Owers, Just as armed agression was unleashed against it in 1986. Libya is still being subjected to an economic boycott, disinformation campaigns 'and psychological pressure. In conclusion, the legality of the Council's work is subject to its observance of the provisions of the Charter of the Organization and to its proper implementation of those provisions. It is inconceivable that this could be achieved through the participation of the parties to this dispute in the voting on the present draft resolution. To disregard the legal nature of the dispute and treat it as a political matter would constitute a flagrant violation of the explicit provisions of Article 27, paragraph 3, of the Charter.”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“My country expresses its willingness to conclude immediately, with any of the parties concerned, an ad hoc agreement to have recourse to the International Court of Justice as soon as the short deadline for reaching agreement on arbitration expires, or at any other convenient and near date should the countries concerned agree to go beyond the arbitration stage and the proceedings of an arbitration panel. In that light, how can this dispute be considered a political one? We d not believe that it is, for Chapter VI of the Charter also sets forth concrete methods of reaching a peaceful settlement. The Council has been guided by those methods in earlier instances. The matter should not be handled in the ligh i ' ight of any considerations other than those set forth in the Charter. Libya has never threatened any country.”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“On the basis of that Convention, particularly its article 14, a about a conflict of competence, my country has takers solve the question raise concrete and practical measures and, in official communications addressed to both the United States of America and the United Kingdom, has requested that the dispute be referred to arbitration. Today, before the Council, my country requests that both those countries be invited to enter promptly into negotiations with Libya on proceedings leading to arbitration and an arbitration panel. To ensure the speedy settlement of the dispute, we consider that a short and fixed deadline be set for those proceedings, after which, if no agreement is reached on arbitration, the matter would be brought before the International Court of Justice.”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“In practical terms, this can only mean either that no investigation was actually conducted or that, as we have noted, the investigation was grossly deficient. I should like to state once again that this dispute is of a purely legal nature, which should lead the Council to recommend its settlement through the divers legal channels that are available, not only within the framework of the United Nations Charter put also under the provisions of more relevant international conventions, such as the aforementioned Montreal Convention of and to 1971.”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“If they are convicted, they will be punished according to the provisions of Libyan law, which are tougher than those in most other modern criminal legal systems. The competent legal authorities themselves will continue to implement those processes stipulated by law. It is unthinkable that the independence, impartiality and integrity of the Libyan judiciary should be questioned on any pretext or on the basis of any political motivation. Any initiative, at any level, must be taken through and in cooperation with the competent Libyan legal authorities, as we have demanded. I repeat that the investigation in Libya has unfortunately not yet many any progress owing to the lack of cooperation on the part of other parties and their refusal to transmit the dossiers of their investigations.”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“which should be carried out within the framework of full cooperation with the investigating authorities in the countries concerned Libya has requested those authorities to provide it with all the evidence and documents in their possession that could assist in the progress of its investigation, but Libya's initiative has met with no positive response. After all it has done and advocated, can Libya conceivably be accused of a lack of cooperation? Libya has pursued the course dictated by its existing legislation and consistent with the provisions of international law. Investigatory proceedings were initiated and the two accused will be brought to trial to examine the evidence against them.”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“Thirdly, since receiving the indictment papers, my country has restated its commitment to exercising its jurisdiction, pursuant not only to domestic legislation but to relevant international conventions as well. In this connection two judges have been assigned to investigate the matter, and they have already begun to exercise their functions. In addition, my country has expressed its willingness to cooperate with the judicial authorities in the countries concerned. By so doing, we are motivated Solely by the wish to uncover all the facts and to fix responsibility. My country has agreed to the participation of all interested parties in the investigatory proceedings hi 2 2 . .”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“Secondly, the accusations directed against the Libyan Arab Jamahiriya with regard to the destruction of the United States and French airliners have to do with legal disputes. The measures taken in the countries concerned have tended to take the form of purported investigatory proceedings which led to the filing of accusations. Today, there can be no argument in favour of moving the dispute from the legal sphere to the political sphere by referring it to the Security Council. Indeed, the Security Council has no competence to consider legal disputes. The Charter contains explicit provisions on the methods for handling such disputes through arbitration and due legal process.”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“We are willing to commit ourselves to combating this plague by any measures approved by the international community. Our country is small and therefore has a vested and genuine interest in Stemming the tide of terrorism, including State-sponsored terrorism. My country also profoundly believes that the protection of civil aviation should be given the special attention and effective cooperation of all countries of the world. My country, which, as you are aware, has been a victim of criminal acts directed against the safety of civil aviation, strongly condemned and condemns the destruction of the two Pan Am and UTA airliners, We expressed ~ and today we express once again - our sympathy with the families of the victims. My country is committed to disclosing the complete facts surrounding those criminal acts.”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“In my opinion, they all contradict the established principles and norms not only of my country but also of the constitutions of all countries of the world, including that of the United States of America. They are basic principles and practices in investigation, accusation, indictment and trial. No accusation can be made before a fair investigation has taken place and sufficient evidence gathered. A person is innately innocent, an accused is innocent until proved guilty and no conviction or punishment can be imposed before a fair trial. To sum up my country's position, we condemn terrorism in all its forms, including State~sponsored terrorism. Libya has confirmed and today reconfirms its determination to take every action and make every effort to put an end to this dangerous phenomenon.”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“The situation as put forward by these three countries presupposes the following: that the investigation is complete, which is untrue,, since the three countries are still asking for information, physical evidence and the testimony of witnesses; that the extradition is taken for granted, which is contrary to existing laws; that the trial is over and the two Libyan nationals were convicted fairly and justly; that a final, unequivocal determination has been reached to the effect that the Libyan State is responsible for the defendants' actions; and that, as a result of the final and unequivocal criminal judgement, a civil determination has been rendered to oblige the Libyan State to pay compensation and that the Security Council is required to implement that judgement. Has any of these assumptions been fulfilled?”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“What kind of accusation is it which is still seeking physical evidence, witnesses and information allegedly to be found in the possession of another country? One claim for compensation went to the extreme of bypassing the investigation stage, requests for extradition and the entire trial stage.”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“I remind the Council that three States have asked Libya, inter alia, to disclose all the information on the crime in its possession, including the names of all involved, and to allow communication with witnesses and access to other documents and physical evidence, including the timers. What does this request mean? It can only mean a priori that the investigation is not yet complete, since the investigators lack witnesses and need the names of those involved and physical evidence. The foregone conclusion is that the accusation lacks witnesses and physical evidence. That was the main reason underlying the refusal of the United Kingdom and the United States to transmit the investigation file to the Libyan and other judiciaries.”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“Libya's position has been endorsed by many organizations, as evidenced by the resolutions of the League of Arab States, the Organization of African Unity, the Organization of the Islamic Conference and other international organizations, including some legal organizations, Indeed, my country has taken all possible measures, including those mentioned in the statement of the President of the Security Council on 30 December 1988, . : : ion in which he called on all States to assist in the apprehension and prosecuti of those responsible for that criminal act. . ' : and How can this forum adopt a resolution urging Libya to respond fully : ' ibya to do effectively to illegal requests and asking other countries to urge Liby so, as stipulated in the operative paragraphs of the draft resolution before vs?”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“Under all national constitutions, the conclusions of an investigation are not final until confirmed in judicial judgements. Under what legality can an individual - even if he holds official office - be accused of committing an act that would automatically imply the collusion of that State? We are all aware that a main issue in criminal law under all legal Systems is the verification of the responsibility of the individual, per se. That responsibility is especially important to determine before concluding that the State is responsible for him, even if he is one of its officials. How can the Council condemn Libya for its failure to respond after Libya has taken so many measures?”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“Libya believes that this cannot be done except through the supremacy of international legality, the establishment of peace, the consolidation of _ justice and the deepening of effective international cooperation. Therefore, we in Libya are very sincerely committed to legality and the rule of law. I hope that this will not shake our faith in our conception of the new international order, in which we envisage an essential role for the Security Council based on the principles of the United Nations Charter, For the Council to ignore the legal nature of the issue before it by adopting the draft resolution would have a far-reaching and profound negative impact on the conscience of all nations of the world. How could this forum accept a draft resolution based on incomplete investigatory conclusions?”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“It is clear what the Security Council is competent to consider - namely, a dispute of a political nature in which the parties to it have not followed any of the means for peaceful settlement of disputes set out in Article 33 of the Charter. In such a case, the Council may call upon the parties to settle their dispute by such peaceful means. My country has frequently declared its readiness to negotiate and accept mediation and other peaceful means to settle the dispute. The Security Council should at least call upon the other parties to respond favourably to that expression of readiness. Libya is a small, developing country with limited resources. Our aim is to develop and improve the standard of living of our nationals.”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“The legal nature of the issue cannot be questioned, especially as it relates to major super-Powers that are permanent members of the Security Council and that are aware, even more than other countries, that the Security Council should bear in mind that, in making : : : t recommendations in this respect, it should also take into consideration that, under Article 36, paragraph 3, of the Charter "legal disputes should as a general rule be referred to the International Court of Justice in accordance with the provisions of the Statute of the Court." There can be no doubt that this is a purely legal question. Neither can there be any doubt that therefore the Security Council is a forum that is not competent to consider the question.”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court." Does that text not set forth practical procedures and controls for ensuring the peaceful settlement of the dispute? As for the dispute in connection with extradition, the situation is obvious. There are countless precedents in this regard, including precedents pertaining to the United States of America and France. What is before us is a legal issue. The horrible realities underlying the issue should not make us forget this fact.”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“In regard to the first question, the answer is obvious. If there is a conflict of jurisdiction, it is of a legal nature and international law and the relevant international conventions set out the concrete ways and means to Solve it. The 1971 Convention for the suppression of unlawful acts against the safety of civil aviation - known as the Montreal Convention - stipulates in its article 14 that "Any dispute between two or more Contracting States concerning the interpretation or application of this Convention which cannot be settled through negotiation shall, at the request of one of them, be submitted to arbitration.”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“The judiciary is independent and nothing except domestic and international law can have any control over it, especially when it is dealing with a purely legal question. All that having been said, can anyone claim that my country has not cooperated? My country has cooperated and we are still ready to cooperate to the fullest extent, within the context of absolute respect for international agreements, established norms, prevailing legal systems, and human rights. In our view, the entire issue is absolutely clear. What does this review of the matter demonstrate? It is obvious that if there is an issue before the Council which it has to deal with, it is a legal issue; it is a question Concerning a conflict of jurisdiction, a dispute over the legal determination to be made in connection with a request for extradition.”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“Does this request not seem strange under established international norms, especially when it comes from States like the United Kingdom, with a long history of justice, and the United States of America, which has placed the sovereignty of law and the protection of human rights at the forefront of its ideals? Both these States are members of the Security Council. My country has not dealt with this issue out of illegal motives or incentives or in response to any political decision by the General People's Committees. The problem has nothing to do with the Libyan State, but it does involve Libyan nationals. Only the judiciary has the authority to verify the problem, in accordance with the established principles concerning investigations and accusations, and other fundamental principles.”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“The Jamahiriya handled this matter, which is of a legal nature, in accordance with its valid legislation and with established international law and norms. Now, how did the other parties react to this position, which we firmly believe is a legal and just position? Not only did they reject it, but, moreover, the United Kingdom and the United States requested the extradition of the two Libyan nationals in order that they could be tried in their courts before the completion of the investigation or even before they had been confronted with the actual accusations against them.”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“Fifth, despite the considerations supporting Libyan national jurisdiction, the competent authorities in my country believed that the international dimensions of the alleged events might make an international investigation an appropriate means of starting to resolve the dispute. Up to this very time, the existing dispute has nothing at all to do with the rule of law, to which all declare they are committed. Rather, the dispute is related to multifaceted occurrences involving more than one State. The competent authorities in my country would even have welcomed a neutral investigating committee or reference of the question to the International Court of Justice. Those were the actions taken and the positions held by my country.”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“They offered to cooperate with the investigators in those three countries, But the Libyan investigators have been unable thus far to make any significant progress, owing to the refusal by the United Kingdom, the United States and France to hand over the files of the investigations or submit the evidence in their possession. Everyone knows that there can be no accusation without an investigation and no judgement without a fair trial. These principles are respected in all legislation, including the constitutions of the United States, the United Kingdom and France. Fourth, the competent authorities in my country expressed their readiness to receive investigators to participate in the investigation. They welcomed lawyers of those claiming civil liability as well as representatives of human rights organizations.”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“Secondly, those magistrates initiated an investigation in accordance with the Libyan law of criminal proceedings of 1953, because the matter relates to accusations that two Libyans committed acts that are viewed as crimes under the Libyan penal code and that are also punishable under the law of the country in which the incident occurred, Thirdly, the Libyan investigators contacted the investigating authorities in Scotland, the United States of America and France, requesting investigation files and evidence so that they could fulfil their mandate. The Libyan investigators expressed their willingness to travel to those countries to acquaint themselves with the investigations and review the evidence.”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“Indeed, the United States actually intensified its economic boycott by taking action inconsistent with the international monetary system and violating all established laws and regulations. Despite all that, my country treated the matter seriously and showed due respect for the judicial authorities in the two countries. Libya's competent judicial authorities took the following steps: First, they appointed two investigating magistrates.”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“Thus, the arguments are groundless and cannot support such grave accusations. They are based on false premises and assumptions and are therefore false, because that which is based on false arguments is itself false. Anything else would violate the basic judicial norms and guarantees that all countries, including the United States, the United Kingdom and France, are eager to ensure in their own constitutions. What was the reaction of my country to the two indictments? And I stress that they were not judicial judgements: they were mere indictments, accompanied not by any investigative documentation but by hostile official statements, some of them going so far as to threaten military and economic aggression...”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“That allegation is completely baseless and the assertion invalid. Maltese authorities carried out the necessary investigation, which concluded that no unaccompanied suitcase was on board that flight on that date. That was the determination of Air Malta, which is the most relevant party to the alleged incident. Moreover, the Minister for Foreign Affairs and Justice of Malta, a former President of the General Assembly, confirmed that finding in a statement before the Parliament of the Republic of Malta. In a joint communique by the Prime Minister of the Republic of Malta and the Secretary of the General People's Committee, issued on 17 December 1991, the Maltese side affirmed that "the findings of the investigations proved that no unaccompanied suitcase remained aboard Air Malta flight KM-180 to Frankfurt on 21 December 1988".”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“First, the United States and United Kingdom indictments are intended as final, unequivocal judgements on which there is to be no further discussion: the two Libyan nationals were declared guilty when the indictments were issued. That would mean a new rule of law running counter to the established principle: the accused are now to be considered guilty until proved innocent. Alternatively, the evidence and proof behind those indictments are not serious, and the accusations are based on guesswork and groundless actions. They are based, inter alia, on the allegation that an unaccompanied suitcase was carried on Air Malta flight KM-180 to Frankfurt on 21 December 1988. The indictments further allege that the suitcase contained the tool of the crime that caused the crash of the aircraft.”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“Approximately four years after the horrible Lockerbie accident, United Kingdom and United States investigators suddenly came up with two different indictments. The Scottish application accuses two individuals, while the United States indictment names two individuals and implicates a State and one of its Government services. Although the announcement by the Lord Advocate of Scotland and the indictment by the United States grand jury are ostensibly based on an arduous four-year investigation, no supporting evidence or proof has been made available. All the world's penal codes require that to be valid an indictment must be supported by evidence and proof. An indictment without that supporting evidence or proof can mean only two things.”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“We hope that this meeting of the Council will contribute to dissipating the smokescreen that has engulfed the issue before it. Some have tried to use it to block and indeed distort my country's real position. My country welcomes the meeting of the Council; we might have ventured to ask for a meeting after the direct threat by high-level official circles in the Governments of the United Kingdom and the United States of America to use force against my country. Since the 1988 explosion of the Pan Am aircraft and the 1989 explosion of the UTA aircraft, the world has heard many stories. At various times accusations were leveled against States, groups or both; at different times, different groups were accused, with given groups being declared innocent after having been accused.”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“Boutros Ghali is renowned for his competence and experience, but we take special pride in his assuming that important post since he belongs to a nation that we are proud to belong to, and to a continent of which we are a member and which we cherish. I should also like to take this opportunity to pay tribute to the former Secretary-General, Mr. Javier Perez de Cuellar, for the contribution he made to international peace and security and to the promotion of world economic and social development. I congratulate the countries that became members of the Council at the beginning of this year and I pay tribute to the countries whose membership in the Council expired at the end of last year. My country welcomes the convening of the Security Council, in spite of the facts that I shall explain later in my statement.”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source
“Mr. BELGASEM EL-TALHI (Libyan Arab Jamahiriya) (interpretation from Arabic): At the outset, Sir, allow me on behalf of my delegation to congratulate you on your assumption of the presidency of the Security Council for the current month. Your task demands extraordinary wisdom and patience and a deep sense of justice. It is our earnest hope that your vast experience will help inspire you and the Council with the principles of justice, truth and respect for law. We also pay tribute to your predecessor who presided over the Council last month, I am very pleased also to take this opportunity to express our sincere congratulations to Mr. Boutros Ghali, who has just taken office as Secretary-General of the United Nations. Mr.”
1992-01-21 · UN Security Council · Security Council, S/PV.3033 (1992) · source