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

“More than 100 civilians were killed, with scores more injured, and more than 30,000 people, mostly women and children, were displaced into Chad. Although most of the refugees are of Salamat ethnicity, members of non-Arab ethnic groups such as Masalit, Kajaksa, Fur, Dajo and Tama also fled the fighting. As one witness said, "They did not see any difference between communities, they just wanted people to leave. They stole our cows and burned our crops and took our clothes from our house and burned the house down. We saw them." Observers have suggested that the Government of the Sudan wanted to appease members of the Misseriya and Ta'isha tribes who participated in the Janjaweed militia by helping them to seize the land of Salamat people, considered by some to be Chadian nationals, and forcibly displacing them in the process.”
2013-06-05 · UN Security Council · Security Council, S/PV.6974 (2013) · source
“I also note reports of the ongoing involvement of ICC indictee Ali Muhammad Ali Abd-Al Rahman, also known as Ali Kushayb, with the Sudanese Central Reserve Police in clashes in Central Darfur in April 2013. According to recent reports, witnesses have placed Kushayb at the centre of an attack on 8 April on the town of Abu Jeradil, 30 kilometres south of Urn Dukhun, riding in a Government vehicle, together with units from the Central Reserve Police, border intelligence and other Government-affiliated militia. Reportedly, large numbers of heavily armed men, most wearing khaki uniforms, arrived in two phases, first on foot and then in vehicles. They shot indiscriminately, burned homes and shops, stole livestock and looted goods.”
2013-06-05 · UN Security Council · Security Council, S/PV.6974 (2013) · source
“My Office has taken note of some reports of the prosecution of rebels under the Government of the Sudan's Anti-Terrorism Act, but of no real prosecutions of systematic crimes committed by Government forces. This cannot be allowed to continue. In my previous report, I expressed my commitment to working with regional organizations endeavouring to contribute to a comprehensive solution. The recommendations of the African Union High-level Panel on Darfur on justice, if implemented, would go a long way towards addressing the challenge of the deliberate imposition and tolerance of impunity not only in Darfur, but in the Sudan as a whole. I encourage the African Union to take up this invitation for dialogue on the justice recommendations of the High-level Panel with enthusiasm and conviction.”
2013-06-05 · UN Security Council · Security Council, S/PV.6974 (2013) · source
“I echo the concerns of the African Union Peace and Security Council, which were publicized in March 2013, that the Government of the Sudan must end impunity in Darfur by bringing all criminals to justice, must arrest and try those suspected of crimes against the African Union-United Nations Hybrid Operation in Darfur, and must facilitate the work of humanitarian organizations and the delivery of aid by cancelling visa restrictions for staff, which has been described as a federal Government responsibility. I encourage both the United Nations and the African Union to work together with my Office to monitor actual progress in this regard. We have repeated this call too many times without effect. We cannot simply repeat history in having these discussions.”
2013-06-05 · UN Security Council · Security Council, S/PV.6974 (2013) · source
“It is for this reason that the Council referred the situation in Darfur to the International Criminal Court (ICC) in order to address individual criminal responsibility for the most serious crimes of concern to the international community, with a view to ending impunity. We have done our part, and it is up to the Council to live up to the legitimate expectations ofDarfur's victims that individuals alleged to be responsible for their daily sufferings shall be brought to justice. Those individuals are just a few among a population of millions who continue to endure untold daily suffering at the hands of those few. We cannot ignore the disproportionate effects of their actions, which is why my Office is providing a briefing again today.”
2013-06-05 · UN Security Council · Security Council, S/PV.6974 (2013) · source
“I have noted in particular the Council's concern about the actions of some individuals affiliated with the Government of the Sudan and armed groups, who continue to commit violence against civilians, impede the peace process and disregard the demands of the Council. I believe that the link between those different actions is critical. I would submit that those individuals who commit crimes are inherently uninterested in the peace process or the demands of this Council. They do not put the true interests of the Sudan first, and as long as they enjoy impunity for the crimes they commit, they will continue to represent a threat to international peace and security.”
2013-06-05 · UN Security Council · Security Council, S/PV.6974 (2013) · source
“As set out in resolution 2091 (2013), adopted 14 February 2013, the ongoing aerial bombardments in Darfur, which can be attributed to only one party in the conflict; the use of sexual violence as a weapon of war; the deliberate imposition of restrictions on the delivery of humanitarian aid even in the face of an urgent humanitarian crisis; and the ongoing impunity for those crimes are major problems for Darfur and for all of us who care about what happens to the Darfuri Victims who suffer the brunt of those crimes. My Office shares the concern of the Council that business relations with the Sudan, if not monitored carefully, could have the effect of facilitating, funding and supporting crimes against civilians. The normalization of relations with the Sudan should not come at such a high price to victims.”
2013-06-05 · UN Security Council · Security Council, S/PV.6974 (2013) · source
“In particular, my Office shares the concerns of the head of the Office for the Coordination of Humanitarian Affairs, Valerie Amos, that 300,000 people were displaced in the first five months of 2013 alone - more than were displaced in the past two years. Her warning that the international community cannot let Darfur slip off the radar must be seriously heeded.”
2013-06-05 · UN Security Council · Security Council, S/PV.6974 (2013) · source
“Ms. Bensouda: It is with a deep sense offrustration, even despair, that my Office presents its seventeenth briefing to the Council on the situation in Darfur, the Sudan, since the Council referred this situation to my Office in 2005, in accordance with resolution 1593 (2005). Regrettably, each briefing has been followed by inaction and paralysis within the Council while the plight of victims of crimes committed in Darfur has gone from bad to worse. My Office's deep sense of disappointment should come as no surprise to the Council, given the serious concerns shared within the United Nations about the situation in Darfur.”
2013-06-05 · UN Security Council · Security Council, S/PV.6974 (2013) · source
“It is a backdoor attempt to politicize the judicial processes of the Court. The letter referred to by the Permanent Representative of Rwanda has not been transmitted to us. We therefore reserve our rights to respond to it in detail in due course and we hope we will be given that opportunity once it has been transmitted to us. Furthermore, it is for the presidency of the International Criminal Court to assign and reassign judges to different chambers, depending on the exigencies ofthe work. I reject as an unfounded attempt to discredit the work of the International Criminal Court any insinuation that the reassignment of Judge Christine Van den Wyngaert has anything to do with the working methods of the Office of the Prosecutor or of the Court as a whole.”
2013-05-08 · UN Security Council · Security Council, S/PV.6962 (2013) · source
“Ms. Bensouda: I also want to express my gratitude to the members of the Security Council for their words of encouragement and support for the Office of the Prosecutor and our work. While today the Council is not discussing the situation in Kenya, I find myself compelled to set the record straight with regard to remarks made by the Permanent Representative of Rwanda. The International Criminal Court (ICC) has always and will always continue to respect the sovereign equality of all States. However, the ICC will not shy away from investigating individuals for any alleged crimes, irrespective of their status. On the basis of the Permanent Representative of Rwanda's statement, I must surmise that the information contained in Kenya's letter to the Council is unfounded and incorrect.”
2013-05-08 · UN Security Council · Security Council, S/PV.6962 (2013) · source
“Regardless, I look forward to continuing my discussions with the Council about how we can ensure that our coordinated follow-up of referrals of situations like that in Libya will allow us to bring our considerable resources and knowledge to bear in ensuring that peace and justice prevail in Libya.”
2013-05-08 · UN Security Council · Security Council, S/PV.6962 (2013) · source
“They must be a shining example of what we can achieve through human endeavours to seek justice. These trials can be Libya's Nuremberg moment, one that will endeavour to seal the primacy of the rule of law, due process and human rights for future generations. My Office looks forward to discussing with Prosecutor-General Radwan and the Libyan authorities the best way forward and how we can collaborate and coordinate our efforts to ensure that all alleged perpetrators are held to account. As Prosecutor, I cannot and should not get involved in political considerations; nor should I ever stretch the interpretation of the norms adopted in Rome. Equally, neither the Council or its members nor any State, for that matter, should ever seek to interfere with the judicial processes of the Court.”
2013-05-08 · UN Security Council · Security Council, S/PV.6962 (2013) · source
“My Office is encouraged to see the important strides made in transforming Libya, including the first democratic elections in more than four decades, the installation of a new Government last November, and the appointment of a new Prosecutor-General. Those signs of progress cannot eclipse the challenge that Libya faces in addressing the legacy of so many years of impunity. It need not be a challenge that Libya faces alone. By the same token, Libya must realize that with the international intervention in Libya, in the context of all of the developments that have taken place in the last three years in the region, what happens with Libya's perpetrators is a page in the history books of international justice, no matter where those investigations and prosecutions take place.”
2013-05-08 · UN Security Council · Security Council, S/PV.6962 (2013) · source
“The constructive and fruitful discussions between my Office and the Libyan delegation focused on cooperation and the coordination of efforts to advance the Office's investigative activities, both within and outside Libya. Those preliminary positive discussions illustrate the willingness of my Office and the Government of Libya to cooperatively work together in furthering investigations that could lead to the arrest and surrender of alleged perpetrators, both inside and outside Libya. I plan to travel to Libya soon to further my discussions with the highest political authorities. Allow me to stress the importance of all of us working together with the Government of Libya to realize a comprehensive strategy for justice.”
2013-05-08 · UN Security Council · Security Council, S/PV.6962 (2013) · source
“Complementarity and cooperation define the relationship between the Court and national justice systems. Both are therefore essential for the implementation of international justice and the punishment of crimes under the Rome Statute. Above all, both are essential for ensuring that prosecution of the few does not result in impunity for the many. It is for that reason that my Office continues to explore possibilities for mutually reinforcing judicial activities with the Government of Libya in fostering complementarity. I recently met the new Libyan Prosecutor-General, Mr. Abdul Qader Juma Radwan, and the Libyan ICC focal point, Mr. Ahmed El-Gehani, who travelled to The Hague at my request to discuss our ongoing investigations.”
2013-05-08 · UN Security Council · Security Council, S/PV.6962 (2013) · source
“The Office plans to take a decision regarding a second case in the near future and will consider additional cases after that, depending upon the Government of Libya's progress in implementing its comprehensive strategy. My Office also continues to be concerned about the allegations of crimes committed by rebel forces, including the expulsion of residents of Tawergha, who have been unable to return home, the ongoing alleged persecution of ethnic groups perceived to have been affiliated with the Al-Qadhafi regime and specific incidents as yet unaccounted for, such as the alleged execution of 50 persons on the grounds of the Mahari Hotel in Sirte in October 2011, and the alleged arbitrary detention, torture, killings and destruction of property that arose during Libyan Government and militia operations in Bani Walid in September 2012.”
2013-05-08 · UN Security Council · Security Council, S/PV.6962 (2013) · source
“By conducting fair, just and transparent judicial proceedings for all alleged perpetrators, while also continuing to respect the ICC judicial process, Libya can set a lasting example for other States. Given the extensive crimes committed in Libya and the challenges facing the new Libyan Government, the ICC's mandate is still essential to ending impunity in Libya. My Office therefore continues to conduct investigations of crimes committed in Libya. My Office is aware of allegations of serious crimes committed by former Al-Qadhafi officials, some ofwho are now outside of Libya. We are currently engaged in the process of documenting the most serious of those crimes and are documenting the current activities of those officials who were most responsible for them.”
2013-05-08 · UN Security Council · Security Council, S/PV.6962 (2013) · source
“In doing so, Libya demonstrates its full understanding of the difference between the Council's political mandate and the ICC's judicial mandate, even where the Council has referred the situation to the International Criminal Court. More important, Libya is engaged in the development of the law. Irrespective of the outcome, the admissibility processes under way at the ICC will set the standard for years to come on how the Court and States interact with each other regarding national proceedings. As the Statute dictates, a State seeking a finding of inadmissibility of cases before ICC must satisfy the judges that it is genuinely investigating and prosecuting the same persons for the same conduct as that under investigation by the Office of the Prosecutor. That is the law and nothing short of that will suffice.”
2013-05-08 · UN Security Council · Security Council, S/PV.6962 (2013) · source
“The Council must therefore continue assisting Libya through the difficult times that it faces. It is only through our joint coordinated efforts that justice and peace will prevail. Following the admissibility challenges filed by the Libyan Government with regard to the Saif Al-Islam AI-Qadhafi and Abdullah Al-Senassi cases and in accordance with the Rome Statute, investigations with respect to those cases have been suspended. The Al-Qadhafi case has advanced to a stage where it remains for the Chamber to pronounce itself on the submissions made by all parties. We expect the Chamber to do so in the near future. Only last week, my Office filed its response to Libya's challenge on the admissibility of the Al-Senussi case. It is commendable that Libya is invoking its rights under the Rome Statute through a judicial process.”
2013-05-08 · UN Security Council · Security Council, S/PV.6962 (2013) · source
“Ms. Bensouda: Thank you, Mr. President, for this opportunity to address the Security Council for the fifth time on the situation in Libya since it was referred to the International Criminal Court (ICC), in February 2011. When the Security Council referred the situation in Libya to the Court, it had determined that it would be in the interest of peace and security. We have all witnessed developments in Libya since the demise of the Al-Qadhafi regime. Despite important progress made in moving Libya forward on the path of democracy, the rule of law and respect for human rights, many challenges remain. The resolve of the Council when it referred the situation in Libya was not only to ensure accountability for perpetrators of crimes, but also to secure lasting peace for the Libyan people.”
2013-05-08 · UN Security Council · Security Council, S/PV.6962 (2013) · source
“The justice process is an essential component of any strategy aimed at truly stopping ongoing crimes, by publicly exposing to the highest independent judicial standards the reasons why and how those crimes have been committed, who has been responsible for them, and how they must be stopped. I have been encouraged of late by my participation in discussions with Rome Statute States parties and others aimed at galvanizing action to ensure greater cooperation in the Darfur and other Council-referred situations, including through the implementation of outstanding arrest warrants. I am committed to working with both States parties and Non-States parties, inside and outside of the Security Council, to push those processes forward.”
2012-12-13 · UN Security Council · Security Council, S/PV.6887 (2012) · source
“The investigation and preparation for the trial have involved unique challenges, including the translation of all materials for the defence into Zaghawa, a tribal language with no written form. That work demonstrates the commitment of the Office and the Court to a fair trial. I look forward to the opportunity to present to the judges the substantial and voluminous evidence gathered in the other four cases, including following the arrest and surrender of four individuals sought by the Court. That is an essential step towards delivering justice for Darfur's victims. I believe it will also shed light on the obstacles facing other international processes, such as those endeavouring to bring relief to victims through the delivery of humanitarian aid or the conduct of a peace process that aims to be principled and substantive.”
2012-12-13 · UN Security Council · Security Council, S/PV.6887 (2012) · source
“My Office undertakes this interaction with the African Union on its justice recommendations pursuant to its policy of positive complementarity. Investigating the Darfur situation remains an enormous challenge for the Office. Despite these challenges, we managed to conduct full investigations that have led to five arrest warrants - two against the same individual - and three summonses to appear. Good progress has been made towards the start of the trial for two of the three individuals accused of war crimes in the rebel attack on the African Union peacekeeping base at Haskanita, in Northern Darfur. I expect that trial to begin in 2013, although the defence has asked for its postponement until 2014.”
2012-12-13 · UN Security Council · Security Council, S/PV.6887 (2012) · source
“My Office and I personally remain committed to working with regional organizations endeavouring to contribute to a comprehensive solution, including the League of Arab States and the African Union. The recommendations of the African Union High- Level Implementation Panel for Sudan will be one among other points for discussion that I intend to raise in my interactions with former President Mbeki and the African Union Commission Chairperson, Ms. Nkosazana Dlamini-Zuma. The recommendations of the African Union High-Level Panel on justice, if implemented, would go a long way towards addressing the Challenge of the deliberate imposition and tolerance of impunity not only in Darfur, but in the Sudan as a whole.”
2012-12-13 · UN Security Council · Security Council, S/PV.6887 (2012) · source
“That includes a 25 May 2010 decision of the Pre-Trial Chamber, informing the Council about the lack of cooperation by the Republic of the Sudan, in particular in the Harun and Kushayb cases; two 27 August 2010 decisions of the Pre-Trial Chamber informing the Council and the Rome Statute Assembly of States Parties about President Al-Bashir's visit to Chad and of his presence in the territory of the Republic of Kenya; the 12 May 2011 decision of the Pre-Trial Chamber informing the Council and the Rome Statute Assembly of States Parties about his visit to Djibouti; the 12 December 2011 decision of the Pre-Trial Chamber pursuant to article 87(7) of the Rome Statute on the failure of the Republic of Malawi to comply with the cooperation requests issued by the Court with respect to the arrest and surrender of President Al-Bashir; and the 13 December 2011 decision of the Pre-Trial Chamber pursuant to article 87(7) of the Rome Statute on the failure of the Republic of Chad to comply with the cooperation requests issued by the Court with respect to the arrest and surrender of President Al-Bashir.”
2012-12-13 · UN Security Council · Security Council, S/PV.6887 (2012) · source
“The findings on genocide, moreover, were entered following a ruling by the five-member bench of the Appeals Chamber. The Pre-Trial Chamber identified the individuals who must face justice and issued arrest warrants for a militia/ Janjaweed leader, Ali Kushayb, who reported to the then Minister of State for the Interior, Ahmed Harun, who in turn reported to the then Minister of the Interior Abdel Raheem Muhammad Hussein, who reported to President Al-Bashir. Their responsibility is not a mere consequence of their official roles. In all of these cases, there are witnesses who describe in detail their active participation in the strategy to commit crimes as well as in the execution of that strategy. The Judges of the ICC have formally communicated six times to the Council without receiving any response.”
2012-12-13 · UN Security Council · Security Council, S/PV.6887 (2012) · source
“Despite the challenges we faced, including non-cooperation by the Government of the Sudan, the Office conducted independent and impartial investigations and submitted its evidence to the judges. Contrary to the often-repeated allegations of bias and politicization of the Office's investigative activities, the judges of the Pre-Trial Chamber independently evaluated the evidence to determine whether there were reasonable grounds to believe that particular individuals bore individual criminal responsibility for these crimes. Having considered all the evidence, the judges concluded that Government of the Sudan forces committed war crimes, crimes against humanity and genocide in Darfur, following a strategy adopted at the highest echelons ofthe State apparatus.”
2012-12-13 · UN Security Council · Security Council, S/PV.6887 (2012) · source
“Investigating the Darfur situation was an enormous challenge for the Office and a huge sacrifice for the witnesses and victims, whose lives remain at risk as a result of their interaction with the Court. The question they ask is: Were their sacrifices in vain? In its resolution 2063 (2012), the Council expressed concerns about ongoing impunity and the lack of any progress on national proceedings to date, after nearly eight years of reported efforts on the part of the Government of the Sudan authorities. It should be clear to the Council that the Government of the Sudan is neither prepared to hand over the suspects nor to prosecute them for their crimes.”
2012-12-13 · UN Security Council · Security Council, S/PV.6887 (2012) · source
“The question that remains to be answered is: How many more civilians must be killed, injured and displaced for the Council to be spurred into doing its part? There are no words to properly express the frustration of Darfur's victims, which we share, about the lack of any meaningful progress towards arresting those indicted by the Court. The failure of the Government of the Sudan to implement the five arrest warrants seems symbolic of its ongoing commitment to a military solution in Darfur, which has translated into a strategy aimed at attacking civilian populations over the past 10 years, with tragic results. The victims of Darfur crimes can hardly wait for the day that fragmentation and indecision will be replaced by the decisive, concrete and tangible actions they expect from the Council.”
2012-12-13 · UN Security Council · Security Council, S/PV.6887 (2012) · source
“The Council referred the situation in Darfur because of its firm belief that the justice process is an essential component of any strategy aimed at truly stopping ongoing crimes and achieving peace in Darfur. We have always believed the referral to be a joint endeavour of the Council and the Court to contribute to lasting peace in Darfur through investigation and prosecution ofthose who bear the greatest responsibility for the most serious crimes. Indeed, in this and other contexts, the Council has reaffirmed the vital importance of promoting justice and the rule of law, including respect for human rights, as an indispensable element of lasting peace. My Office and the Court as a whole have done their part in executing the mandate given by this Council in accordance with the Rome Statute.”
2012-12-13 · UN Security Council · Security Council, S/PV.6887 (2012) · source
“My Office will consider whether further investigations and additional applications for arrest warrants are necessary to address ongoing crimes, including those undertaken with the aim of thwarting the delivery of humanitarian aid, attacks on peacekeepers of the African Union-United Nations Hybrid Operation in Darfur, as well as bombardments and other direct attacks on civilian populations. The words of the Government of the Sudan's representatives, promising further peace initiatives, are undermined by actions on the ground that show an ongoing commitment to crimes against civilians as a solution to the Government's problems in Darfur. The Council should be even more concerned about the situation in Darfur, given that crimes continue to be committed, including by those already indicted by the Court.”
2012-12-13 · UN Security Council · Security Council, S/PV.6887 (2012) · source
“Ms. Bensouda: I am briefing the Security Council as the second Prosecutor of the International Criminal Court (ICC) to address the situation of Darfur, in the Sudan, which the Council referred to my Office through resolution 1593 (2005). This is my Office's sixteenth briefing to the Security Council on the subject of Darfur. The situation in Darfur continues to be of serious concern to me and my Office. In my report, I have indicated specific incidents of concern, which seem to represent an ongoing pattern of crimes committed pursuant to the Government-avowed goal of stopping the rebellion in Darfur. I must reiterate that these alleged ongoing crimes, similar to those already considered by the judges of the International Criminal Court on five separate applications, may constitute war crimes, crimes against humanity and genocide.”
2012-12-13 · UN Security Council · Security Council, S/PV.6887 (2012) · source
“The Court requires evidence of a sufficient degree of specificity and probative value to demonstrate that Libya is indeed investigating the case. I believe that Libya is aware of its obligations. The burden of proof of course remains with the Government of Libya. The process in which we are engaged is ongoing. I believe that the dialogue between the Court and the Government of Libya will also be ongoing.”
2012-11-07 · UN Security Council · Security Council, S/PV.6855 (2012) · source
“Ms. Bensouda: I thank you, Mr. President, for this second opportunity. I would also like to take the opportunity to thank members of the Council for their support in this process. There was a specific question raised by the representative of South Africa regarding the process that is currently ongoing at the International Criminal Court, namely, the challenge of admissibility by Libya. I can only say here that the judges will decide that. I believe that many members have already commented on the matter. Of course, it is not my place to prejudge the judges' decision. However, I can say that my Office finds it positive that the Government of Libya is engaging in the judicial process. I think that that is very positive. As a policy, my Office has always encouraged and supported national proceedings. The test set by the Court is clear.”
2012-11-07 · UN Security Council · Security Council, S/PV.6855 (2012) · source
“It appreciates the Government of Libya's commitment to ensuring the Office's security while it operates on the territory of Libya. Given its limited resources and ever-increasing workload, my Office can only do so much to help Libya to move forward. The fate of the Libyan people is in their hands. I look forward to continuing dialogue with the Libyan Government and other key partners to ensure transparency in this essential and ongoing legal process.”
2012-11-07 · UN Security Council · Security Council, S/PV.6855 (2012) · source
“My Office continues to collect evidence in relation to a possible second case in Libya. No decision has yet been taken as to the focus of that second case. We continue to collect information on allegations of rape and sexual violence, which targeted both men and women; allegations against other members of the Al-Qadhafi Government for crimes committed during the events of 2011; and allegations of crimes committed by rebels or revolutionary forces, including against the residents of Tawergha, individuals hors de combat and detainees. I will take a decision on the direction of a possible second case in the near future. My Office also continues to assess the security situation in terms of its potential impact on the Office's ongoing investigations.”
2012-11-07 · UN Security Council · Security Council, S/PV.6855 (2012) · source
“I encourage the Government of Libya to make that strategy public and to work with key partners to receive feedback on the strategy and to seek out the views and the concerns of victims in Libya. The early finalization of the strategy will be yet another milestone on Libya's path to democracy and the rule of law. My Office takes note of Law 38, which grants amnesty at the national level for acts made necessary by the 17 February revolution, as well as Law 35, which purportedly ensures that any act found to be in contravention of international law and human rights covenants will not be exempt. I encourage the new Libyan Government, scheduled to be sworn in in the coming days, to ensure that there is no amnesty for international crimes and no impunity for crimes, regardless of the perpetrator or the victim.”
2012-11-07 · UN Security Council · Security Council, S/PV.6855 (2012) · source
“I call on the international community, in particular the Council, to intensify its efforts to assist the Government of Libya in any way that it can in order to combat impunity and to reinforce a culture of the rule of law. I believe that, by working together, we can help to address the threats to Libya's security, both from within and from outside, that have been created by past and ongoing criminality. I also believe that we can show the Libyan people that the world is committed to assisting them in their efforts to secure justice and lasting peace. My Office understands that the Government of Libya has committed to a comprehensive strategy to address all crimes and to end impunity in Libya.”
2012-11-07 · UN Security Council · Security Council, S/PV.6855 (2012) · source
“In that regard, I encourage international support and assistance to enhance Libya's capacity to deal with past crimes and to promote the rule of law. I wish to thank the Government of Libya for its commitment to working with the ICC and for its active engagement in the judicial process. I encourage the Government to redouble those efforts in the interests of justice. My Office appreciates the challenges inherent in the historic political transition under way in Libya. I believe that all sides would agree that justice must remain a key element of that transition. Looking beyond the cases currently before the Court, there remains much that my Office and the Government of Libya can do together to make justice a reality for Libya's victims.”
2012-11-07 · UN Security Council · Security Council, S/PV.6855 (2012) · source
“Should it ultimately succeed, my Office will monitor the proceedings and will cooperate with Libya, to the extent that my mandate permits, in order to ensure that they remain genuine. If, on the other hand, the Court rules that the case should be heard before the ICC, I will count on Libya's full support and cooperation to ensure that the proceedings of the Court are both successful and seen to be successful by the Libyan public, who are the first and most important audience for any such proceedings at the ICC. Let me also emphasize the ever-present need for complementary and mutually supportive approaches to addressing accountability generally, involving the full range of transitional justice mechanisms.”
2012-11-07 · UN Security Council · Security Council, S/PV.6855 (2012) · source
“It is worth recalling and emphasizing that the Rome Statute gives national institutions the primary responsibility to investigate and to prosecute such crimes, with the ICC intervening only if they are inactive or unwilling or unable to genuinely do so. Nonetheless, as the Appeals Chamber has previously upheld, a State challenging admissibility must provide the Court with evidence of a sufficient degree of specificity and probative value that demonstrates that it is indeed investigating a case. Pursuant to its stated policy, my Office promotes and encourages genuine national proceedings to combat impunity for the most serious crimes of international concern. We await the Court's ruling on Libya's challenge.”
2012-11-07 · UN Security Council · Security Council, S/PV.6855 (2012) · source
“The Court heard from the Prosecution, the Defence and legal representatives, as well as the Libyan authorities, who asserted that they were investigating the same conduct as that investigated by my Office and that is now before the International Criminal Court. The Pre-Trial Chamber will decide in due course on the merits of the admissibility challenge as to whether the case should be heard before the International Criminal Court or in Libya. My Office appreciates the commitment of the Libyan authorities to respect the judicial process and will continue to engage with them within the limits prescribed by the Rome Statute.”
2012-11-07 · UN Security Council · Security Council, S/PV.6855 (2012) · source
“N0 investigations of these crimes could conceivably have been undertaken by the Al-Qadhafi regime, and International Criminal Court (ICC) intervention was, at that time, the only way to establish justice for victims of the Gaddafi regime's crimes. A lot has happened since the Council referred the situation to the ICC. Both Saif Al-Islam Al-Qadhafi and Abdullah Al-Senussi have been arrested and are in detention. The Libyan authorities have challenged the admissibility of the case against Saif Al-Qadhafi and have indicated their intent also to Challenge the admissibility of the case against Al-Senussi in the near future. On 9 and 10 October, the judges of Pre-Trial Chamber I convened a hearing to receive oral submissions on the Government of Libya's admissibility challenge in relation to the case against Saif Al-Islam Al-Qadhafi.”
2012-11-07 · UN Security Council · Security Council, S/PV.6855 (2012) · source
“I stand ready to cooperatively work with the Council in our joint endeavours to promote international criminal justice and end impunity, in furtherance of our mutual quest for lasting peace. The situation in Libya remains of serious concern to me and to my Office. The Council will recall that following its referral, and after the Office investigated and presented its evidence to the Chamber, on 27 June 2011, the Judges issued three arrest warrants for Muammar Al-Qadhafi, Saif Al-Islam Al-Qadhafi and Abdullah Al-Senussi. Libyan members of the National Transitional Council informed the Office in April that the warrants had played a crucial role in delegitimizing Al-Qadhafi, Saif Al-Islam and Al-Senussi, at a time when the opposition was struggling to draw attention to the commission of serious crimes in Libya.”
2012-11-07 · UN Security Council · Security Council, S/PV.6855 (2012) · source
“Ms. Bensouda: I am honoured to present the fourth briefing on the activities of the Office of the Prosecutor in furtherance of resolution 1970 (2011). As this is my first opportunity to address the Security Council, allow me to express my gratitude for the Council's swift, unanimous action in referring the situation in Libya to the Office of the Prosecutor so as to ensure accountability for the most serious crimes. Last month's dialogue session, held under the Guatemalan presidency, on the relationship between the Council and the Court is yet another example of the Council's commitment to fostering understanding and enhancing relations between the two institutions.”
2012-11-07 · UN Security Council · Security Council, S/PV.6855 (2012) · source