YouSaid · the spoken record

Bensouda

lines on the record: 546
first: 2012-11-07
most recent: 2021-06-09
sittings or episodes: 32
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

“Individuals alleged to have committed serious crimes in Libya must be brought to justice either in Libya or at the International Criminal Court; this is not negotiable. It is regrettable that progress has been slow in the case of Mr. Abdullah Al-Senussi since the Chamber's ruling that the case was inadmissible before the ICC and that he should be tried in Libya. We urge the Government of Libya to ensure that the case against him is proceeded with without undue delay and with full respect for his due process rights. It is even more regrettable and indeed a source of great concern that, despite the Chamber's order for the Government of Libya to surrender Mr. Saif Al-Islam Al-Qadhafi to the custody of the ICC, to date he has not been surrendered to the Court.”
2014-05-13 · UN Security Council · Security Council, S/PV.7173 (2014) · source
“This will also bring to bear the resources of the international community to help resolve the situation of Tawergha once and for all. There is no doubt that Libya needs help to succeed in its aspirations to transition to democracy and the rule of law. Justice is key to lasting peace, and justice should therefore be at the forefront of international efforts to help Libya. The key partners of Libya should seriously consider forming a contact group on justice issues through which material and legal support could be provided regularly to enhance Libya's efforts to bring justice to the victims. The Government of Libya has repeatedly expressed its commitment to meeting its international legal obligations and has sought help in order to do so. That help should be forthcoming as soon as possible.”
2014-05-13 · UN Security Council · Security Council, S/PV.7173 (2014) · source
“Steps taken by the Government of Libya, together with the United Nations Support Mission in Libya, to plan a national conference on internal displacement and to organize meetings with the exiled Tawergha Local Council, as well as between the Tawergha Local Council and the Misrata Local Council are very much welcome. The national conference has yet to take place, however, and these efforts have yet to bear fruit. They must be intensified. It is important for the Government of Libya to bring all relevant stakeholders together to address alleged crimes in Tawergha. The participation of key partners from the international community in these discussions will be a clear message to the Tawerghans and Misratans that the situation of Tawergha is of concern to the international community.”
2014-05-13 · UN Security Council · Security Council, S/PV.7173 (2014) · source
“While the number of detainees requiring transfer to proper Government-controlled detention facilities has reportedly dropped from 8,000 to 7,000, the process of transfer of prisoners to State-controlled detention centres has to be speeded up. Illegal detentions and torture should have no place in modern Libya. Those alleged to be responsible for these crimes must be investigated, prosecuted and face the full force of the law. My Office stands ready to work with the Libyan Government to bring this scourge to an end. The time has also come for the Libyan Government to resolve the Tawergha issue.”
2014-05-13 · UN Security Council · Security Council, S/PV.7173 (2014) · source
“The steady decline in the security situation has hampered my Office's investigative activities and hindered possibilities for effective interaction with the Government of Libya. Strengthening Libya's ability to assume its security responsibilities remains key to the success of our joint endeavours to bring lasting peace to Libya. Increased, well-coordinated international efforts to provide support to Libya therefore remain essential. Libya should heed the Council's call on all parties to support the democratic transition in Libya, including agreement on its immediate next steps, and to engage in political dialogue and refrain from violence and actions that challenge the stability of the State. Reports of torture and mistreatment, as well as deaths by torture in illegal detention centres, are worrying.”
2014-05-13 · UN Security Council · Security Council, S/PV.7173 (2014) · source
“Ms. Bensouda: It is just over three years since my Office started interacting with the Security Council on Libya following the Council's adoption of resolution 1970 (2011), referring the situation in Libya to the International Criminal Court (ICC). The opportunity to once again engage with the Council as I present the seventh report regarding developments in Libya is welcome, as always. In March this year, Libya marked the third anniversary of its revolution. We continue to witness the strong determination of the Libyan people to consolidatetheirfreedomandbuildamoderndemocratic State that upholds the rule of law and respects human rights. Notwithstanding those aspirations, Libya continues to face serious security challenges and a deep political crisis that undermine its ability to effect much-needed meaningful judicial and other changes.”
2014-05-13 · UN Security Council · Security Council, S/PV.7173 (2014) · source
“I invite the Government of the Sudan to bring proof of that willingness and ability to the judges of the ICC. I agree that the Court and the Council have separate, although interrelated, mandates. However, the Government of the Sudan's refusal to challenge the admissibility of the cases before the ICC or to arrest and surrender the individuals concerned is a challenge - not only for my office but for the Council. We cannot afford to ignore that challege any longer.”
2013-12-11 · UN Security Council · Security Council, S/PV.7080 (2013) · source
“Ms. Bensouda: The Government of the Sudan's representative speaks of the willingness and ability of the Sudan to investigate and prosecute. The Security Council is not the forum for addressing willingness and ability. It is the responsibility of the judges of the International Criminal Court (ICC) to assess willingness and ability on a case-by-case basis. The Government of the Sudan's representative has stated plainly that he does not respect the decision of the Council to mandate the Court and my Office to investigate and prosecute the most serious crimes committed in Darfur. The Government of the Sudan has been aware of the alleged crimes committed by Ali Kushayb, Ahmed Haroun, Abdelrahim Hussein and Mr. Omer Al-Bashir. The nature of those crimes has been made public for nearly nine years. Yet nothing on those cases has been done.”
2013-12-11 · UN Security Council · Security Council, S/PV.7080 (2013) · source
“The resolution encourages further strengthening of the Security Council's relationship with the Court, such as through support for international justice in peacekeeping mandates, the holding of annual open debates on the Court and identifying other means to institutionalize cooperation. Rome Statute States parties have an essential role to play in making that stronger relationship a reality. That is certainly essential if we dare hope to make progress towards ending impunity in Darfur. I still believe that is possible. I hope the Council does as well.”
2013-12-11 · UN Security Council · Security Council, S/PV.7080 (2013) · source
“On the matter of non-cooperation, the Council has yet to respond to eight formal communications from the Pre-Trial Chamber, including concerning the non-cooperation of the Government of the Sudan in the Harun and Kushayb case. The Council's silence and inaction contribute to the Sudan's continued determination to ignore the Council. The Office recalls the statement of the Chamber in these cases that the ICC has no enforcement mechanism and thus relies on the States' cooperation, without which it cannot fulfil its mandate and contribute to ending impunity. Let me conclude by noting the Assembly of States Parties' omnibus resolution from its recent 2013 session - resolution ICC-ASP/12/Res.8 - in particular its reference, in paragraph 13, to the Security Council's presidential statement S/PRST/2013/2, of 12 February 2013.”
2013-12-11 · UN Security Council · Security Council, S/PV.7080 (2013) · source
“My Office notes attacks on human rights defenders, civil society members and community leaders, which likewise have a corrosive effect on the ability of communities to speak up in search ofjustice, peace and security. Those communities are also increasingly exposed to unliveable conditions by attacks on humanitarian aid workers and peacekeepers, which diminish the assistance they can receive and which prevent the United Nations Mission in Darfur from being able to execute its mandate. The interference of the Sudan's National Intelligence and Security Services in the work of humanitarian aid workers has caused substantial deterioration in the level of health coverage that they have provided as a stop-gap to the total lack of local services.”
2013-12-11 · UN Security Council · Security Council, S/PV.7080 (2013) · source
“My Office has also noted increasing clashes between Arab tribes that have in the past supported the Government of the Sudan's Janjaweed militia, including related concerns that the Government of the Sudan is increasingly willing to fan the flames of violence, even among its traditional allies, to deflect their demands for greater compensation for their involvement in the military campaign of the past 10 years. My Office notes the pervasive and corrosive effect of organized sexual and gender-based violence on women and girls, which is a key concern for my Office, and the fact that it remains seriously underreported. Sexual and gender-based violence is undoubtedly a threat to peace and security in Darfur.”
2013-12-11 · UN Security Council · Security Council, S/PV.7080 (2013) · source
“My Office has taken note of a recent survey that identifies violence in Darfur as the major cause of death among refugees, and the apparent ongoing pattern of incidents previously highlighted by my Office wherein thousands of militia members enter targeted towns in Land Cruiser vehicles, on horseback and on camels and confront local tribe members. Those attacks have allegedly resulted in civilians killed and injured, with tens of thousands displaced at a time.”
2013-12-11 · UN Security Council · Security Council, S/PV.7080 (2013) · source
“Much as the precise numbers of displaced persons may be in doubt, there is reason to believe that the crisis may even be worse than imagined and is exacerbated by lack of access to humanitarian aid, such as food, water and the most rudimentary shelter in the form of plastic sheets. Allegations of the hijacking or stealing of humanitarian aid food deliveries by the Government of the Sudan's Humanitarian Aid Commission are also of concern to my Office, as they have reportedly left hundreds of thousands of internally displaced persons suffering. Alleged aerial bombardments affecting civilians also feature in our overview. There is no doubt that civilians continue to bear the brunt of all these armed attacks.”
2013-12-11 · UN Security Council · Security Council, S/PV.7080 (2013) · source
“It is particularly noteworthy and indeed disturbing that persons against whom arrest warrants have already been issued are allegedly implicated in the commission of these crimes. If it has not been clear to the Council before, it should now be clear that lasting peace in Darfur will remain elusive for as long as those alleged to be responsible for the commission ofthese crimes remain at large. The alleged crimes include attacks by the Ministry of Defence, either targeting or indiscriminately affecting civilians and other persons, as well as alleged attacks by rebel movements, alleged criminal acts affecting displaced persons, and alleged abductions of and attacks on humanitarian aid workers and peacekeepers, among others. The plight of displaced persons is particularly worrying.”
2013-12-11 · UN Security Council · Security Council, S/PV.7080 (2013) · source
“The failure of the international community and the Council in particular to put pressure on the Government of the Sudan to arrest and surrender persons against whom arrest warrants have been issued continues to present an ongoing challenge for my Office in moving forward with the other trials. Within my Office's limited resources, security challenges and lack of cooperation on the part of the Government of the Sudan, my Office's activities in these other cases are limited to preserving evidence and maintaining contacts with witnesses. That is the only way we can ensure a smooth kick-start of judicial proceedings in the event that the fugitives are arrested. The report submitted to the Council for this briefing provides an overview of allegations of crimes that continue to be committed in Darfur and that cry out for full investigation.”
2013-12-11 · UN Security Council · Security Council, S/PV.7080 (2013) · source
“Banda to appear voluntarily is a clear sign of the confidence that he has in the system of justice provided at the ICC and his strong belief that he will receive fair, impartial treatment in accordance with the highest standards of procedural fairness and due process, including the right to be presumed innocent until proven guilty. A message to all other Darfur fugitives is that they have nothing to fear in coming to ICC if they are innocent. To be sure, any person brought before the Court will be afforded all the requisite facilities and enjoy the right to legal assistance and other necessary safeguards to ensure that he or she undergoes a fair trial that respects the due process guarantees stipulated in the Rome Statute.”
2013-12-11 · UN Security Council · Security Council, S/PV.7080 (2013) · source
“Accordingly, any such referral would become futile." In spite of the frustrations, challenges and obstacles, my Office's determination to carry out the mandate given to it by resolution 1593 (2005) has not and will not waver. We owe it to Darfur's victims to show them that we have not abandoned them and that we may be their only hope for justice. To this end, our judicial activities are ongoing; in particular, preparations for the trial of Mr. Abdallah Banda Abakaer Nourain are on track. My Office has focused on that case in particular, taking into account that the trial is scheduled to start on 5 May 2014. The willingness oer.”
2013-12-11 · UN Security Council · Security Council, S/PV.7080 (2013) · source
“At this point, we can do no more than recall the astute words of the Pre-Trial Chamber of the Court when it opined: "When the Security Council, acting under Chapter VII of the United Nations Charter, refers a situation to the Court as constituting a threat to international peace and security, it is expected that the Council would respond by way of taking such measures which are considered appropriate, if there is an apparent failure on the part of the relevant State party to the Statute to cooperate in fulfilling the Court's mandate entrusted to it by the Council. Otherwise, if there is no follow-up action on the part of the Security Council, any referral by the Council to the ICC under Chapter VII would never achieve its ultimate goal, namely, to put an end to impunity.”
2013-12-11 · UN Security Council · Security Council, S/PV.7080 (2013) · source
“The Council's silence, even when notified of clear failures and/or violations by States Members of the United Nations of their obligations to comply with the Council's resolutions only serves to add insult to the plight of Darfur's victims. The question that Darfur's victims are undoubtedly asking themselves is: Has resolution 1593 (2005) become meaningless? What is the point of the Office of the Prosecutor's briefings if there is no concrete follow-up action taken by the Council? Why has none of the eight ICC Chamber communications transmitted to the Council by the Registrar not been acted upon?”
2013-12-11 · UN Security Council · Security Council, S/PV.7080 (2013) · source
“Alleged perpetrators of serious crimes against the civilian population will continue to commit crimes unless they are brought to justice. My Office has done its part, and it is now up to the Council and to the States parties to heed the cries of the millions of victims of the crimes that continue unabated in Darfur. The time has come for the Council and States parties to seriously devise strategies for arresting those alleged to be responsible for these crimes. That is the only way to stop the seemingly endless suffering of the Darfur victims. It is a serious indictment on the Council and on States parties that Mr. Al-Bashir and Mr. Hussein have been able to travel to various countries without fear of arrest.”
2013-12-11 · UN Security Council · Security Council, S/PV.7080 (2013) · source
“Since 2004, the Council has adopted 52 resolutions and 17 presidential statements and issued 17 press statements on the Sudan situation as a whole. The Government of the Sudan's failure to cooperate with the ICC is but one of the many incidents of the Government of the Sudan's continuous failure and/ or refusal to implement the Council's decisions. Inaction and paralysis within the Council have not only prolonged the suffering of Darfur's victims, but have bolstered Mr. Al-Bashir's resolve to ignore the Council, prompting him to even publicly boast in a 13 October 2011 speech that the Sudan does not implement Security Council resolutions. The same, sadly, holds true today. Without stronger action by the Council and States parties, the situation in the Sudan is unlikely to improve.”
2013-12-11 · UN Security Council · Security Council, S/PV.7080 (2013) · source
“Sadly, not enough seems to have been done to identify those responsible, despite the repeated insistence of the United Nations and the African Union that the Government of the Sudan must duly investigate. It is in the common interests of the United Nations, the African Union and the ICC to ensure that those responsible for attacking peacekeepers are swiftly brought tojustice. I encourage the United Nations and the African Union to share information from their own internal investigations with my Office, in the interests ofjustice. This year alone, 460,000 people have been newly displaced in Darfur. The number of people killed, abducted and displaced continues to grow each year. All these are crimes that will not stop unless the Council and the States parties to the Rome Statute show a determination to apprehend their authors.”
2013-12-11 · UN Security Council · Security Council, S/PV.7080 (2013) · source
“Not only does the situation in Darfur continue to pose a threat to international peace and security, but other situations - such as that in Abyei, as well as the situation along the border between the Sudan and South Sudan - have also deteriorated. In 10 years, the situation in Darfur alone has cost the United Nations and humanitarian aid organizations more than $10.5 billion, and has taken the lives of 47 aid workers, with many more injured and abducted. Attacks on peacekeepers appear to have become the norm, with a record number of 57 killings. In this reporting period alone, peacekeepers from Tanzania, Rwanda, Zambia and Senegal have been killed. My Office salutes their sacrifices and recalls that intentional attacks on personnel involved in peacekeeping missions are crimes under the Rome Statute.”
2013-12-11 · UN Security Council · Security Council, S/PV.7080 (2013) · source
“That hope was strengthened even further when the Council mandated my Office to report on progress every six months in order to enable the Council to remain actively seized of their plight. Sadly, with each report provided by my Office to the Council, the hopes of the victims of Darfur have faded. With this eighteenth report, it would be an understatement to say that all hope is lost. Over the years and despite the blatant disregard of the Government of the Sudan for the Council's resolutions and presidential statements, the situation in Darfur has continued to deteriorate and the plight ofDarfur victims has continued to go from bad to worse.”
2013-12-11 · UN Security Council · Security Council, S/PV.7080 (2013) · source
“Ms. Bensouda: In my last briefing to the Council in June (see S/PV.6974), I expressed my Office's frustration and despair at the Council's inaction and paralysis regarding the situation in Darfur. This is my Office's eighteenth report to the Council since the adoption of resolution 1593 (2005), by which the Council, acting under Chapter VII of the Charter of the United Nations, referred the situation in Darfur to the International Criminal Court. Resolution 1593 (2005) represented hope for Darfur's victims - hope that there would be an end to their suffering; hope that there would be accountability for crimes, and that justice would not only be done but would be seen to be done; and hope, above all, that lasting peace and security would return to Darfur.”
2013-12-11 · UN Security Council · Security Council, S/PV.7080 (2013) · source
“Allow me to conclude by stating firmly that the Office will always conduct its mandate impartially and in strict conformity with the Court's legal framework, devoid of extraneous considerations, and that we will pursue perpetrators where we have jurisdiction. The establishment of international rule of law, impartially applied, requires this of us.”
2013-11-14 · UN Security Council · Security Council, S/PV.7059 (2013) · source
“On NATO's conduct during its operation in Libya, I noted in my last report that the Office had found no information to conclude that NATO's air strikes, which may have resulted in civilian deaths or injury, or damaged civilian objects, were the result of the intentional directing of attacks against the civilian population, as such, or against civilian objects, which would be clearly excessive to the anticipated military objective and advantage. My Office has encouraged NATO to cooperate fully in Libya's national efforts to investigate civilian casualties. In the current report, my Office welcomes the agreement between NATO and the Government of Libya to work more closely together in the future.”
2013-11-14 · UN Security Council · Security Council, S/PV.7059 (2013) · source
“On the question of the detentions in Zintan, the Court takes the matter very seriously and is intent on decyphering precisely what transpired during the course of that mission. We are taking appropriate measures. The matter is in the hands of President Song and the Registry, and they are doing the assessment. I understand that both the Presidency and the Registry have been in contact with the legal authorities in that regard. I respect the President's and the Registrar's respective mandates in this regard.”
2013-11-14 · UN Security Council · Security Council, S/PV.7059 (2013) · source
“Al-Senussi is in detention and benefitting from the due process guarantees that are offered by confident State control. That is not entirely the case with respect to Saif Al-Islam Al-Qadhafi. The judges found that the information that was submitted in the case of Saif Al-Islam Al-Qadhafi lacked the degree of specificity that is necessary to meet the test. The Libyans have offered to submit more information, and the Court is considering that request. I think that the different positions of the Court's judges and my Office highlight respectively in these two cases the impartial legal proceedings before the Court, which are always in strict conformity with the legal framework of the Rome Statute.”
2013-11-14 · UN Security Council · Security Council, S/PV.7059 (2013) · source
“Ms. Bensouda: I take this opportunity to thank all speakers for their statements of support regarding my Office's work and the work of the International Criminal Court. On the question relating to the difference between the cases of Al-Senussi and Al-Qadhafi before the Court, which I believe was raised initially by the representative of the Russian Federation, let me state that the assessment of admissibility is on a case-by- case basis. It is not enough for a State to assert that it can undertake a trial, and the Court does not judge the system as a whole. In the case of Al-Senussi, the volume of information submitted was sufficient to show that the Libyan courts are trying the same case, that is, of the same individuals for the same crimes. Furthermore, the case is factually different from that of Saif Al-Islam Al-Qadhafi.”
2013-11-14 · UN Security Council · Security Council, S/PV.7059 (2013) · source
“Towards that end, I again encourage the Government of Libya to make public a comprehensive strategy to address serious crimes committed in the country, regardless of who is the perpetrator and who is the victim, and I encourage Libya's partners to step up to the challenge ahead of us and to make effective not only the ICC mandate in Libya, but that of the Council.”
2013-11-14 · UN Security Council · Security Council, S/PV.7059 (2013) · source
“I welcome the memorandum as a positive commitment of the Government of Libya to accountability and providing justice to Libya's victims, and indeed to cooperating with the ICC in the investigation and prosecution of additional cases against those most responsible for the most serious crimes under the Court's jurisdiction committed in Libya. I will conclude by reiterating that Libya's challenges are our own, and we will all share in the successes or failures of these efforts to bring justice to the victims in Libya and peace and security to its people.”
2013-11-14 · UN Security Council · Security Council, S/PV.7059 (2013) · source
“Among other things, we will require telephone intercepts and sustained follow-up on transfers of funds to establish the whereabouts and movements of persons under investigation. This is all information that we can access only with the assistance of States. Above all, we hope we can count on the cooperation of States in facilitating the smooth arrest and surrender of those against whom warrants will be issued. This is key to sending a clear message to would-be Libyan and all other would- be perpetrators that the international community is watching and will no longer allow impunity to reign unchecked. I view the memorandum of understanding as an important confidence-building measure in the working relationship between my Office and the Government of Libya, and my hope is that it will pave the way to closing the impunity gap in Libya.”
2013-11-14 · UN Security Council · Security Council, S/PV.7059 (2013) · source
“I am also pleased to report that my Office and the Government of Libya have committed to supporting each other's investigations and prosecutions through the exchange of information, subject to confidentiality and protection obligations. To be absolutely clear, this agreement neither relieves the International Criminal Court or the Libyan courts of their respective jurisdictions, nor does it apply and/or affect the ongoing judicial proceedings in either the SaifAl-Islam Al-Qadhafi or the Al-Senussi cases. The support of the Council and of the international community will be crucial for the colossal task of collecting evidence to untangle the modus operandi of the networks responsible for committing crimes.”
2013-11-14 · UN Security Council · Security Council, S/PV.7059 (2013) · source
“To that end, my Office and the Government of Libya have recently concluded a burden-sharing memorandum of understanding, whose purpose is to facilitate our collaborative efforts to ensure that individuals allegedly responsible for committing crimes in Libya as of 15 February 2011 are brought to justice either at the ICC or in Libya itself. While my Office will prioritize its investigations and prosecutions of those who are outside the territory of Libya and thus largely inaccessible to the Libyan authorities, the Government of Libya will prioritize investigations of those suspects who are within Libyan territory.”
2013-11-14 · UN Security Council · Security Council, S/PV.7059 (2013) · source
“Some are still in the country, while others are abroad, where they continue to use their influence to destabilize the country and pose a security threat to civilians. It is impossible for the ICC to investigate and prosecute all perpetrators alone. Neither can Libya undertake that demanding task by itself. The investigation and prosecution of a few by both the International Criminal Court and the Government of Libya should not result in impunity for the many. Joint, complementary efforts by both the Government of Libya and the Court, strongly and actively supported by the international community, are thus crucial to ending impunity in the country.”
2013-11-14 · UN Security Council · Security Council, S/PV.7059 (2013) · source
“It is fundamentally important that the Council both remind and urge the Libyan Government to comply with the decisions of the Chamber, even when they do not suit the Government's position. I stress how critically important it is that all States respect and implement the decisions of the Court's judges. The obligation to surrender persons against whom arrest warrants have been issued to the Court must be respected. Political considerations have no place in law that is impartially and independently applied. I strongly urge the Government of Libya to surrender Saif Al-Islam Al-Qadhafi to the Court without further delay. There are many others who are alleged to have committed crimes or who have continued to commit crimes in Libya since February 2011.”
2013-11-14 · UN Security Council · Security Council, S/PV.7059 (2013) · source
“It also falls on the Council and the international community to assist Libya in that process and to ensure that justice is not only done, but is seen to be effectively done. By contrast, in the case of Saif Al-Islam Al-Qadhafi, the Pre-Trial Chamber has ruled the case admissible before the ICC, on the grounds that Libya has failed to meet the legal criteria for making the case inadmissible. In its subsequent admissions to the Chamber, the Government of Libya has sought further time to provide additional information, and the matter is currently under consideration by the Chamber. In the meantime, the Court has reiterated the obligation of the Government of Libya to surrender Mr. Al-Qadhafi to its custody.”
2013-11-14 · UN Security Council · Security Council, S/PV.7059 (2013) · source
“In essence, the Chamber was satisfied that, in this specific case, Libya met the statutory criteria for stopping my Office from continuing its investigations and prosecution of Abdullah Al-Senussi. After fully studying the decision, my Office has concluded that there is no legal basis for appeal. Should new facts arise in the future that negate the basis on which the case was found inadmissible, my Office will not hesitate to request a review of the decision. The challenge now is for Libya to demonstrate to the world that Al-Senussi will receive a genuinely fair, impartial and speedy trial that respects all his rights and fundamental guarantees, including the right to counsel of his choice.”
2013-11-14 · UN Security Council · Security Council, S/PV.7059 (2013) · source
“Through its active involvement in related proceedings before the Court, Libya is setting an example of how States can invoke complementarity to protect their sovereign right to investigate and prosecute their nationals. My Office and the Libyan Government have robustly advanced our respective positions in court on the question of who should prosecute two accused Libyan nationals who we both believe are most responsible for serious crimes under the Court's jurisdiction committed within the territory of Libya. On 11 October, the Court's Pre-Trial Chamber issued its decision on the admissibility of the Abdullah Al-Senussi case, finding it inadmissible before the ICC.”
2013-11-14 · UN Security Council · Security Council, S/PV.7059 (2013) · source
“The fact-finding and reconciliation commission to be established following the adoption of the new transitional justice law must bring all parties together with a view to resolving the issue sooner rather than later. I should recall that ordering the displacement of the civilian population for reasons related to the conflict other than for security or military imperatives is a crime over which my Office can still exercise jurisdiction. As I remarked during my previous briefing to the Council (see S/PV.6962), Libya has embraced the Rome Statute process and chosen to engage with the Court. The admissibility challenges that are before the Court are testing the application of the Rome Statute provisions in an unprecedented manner.”
2013-11-14 · UN Security Council · Security Council, S/PV.7059 (2013) · source
“It is incumbent upon the Ministers of Justice, the Interior and Defence of the State of Libya to speedily ensure that detainees are transferred to proper Government-controlled detention facilities, where they can be either charged, with their due-process rights fully respected, or, where appropriate, released. Torture and inhumane treatment of prisoners should have no place in the new Libya. Equally disturbing are the simmering tensions around the Tawergha minority issue. Those tensions and the possibility of reprisals have the potential to reignite violence in the country. It bears stressing that those who seek to defend the revolution and see to it that it succeeds are at real risk of burying it if they do not take concrete and immediate steps on this issue.”
2013-11-14 · UN Security Council · Security Council, S/PV.7059 (2013) · source
“In this new country, Libya desires to become and be recognized as a stable, democratic society that fully observes the rule of law and punishes perpetrators of crimes that shock the conscience of humankind. Those aspirations, while genuine and praiseworthy, have yet to be fully realized. There have certainly been promising gains. For instance, the draft law that would make rape during armed conflict a war crime in Libya is a most welcome step in the right direction. Conversely, it is a matter of great concern that thousands of detainees remain in uncertain conditions in the country, with multiple and apparently well-founded allegations of torture and even killings in detention reported. My Office fully shares the concerns of the United Nations that unless this problem is effectively addressed now, it will only escalate with time.”
2013-11-14 · UN Security Council · Security Council, S/PV.7059 (2013) · source
“The security situation in Libya remains volatile and precarious, marked by car bombings, abductions and assassinations of public and security officials. That unfortunate fact has understandably hampered my Office's ability to operate in Libya in furtherance of its investigative activities. We hope the security situation in Libya will improve, in order to enable my Office to effectively follow up and intensify its investigations. My Office welcomes initiatives aimed at helping to rebuild Libya's military and law-enforcement agencies to reinforce security for Libya and all Libyans. We call on all States to assist Libya in its efforts to become a fully fledged, secure, democratic society that adheres to the highest standards of justice. The Libyan people deserve no less.”
2013-11-14 · UN Security Council · Security Council, S/PV.7059 (2013) · source
“Ms. Bensouda: This is the sixth time that my Office reports to the Security Council since the adoption of resolution 1970 (2011), by which the Council, acting under Chapter VII of the Charter of the United Nations, referred the situation in Libya to the International Criminal Court (ICC). My Office appreciates the opportunity to once again engage with and update the Council on developments in the Libya situation and the related proceedings before the Court. Libya has come a long way since the 2011 uprising that paved the way for the Libyan people to rebuild their country towards a more promising future. The new Libya has had notable successes, including the holding of the first democratic elections in half a century, but the country still faces formidable challenges.”
2013-11-14 · UN Security Council · Security Council, S/PV.7059 (2013) · source
“More needs to be done, however, to unlock the potential of our two institutions to prevent and resolve conflicts and to stop the suffering of millions of victims of crimes committed during such conflicts. We stand ready to continue doing our part, but the time is long past due for the Council to act with courage and conviction by adopting appropriate measures within its mandate to ensure that Sudanese fugitives are brought to justice sooner rather than later.”
2013-06-05 · UN Security Council · Security Council, S/PV.6974 (2013) · source
“We must be careful not to embolden fugitives from justice into thinking that they will be rewarded for manipulating their way into positions of indispensability even as they continue to commit crimes. I encourage the Security Council to find creative ways to engage with all the relevant organizations dealing with the Darfur situation, including the ICC, to assess progress on shared goals, and particularly, where the ICC is concerned, on the goal of bringing to justice those alleged to have committed the most serious crimes of concern to the international community. Since the Guatemala initiative in October and the informal interactive dialogue last month, the relationship between the ICC and the Council has begun to strengthen in a positive way, and one that is much appreciated.”
2013-06-05 · UN Security Council · Security Council, S/PV.6974 (2013) · source
“I note the visit to Khartoum from 20 to 23 May of the Head of the Office for the Coordination of Humanitarian Affairs, Valerie Amos, which included a meeting with ICC indictees Omar Al-Bashir, Abdel Raheem Hussein and Ahmad Harun. My Office appreciates the prior notification of the meeting that it received from the United Nations and its assessment that the meeting was considered strictly necessary for carrying out essential United Nations-mandated duties. I strongly encourage the United Nations to conduct an ongoing critical analysis of such contacts in order to assess whether they have indeed contributed to the successful conduct of such duties. We must ask ourselves whether what the United Nations gains from them is worth their cost.”
2013-06-05 · UN Security Council · Security Council, S/PV.6974 (2013) · source
“My Office has noted many other such incidents in the past. This is part of an ongoing pattern. My Office has also pointed with concern to the ongoing involvement of the ICC indictees Ahmad Harun and Abdel Raheem Hussein in alleged crimes elsewhere in the Sudan. Those crimes are of concern to the international community and require urgent and concerted action. Again, this is a question of potential individual criminal responsibility, not of group or organizational responsibility. The repeated travels of President Al-Bashir, particularly to Chad, are also a matter of concern that should receive the attention of the Council. It is of great concern that the Council has failed to act on any of the seven formal communications from the Judges of the International Criminal Court on these matters.”
2013-06-05 · UN Security Council · Security Council, S/PV.6974 (2013) · source