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

“I also greatly appreciate the support offered by many States, including Italy, the Netherlands, Tunisia, the United Kingdom, Lithuania, Ireland, Spain and France. I note the extension of the mandate of the United Nations Support Mission in Libya and look forward to our continued valuable collaboration. The perpetrators of serious international crimes are emboldened when they believe they will never face justice. The cycle of impunity has provided a breeding ground for the committing of atrocities in Libya. Breaking that cycle requires a concerted international effort in order to ensure accountability for atrocity crimes. Through the arrest and surrender of ICC fugitives, the international community can begin to bring justice to the Victims in Libya and help prevent future crimes and victimization.”
2019-11-06 · UN Security Council · Security Council, S/PV.8660 (2019) · source
“My Office's collaborative efforts with national law-enforcement authorities have helped to identify which of the judicial actors are best placed to investigate and prosecute migrant-related crimes in Libya, and I am pleased to inform the Council that this strategy of cooperation has borne fruit. My Office has provided key evidence and information to national authorities that has facilitated progress in a number of investigations and prosecutions related to crimes against migrants in Libya. I would be remiss ifI did not recognize the ongoing cooperation of the Office of Libya's Prosecutor- General. I commend the Libyan authorities for their continued commitment to implementing the November 2013 memorandum of understanding concluded between the Government of Libya and my Office.”
2019-11-06 · UN Security Council · Security Council, S/PV.8660 (2019) · source
“My team continues to collect and analyse documentary, digital and testimonial evidence relating to alleged crimes committed in detention centres. We are assessing the viability ofbringing cases before the ICC in relation to migrant-related crimes in Libya, based on that evidence-driven process. It is worth recalling that the ICC is a court of last resort, in accordance with the principle of complementarity. It acts only when States do not genuinely investigate and prosecute serious international crimes or are unable to do so. Consistent with that principle, my Office is concentrating its efforts on positive complementarity. Pursuant to goal 6 ofmy Office's strategic plan, my team is actively assisting States that are investigating and prosecuting individuals who have allegedly committed crimes against migrants in Libya.”
2019-11-06 · UN Security Council · Security Council, S/PV.8660 (2019) · source
“My team continues to examine allegations against all parties to the conflict in order to assess whether they bear criminal responsibility under the Rome Statute. I condemn all unlawful violence in Libya resulting in the loss of life and injury. My Office remains seized of the situation in Libya, and if the actions of any party amount to war crimes or crimes against humanity and all the required elements of the Rome Statute are satisfied, they may be liable to prosecution. Let me be clear. I will not hesitate to bring new applications for warrants of arrest against those most responsible for alleged crimes that fall under the jurisdiction of the ICC. With regard to alleged crimes committed against migrants in Libya, the Council will recall that my Office has adopted a two-pronged approach aimed at closing the impunity gap.”
2019-11-06 · UN Security Council · Security Council, S/PV.8660 (2019) · source
“I also note reports of the indiscriminate shelling of the Mitiga airport in Tripoli and the multiple attacks perpetrated against health workers and medical facilities. On 2 July, air strikes on a migrant detention centre in Tajoura, east of Tripoli, reportedly killed 53 people and injured 130. In addition, there have been reports of an alleged summary execution of Libyan National Army-affiliated fighters and some civilians at Gharyan Hospital. My Office is also following events in southern Libya, where violent clashes and air strikes in Murzuq have reportedly claimed many lives. I reiterate my previous calls to all parties to the armed conflict to heed the rules of international humanitarian law.”
2019-11-06 · UN Security Council · Security Council, S/PV.8660 (2019) · source
“In accordance with resolution 1970 (2011), I urge all States, including Libya and Egypt, to facilitate the immediate arrest and surrender of the Libyan fugitives to the Court. The situation in Libya continues to be grave. I am deeply alarmed by reports indicating that, since early April, more than 100 civilians have been killed, 300 have been injured and 120,000 have been displaced as a result of the armed conflict. As detailed in my report, several events of particular concern have occurred over the past six months. I strongly condemn the car bomb attack in Benghazi on 10 August that killed five people, including three United Nations staff members, and injured multiple other civilians.”
2019-11-06 · UN Security Council · Security Council, S/PV.8660 (2019) · source
“In this respect, I note that this is the second time that the General Command of the Libyan National Army has promoted Mr. Al-Werfalli. The first promotion took place on 25 May 2017, after Videos depicting the first four unlawful executions allegedly perpetrated by Mr. Al-Werfalli had already been posted online. During the reporting period, my Office also continued to investigate allegations against other perpetrators with a view to potential applications for additional warrants of arrest. The effective power to arrest and surrender ICC suspects rests solely with States. However, my Office is working to increase opportunities for outstanding arrest warrants to be executed. To this end, in line with its strategic goals, my Office is developing, in coordination with States, enhanced strategies and methodologies to track and arrest suspects.”
2019-11-06 · UN Security Council · Security Council, S/PV.8660 (2019) · source
“Al-Tuhamy still resides in Cairo. Thirdly, Mr. Al-Werfalli - a suspect we allege to be individually criminally responsible for war crimes under the Rome Statute - continues to enjoy his liberty in the Benghazi area. Furthermore, credible reports investigated by my Office indicate that the General Command of the Libyan National Army recently - on 8 July - promoted Mr. Al-Werfalli from the rank of Major to Lieutenant Colonel. This promotion sends a clear message that General Khalifa Haftar, Commander of the Libyan National Army, has no intention to genuinely prosecute Mr. Al-Werfalli for the crimes alleged against him in the ICC arrest warrants. On the contrary, it seems that Mr. Al-Werfalli continues to be rewarded for his behaviour.”
2019-11-06 · UN Security Council · Security Council, S/PV.8660 (2019) · source
“The three cited ICC fugitives stand accused of grave international crimes. These crimes include the war crimes of murder, torture, cruel treatment and outrages upon personal dignity, and the crimes against humanity of persecution, imprisonment, torture and other inhumane acts. My Office has reliable information on the current whereabouts of all three suspects. Yet, Mr. Al-Qadhafi, Mr. Al-Tuhamy and Mr. Al-Werfalli remain at large, and justice remains elusive for the victims of their alleged crimes. First, Mr. Al-Qadhafi is believed to be in Zintan, Libya. Secondly, when the warrant for Mr. Al-Tuhamy's arrest was issued, he was believed to be residing in Cairo, Egypt. This was reflected in the arrest warrant itself, which was unsealed on 24 April 2017. The information currently available to my Office indicates that Mr.”
2019-11-06 · UN Security Council · Security Council, S/PV.8660 (2019) · source
“The Appeals Chamber had previously also invited the Council to submit observations on the appeal by 24 October. The Council did not elect to do so. Nonetheless, both the State of Libya and the Council are invited to attend the scheduled hearing next week in The Hague. Let me stress that irrespective of the current admissibility proceedings, Libya remains under an obligation to arrest and surrender Mr. Al-Qadhafi to the International Criminal Court (ICC). The failure to execute warrants of arrest is not limited to Mr. Al-Qadhafi's case. The ICC arrest warrant against Mr. Al-Tuhamy Mohamed Khaled has remained outstanding for more than six years. Furthermore, the two arrest warrants against Mr. Mahmoud Mustafa Busayf Al-Werfalli have remained unexecuted for more than two years since the first warrant was issued.”
2019-11-06 · UN Security Council · Security Council, S/PV.8660 (2019) · source
“I am pleased to inform the Council that my Office has made further progress in its existing investigations and is continuing to work on applications for new warrants of arrest. Regarding recent developments in the case against the suspect Mr. Saif Al-Islam Al-Qadhafi, the Council will recall that Mr. Al-Qadhafi's challenge to the admissibility of his case was rejected earlier this year. Mr. Al-Qadhafi had filed an appeal against this decision. The Appeals Chamber recently ordered that a hearing be scheduled before it on 11 and 12 November to hear submissions and observations in Mr. Al-Qadhafi's appeal. The Appeals Chamber has invited the State of Libya to submit observations on issues arising from the appeal by tomorrow, 7 November.”
2019-11-06 · UN Security Council · Security Council, S/PV.8660 (2019) · source
“Ghassan Salame, without the unequivocal support of the Council and the broader international community for an immediate end to the Libyan conflict, Libya will be at risk ofbeing embroiled in persistent and protracted conflict and continued fratricide (see S/PV.86ll). The implosion of Libya must carry a heavy burden on the conscience of the international community and galvanize meaningful action to assist the Libyan authorities in bringing stability to the country and an end to the cycle of violence, atrocities and impunity. Impunity serves as both an obstacle and a threat to stability and must be checked through the force of law. My Office continues to strive to do its part to ensure justice for victims and hold accountable those alleged to be responsible for committing Rome Statute crimes in Libya.”
2019-11-06 · UN Security Council · Security Council, S/PV.8660 (2019) · source
“Ms. Bensouda: I welcome the opportunity to engage with the Security Council once again as Ipresent my eighteenth report on the situation in Libya, pursuant to resolution 1970 (2011). Before I begin, I would like to congratulate the United Kingdom on assuming the presidency of the Security Council for the month of November. I wish the presidency and the wider Council success in the important work before them. At the outset, I must observe with serious concern that there was an escalation of violence in Libya during the reporting period. Reports indicate that there have been a high number of civilian deaths, thousands of persons internally displaced and a sharp increase in abductions, disappearances and arbitrary arrests across the country. As recently highlighted by the Special Representative of the Secretary-General in Libya, Mr.”
2019-11-06 · UN Security Council · Security Council, S/PV.8660 (2019) · source
“The current reported violence against civilians in Darfur must stop and all the ICC Darfur suspects must stand trial. We must not squander this opportunity. Now is the time to act. The victims of the Darfur situation have waited far too long to see justice done. We must not fail them. I thank members of the Council for their attention, and I trust that the Council will take decisive action in support of ensuring accountability in this situation.”
2019-06-19 · UN Security Council · Security Council, S/PV.8554 (2019) · source
“My Darfur team will keep working, and I will continue to do everything in my power to obtain justice for the victims in the Darfur situation, but my Office cannot secure the arrest and surrender of the suspects without support. To secure renewed cooperation between my Office and the Sudan, the Council must provide strong and effective support. In a press statement issued on the 11 June (SC/13836) - more than 14 years after referring the Darfur situation to my Office - the Council once again emphasized the importance of accountability andjustice in the Sudan. With the Council's support, and the cooperation of the authorities in the Sudan, there is an opportunity now to make real progress in the pursuit of accountability and justice for the victims in the Darfur situation.”
2019-06-19 · UN Security Council · Security Council, S/PV.8554 (2019) · source
“Before concluding my remarks, I wish to acknowledge the support that my Office has received from many States, including members of the Council, which have publicly called for the Sudan's cooperation with the ICC following recent developments in the Sudan. Similarly, I want to thank all those individuals and organizations that support my Office, including those inside and outside the Sudan, calling for the arrest and surrender of the Darfur suspects to the ICC. I also express my sincere appreciation to those who continue to provide my Office with valuable information in relation to events in the Sudan. Their continued dedication to ensuring justice for victims in the Darfur situation is truly inspirational.”
2019-06-19 · UN Security Council · Security Council, S/PV.8554 (2019) · source
“1 also note with concern reports that the RSF have allegedly seized facilities and assets previously held by the African Union-United Nations Hybrid Operation in Darfur (UNAMID). In that context, I support the AU Peace and Security Council's resolve to extend UNAMID's mandate for a period of 12 months and its request to the Security Council to do the same, as well as its rejection of the Transitional Military Council's call for UNAMID to hand over assets to the RSF, and its request that those assets be handed over to civilian authorities. With respect to recent alleged crimes in Darfur, let me be clear that I will continue to monitor events closely, and I will not hesitate to investigate and, where appropriate, prosecute those most responsible for alleged crimes that fall under the jurisdiction of the International Criminal Court.”
2019-06-19 · UN Security Council · Security Council, S/PV.8554 (2019) · source
“The approximately 1.64 million internally displaced persons in Darfur remain especially vulnerable, and sexual and gender-based violence continues to restrict the freedom of movement of women and girls in camps for internally displaced persons and areas of return. Attacks against peacekeeping personnel also continue in Darfur. I share the deep concern expressed by the African Union (AU) Peace and Security Council on 13 June that security and political developments in the Sudan have contributed to the recent deterioration of the security situation in Darfur. I trust that the Council will support the AU Peace and Security Council's call on the international community to continue to support the population in need in Darfur.”
2019-06-19 · UN Security Council · Security Council, S/PV.8554 (2019) · source
“I am aware that the Transitional Military Council has stated that it is investigating those events, and I urge it to ensure that the investigation is promptly conducted by independent experts and that it include all reported human rights violations against peaceful protestors throughout the Sudan, including in Darfur. Attacks against civilian populations in Darfur have continued during the reporting period and appear to be increasing in severity. For example, in January a militia attack in Kura, which I refer to as Katur in my report, resulted in the killing of two civilians and the burning of almost 50 houses. More recently, an attack on Deleij market an 9 June reportedly resulted in the killing of a number of civilians. Once again, such attacks are unacceptable and must stop.”
2019-06-19 · UN Security Council · Security Council, S/PV.8554 (2019) · source
“The Office of the United Nations High Commissioner for Human Rights reported that, as of 9 April, those attacks had resulted in the deaths of 70 people. It is of particular concern that, according to the Executive Director of the United Nations Children's Fund, at least 19 children have reportedly been killed in the crackdown on protestors. The 3 June attack prompted widespread calls, including by the Secretary-General and the Office of the United Nations High Commissioner for Human Rights, for an investigation into the use of excessive force by security forces against civilian protestors.”
2019-06-19 · UN Security Council · Security Council, S/PV.8554 (2019) · source
“Those abuses include the crimes alleged in a number of the arrest warrants of the suspects in the Darfur situation. It is simply intolerable that reported attacks on civilians in Darfur and elsewhere in the Sudan continue to be perpetrated. I join the Council in strongly condemning the recent violence in the Sudan. The Sudanese authorities have announced 61 fatalities following the 3 June attack, while civil society organizations in the Sudan refer to the deaths of more than 100 protestors. Those attacks also resulted in sexual and gender-based violence and arbitrary arrests. That was the latest of a series of reported attacks by security forces on demonstrators in the Sudan, including in Darfur, since mid-December 2018.”
2019-06-19 · UN Security Council · Security Council, S/PV.8554 (2019) · source
“Together with members of the Council, past and present, I have repeatedly stressed that ending impunity for alleged Rome Statute crimes in Darfur is essential to the maintenance of peace and security in Darfur and beyond. As recent events in Darfur sadly demonstrate, those are not empty slogans. In the absence of accountability, security forces, including aligned militias, allegedly continue to commit crimes against civilians, undeterred. Most recently, in Khartoum, the Sudan's security forces, including the Rapid Support Forces (RSF), allegedly attacked civilian protestors on 3 June. As recently noted by the spokesperson for the United Nations High Commissioner for Human Rights, the RSF includes members of the former Janjaweed militias linked to systematic human rights abuses in the Darfur region from 2003 to 2008.”
2019-06-19 · UN Security Council · Security Council, S/PV.8554 (2019) · source
“The law is clear, as is the opportunity to subject those who for so long evaded justice, so that they finally answer to the people of the Sudan and the world for the serious crimes for which they stand accused before the International Criminal Court. This legal obligation to cooperate fully includes an obligation to surrender those Darfur suspects already in custody in the Sudan and to arrest and surrender those still at large - Mr. Ali Kushayb and Mr. Abdallah Banda. It must also include the obligation for the Sudan to provide my Office safe and unfettered access to the Sudan and Darfur in particular. My expectation is that the Sudan, with the support of the Council, will engage in dialogue with my Office to discuss the feasibility of a mission by my Office to the Sudan in the very near future to resolve those issues.”
2019-06-19 · UN Security Council · Security Council, S/PV.8554 (2019) · source
“That pledge must include a commitment to the Charter of the United Nations, pursuant to which the Sudan is bound by the decisions of the Council, including resolution 1593 (2005). The judgment of the Court's Appeals Chamber on 6 May in relation to Mr. Al-Bashir's visit to Jordan in March 2017 unequivocally confirmed the legal obligation of State parties to arrest Heads of State subject to ICC jurisdiction. While Mr. Al-Bashir may no longer attempt to avail himself of immunity as Head of State, the Appeals Chamber confirmed that the Sudan's obligation to cooperate fully with and provide any necessary assistance to the Court and the Prosecutor, as mandated by paragraph 2 of Council resolution 1593 (2005), is legally binding.”
2019-06-19 · UN Security Council · Security Council, S/PV.8554 (2019) · source
“From 2005 to 2007, with the cooperation of the Government of the Sudan, my Office undertook several missions to that country. Since that time, there has been no cooperation whatsoever from the Sudan. Taking into account the complexity of the situation on the ground in the Sudan, I am nonetheless ready to pursue cooperation between my Office and the Sudanese authorities in order to fulfil my mandate. In that endeavour, I must be able to count on the full support of the Council. I invite all stakeholders in the Sudan, including the relevant Sudanese authorities and civil-society organizations, to engage with my Office. In its inaugural address on 11 April, the Transitional Military Council made a commitment to honour all treaties, charters and conventions - local, regional and international.”
2019-06-19 · UN Security Council · Security Council, S/PV.8554 (2019) · source
“The Sudan remains under a legal obligation to transfer those suspects to the ICC to stand trial, unless it can demonstrate to the judges of the Court that it is willing and genuinely able to prosecute them for the same cases. Consistent with the bedrock principle of complementarity enshrined in the Rome Statute, I am ready to engage in dialogue with the authorities in the Sudan to ensure that the Darfur suspects face independent and impartial justice, either in a courtroom in The Hague or in the Sudan. Continued impunity is not an option. The victims of the Darfur situation deserve to finally have their day in court. There is an early history of cooperation between my Office and the Sudan that we can and must resume.”
2019-06-19 · UN Security Council · Security Council, S/PV.8554 (2019) · source
“As for the Sudan itself, it is now at a crossroads, with the opportunity to depart from its previous policy of complete non-cooperation with my Office and embark upon a new chapter by signalling a new commitment to accountability for the victims in the Darfur situation. From our side, we are ready to engage at the appropriate time if there is genuine will to bring perpetrators to account. All five ICC arrest warrants in the Darfur situation remain in force. The circumstances, however, have changed dramatically. The former status quo is over. Mr. Al-Bashir has been deposed, arrested, detained and charged with domestic offences. Two other suspects in the Darfur situation, Mr. Abdel Raheem Hussein and Mr. Ahmad Harun, are also reportedly being detained in Khartoum.”
2019-06-19 · UN Security Council · Security Council, S/PV.8554 (2019) · source
“It is imperative that allegations of violence against civilians, including sexual and gender-based violence, be promptly and effectively investigated by the Sudanese authorities and that those responsible be brought to justice. On my part, within the scope of my mandate and jurisdiction under the Rome Statute, I am committed to continuing to do all that I can to secure accountability in the Sudan. I also call for the full cooperation of all States parties to the Rome Statute. States parties must consistently and meaningfully fulfil their statutory obligation to cooperate with the Court in the investigation and prosecution of the Darfur cases.”
2019-06-19 · UN Security Council · Security Council, S/PV.8554 (2019) · source
“The Council is now being presented with a unique opportunity to decisively and effectively address the impunity that has plagued Darfur. It must seize this moment. As Prosecutor of the International Criminal Court, I am deeply concerned by the reports of recent violence perpetrated against civilians, including alleged sexual and gender-based crimes. Related violence has also spread to other regions of the country, including Darfur. Ijoin the members of the Council in calling for the immediate cessation of violence against civilians, their robust protection, and full accountability for the alleged crimes and related suffering the victims have endured. I also join the Council in regretting the lives lost during the recent violence.”
2019-06-19 · UN Security Council · Security Council, S/PV.8554 (2019) · source
“Ms. Bensouda: Allow me to begin by offering my congratulations to Kuwait for holding the presidency of the Security Council for the month of June and presiding over this briefing on the situation in Darfur, pursuant to resolution 1593 (2005). As we are all aware, following months of anti-Government protests and the removal from power of Mr. Omar Hassan Ahmad Al-Bashir on ll April, the Republic of the Sudan is in an uncertain period of political transition. While I do not underestimate the complexity and fluidity of the events unfolding in the Sudan today, I have a clear message to convey: now is the time to act. Now is the time for the people of the Sudan to choose law over impunity and ensure that the International Criminal Court (ICC) suspects in the Darfur situation finally face justice in a court of law.”
2019-06-19 · UN Security Council · Security Council, S/PV.8554 (2019) · source
“That includes States parties and non-States parties alike, including Libya itself. Together, we can ensure the effective implementation of resolution 1970 (2011) and adequately respond to the hopes and expectations that it generated for the Libyan people. The peace and stability that the Libyan people have desired for so long is closely intertwined with the ICC's ability to effectively execute its mandate in the Libya situation. In a country devastated by war and conflict, with great human suffering, it is past time for the protective embrace of the law to feel real and tangible to Libyans. Acting within our respective mandates, we share a joint burden and great responsibility in that regard for the sake of all Libyans and Libya. We must not fail to deliver on that joint duty.”
2019-05-08 · UN Security Council · Security Council, S/PV.8523 (2019) · source
“Ultimately, my Office's progress in the Libya situation is frustrated and confidence in the ICC is undermined when, year after year, warrants of arrest remain unexecuted. The credibility of the Council will also be tarnished if it fails to take concrete measures to secure the arrest and surrender of suspects. When suspects are arrested and surrendered to the ICC, the allegations against them can be tested in a fair and public hearing. That gives the victims of their alleged crimes the opportunity to participate in the proceedings, be heard and see justice done. Therefore, it is imperative that all of the outstanding warrants of arrest in the Libya situation be executed. The achievement of that goal requires the full cooperation of members of the Council and all concerned States.”
2019-05-08 · UN Security Council · Security Council, S/PV.8523 (2019) · source
“My team has spoken to people who have endured unspeakable suffering and lost loved ones in terrible circumstances. We are aware that, given the prevailing climate of impunity in Libya, there are people who see the ICC as their only hope for holding alleged perpetrators of atrocity crimes to account. We also know that many people, understandably, would like to see more results from the ICC sooner rather than later. The types of investigations undertaken by my Office are complex and often lengthy. However, I assure the Council and the Libyan people that the Libya situation remains a priority for my Office. My team takes most seriously its responsibility to investigate and prosecute ICC crimes in Libya and is working very hard to advance its existing cases and also to bring new ones.”
2019-05-08 · UN Security Council · Security Council, S/PV.8523 (2019) · source
“This strategy is aimed at closing the impunity gap by assisting national systems in providing accountability for crimes that may not fall within ICC jurisdiction. Feedback from our partners shows that that strategy is already proving effective and producing concrete results. Before I conclude, I would like to express my appreciation for the cooperation that my Office receives from many States, including Libya, Tunisia, the Netherlands, Italy and the United Kingdom. We also receive valuable assistance from organizations, such as the United Nations Support Mission in Libya and INTERPOL. The practical support of those States and organizations for the work of the ICC deserves recognition. I would like to acknowledge the courage of many Libyans who have cooperated with my Office since 2011 to the present day.”
2019-05-08 · UN Security Council · Security Council, S/PV.8523 (2019) · source
“The body of evidence collected by my Office indicates that crimes including torture, unlawful imprisonment, rape and enslavement are committed against migrants throughout their journeys and in both official and unofficial detention centres. The evidence implicates individuals, militias and State actors in the migrant smuggling and trafficking business in many parts of Libya, including Misrata, Zawiya, Tripoli and Bani Walid. On the basis of the evidence collected to date, my team continues to assess the feasibility ofbringing cases before the ICC in relation to crimes against migrants. At the same time, my Office is cooperating with a number of States and organizations to support national investigations and prosecutions that relate to human smuggling and trafficking through Libya.”
2019-05-08 · UN Security Council · Security Council, S/PV.8523 (2019) · source
“Internally displaced persons, especially women and children, are among the most vulnerable populations. They suffer not only significant social and economic impacts, but are also exposed to acts of violence. Migrants also represent a highly vulnerable population in Libya. Reports of serious and widespread crimes being committed against migrants have not diminished over the past six-month period. My team continues to gather evidence in relation to those alleged crimes through both investigative and cooperation strategies. In doing so, we pay particular attention to the commission of sexual and gender-based crimes.”
2019-05-08 · UN Security Council · Security Council, S/PV.8523 (2019) · source
“It deters witnesses from coming forward and putting their confidence in the ICC, and places them in unnecessary danger. In the long run, that lack of accountability undermines respect for the rule of law and impedes progress towards stability and security in Libya. The status quo is not sustainable. Impunity for atrocity crimes is hardly conducive to bringing peace and stability to that war-torn country. I take this opportunity to renew my call for State cooperation with the arrest and transfer of ICC suspects, and ask the Council to lend its support by taking a clear and vocal position in support. My Office also continues to follow the situation relating to internally displaced persons in Libya. Tens of thousands of persons reportedly remain internally displaced.”
2019-05-08 · UN Security Council · Security Council, S/PV.8523 (2019) · source
“Today, two warrants for his arrest remain outstanding. The fact that Mr. Al-Werfalli is in Libya is well known. He is not detained and there is no evidence that he has been genuinely prosecuted in Libya by his superiors in the Libyan National Army. Mr. Al-Tuhamy, former head of the Libyan Internal Security Agency, who is accused of crimes relating to the unlawful imprisonment, persecution and torture of perceived political opponents of the Muammar Al-Qadhafi regime, has been wanted since 2013. Notwithstanding the grave crimes alleged against them, all three suspects in the Libya situation remain at large. The failure to arrest those suspects jeopardizes the Office's ongoing investigations. It sends a message to victims that alleged perpetrators can evade justice and continue to commit crimes with impunity.”
2019-05-08 · UN Security Council · Security Council, S/PV.8523 (2019) · source
“Ultimately, the execution of these arrest warrants depends on the cooperation of States. Regrettably, securing State cooperation in the arrest and surrender of suspects remains one of the greatest challenges faced by the ICC. The Court's performance cannot be divorced from this reality. The Court's success largely depends on the effective and concrete cooperation of States. Failure to arrest and surrender persons against whom warrants of arrest have been issued can result in real harm. A stark illustration of that can be found in the case of Mr. Al-Werfalli. Despite the ICC warrant of arrest against him for the war crime of murder in relation to 33 people, Mr. Al-Werfalli remains at liberty and allegedly murdered another 10 victims just five months after the ICC arrest warrant was issued.”
2019-05-08 · UN Security Council · Security Council, S/PV.8523 (2019) · source
“These are important findings in relation to the fight against impunity for international crimes and ones that align with previous findings concerning amnesties and pardons by several regional and international courts and tribunals around the world. Mr. Al-Qadhafi has filed an appeal against the Chamber's decision on the admissibility challenge. Irrespective of the current admissibility proceedings, Libya remains under an obligation to arrest and surrender Mr. Al-Qadhafi to the ICC. Unfortunately, Mr. Al-Qadhafi's case is not the only one related to Libya that remains at an impasse. Arrest warrants are also outstanding in relation to all other suspects in the Libya situation with respect to Mr. Al-Tuhamy Mohamed Khaled and Mr. Mahmoud Mustafa Busayf Al-Werfalli.”
2019-05-08 · UN Security Council · Security Council, S/PV.8523 (2019) · source
“Al-Qadhafi. In addition, the judgment passed against Mr. Al-Qadhafi had not acquired a res judicata effect, which was required in order to satisfy the applicable articles of the Rome Statute. Furthermore, the Chamber found that Mr. Al-Qadhafi had not received amnesty in Libya. The Chamber observed that granting amnesties and pardons for serious acts such as murder constituting crimes against humanity is incompatible with internationally recognized human rights. It stated that amnesties and pardons intervene with States' positive obligations to investigate, prosecute and punish perpetrators of core crimes and deny victims the right to truth, access to justice, and to request reparations where appropriate.”
2019-05-08 · UN Security Council · Security Council, S/PV.8523 (2019) · source
“Al-Qadhafi's case remains admissible before the ICC. Earlier today, a separate, concurring opinion was issued by Judge Perrin de Brichambaut of the same Chamber, in which he concurred with the majority decision on three main points: first, that Mr. Al-Qadhafi has standing to lodge the admissibility challenge; secondly, in rejecting the admissibility challenge; and thirdly, that the case against Mr. Al-Qadhafi is admissible. In reaching its decision, the Chamber found that Mr. Al-Qadhafi had not been tried in Libya within the meaning of the relevant articles of the Rome Statute. According to Libyan national law, since Mr. Al-Qadhafi was convicted by the Tripoli Court of Assize in absentia, once he is arrested his trial should start anew. Thus, no final judgment on the merits had been issued in the domestic proceedings against Mr.”
2019-05-08 · UN Security Council · Security Council, S/PV.8523 (2019) · source
“I urge the Council and all States Members of the United Nations to ensure that a consistent and unambiguous message is conveyed to all warring factions in Libya that the rules of international humanitarian law must be fully respected and that perpetrators of atrocity crimes will be held individually and criminally responsible. I would now like to update the Council in relation to the case oer. SaifAl-Islam Al-Qadhafi. As Council members are aware, in June 2018 Mr. Al-Qadhafi filed a challenge to the admissibility of his case before the ICC. Mr. Al-Qadhafi contended that his case was inadmissible because he had already been tried in Libya for the same conduct alleged in the case before the ICC. Mr. Al-Qadhafi lost that challenge. On 5 April, the majority of Pre-Trial Chamber I judges rejected this admissibility challenge, deciding that Mr.”
2019-05-08 · UN Security Council · Security Council, S/PV.8523 (2019) · source
“In particular, I urged commanders, both military and civilian, to ensure that their subordinates do not commit Rome Statute crimes. The law on this is clear. Where a commander knew or should have known that his or her subordinates were committing or about to commit crimes and failed to take all necessary and reasonable measures within his or her power to prevent or repress such crimes, the commander may be held criminally responsible. I take this opportunity once again to make my message clear to all those involved in the fighting in Libya. My Office stands ready to investigate and, where appropriate, to prosecute any persons party to the ongoing armed conflict should they engage in conduct constituting a crime within the jurisdiction of the International Criminal Court (ICC). The suffering of the Libyan people must stop.”
2019-05-08 · UN Security Council · Security Council, S/PV.8523 (2019) · source
“My Office is of course paying close attention to the ongoing armed conflict in and around Tripoli since early April this year. Reports indicate that the fighting has already cost 432 lives, including at least 23 civilians. More than 50,000 people have reportedly been internally displaced by the hostilities, while others remain trapped in conflict-affected areas. In addition, there are serious concerns for the safety of migrants and refugees who are detained in centres near areas of conflict. On 16 April, I issued a statement calling on all parties to the armed conflict to fully respect the rules of international humanitarian law. I emphasized that all parties to the armed conflict must take all necessary measures to protect civilians and civilian infrastructure, including schools, hospitals and detention centres.”
2019-05-08 · UN Security Council · Security Council, S/PV.8523 (2019) · source
“Ms. Bensouda: I welcome this opportunity to engage with the Security Council once again as I present my seventeenth report on the situation in Libya. Before I do so, allow me to congratulate Indonesia on assuming the presidency of the Council for the month of May and thank it for presiding over this meeting. As I address the Council today, to my great regret, the fighting in Libya continues unabated. Over the past six months, violence escalated and armed clashes occurred in several areas of Libya, including Derna in the east, Murzuq in the south, and Tripoli in the west. As always, my Office continues to closely monitor the ongoing conflict, while gathering information from diverse sources and assessing whether crimes within the jurisdiction of the International Criminal Court may have been committed.”
2019-05-08 · UN Security Council · Security Council, S/PV.8523 (2019) · source
“I will conclude by recalling another statement made by a Security Council member at the time that the Council adopted resolution 1593 (2015), "what the Council said today is that there is no way, in our times, that anyone, anywhere in the world, can get away without just retribution for the commission of serious crimes." (S/PV.5I58, p. 10). Regrettably, justice and accountability for Rome Statute crimes remain, for now, unrealized aims in the Darfur situation. This is undeniably an unacceptable situation, which must not be permitted to continue. Justice delayed is justice denied. The judgment of victims and the critical eyes of history are upon us.”
2018-12-14 · UN Security Council · Security Council, S/PV.8425 (2018) · source
“However, in the absence of any cooperation from the Sudan, I regret that I am unable to report any progress in that regard. The Government of the Sudan can, and must, demonstrate its stated commitment to ending impunity and to its respect for the authority of the Council by opening a new chapter of cooperation with my Office. It should allow my staff to conduct investigations on the ground in Darfur and facilitate access to victims, witnesses and the relevant documentary evidence. I once again invite the Government of the Sudan to work with my Office to pursue justice for the victims of the unimaginable atrocities that have occurred in Darfur.”
2018-12-14 · UN Security Council · Security Council, S/PV.8425 (2018) · source
“The Government of the Sudan can rest assured that the due process rights of any suspects who appear before the Court will be fully respected. Those include the right to counsel of their choice and, more important, the right to a fair, independent and impartial trial. Council members will recall that, at my previous briefing to the Council on the Darfur situation, the representative of Bolivia asked for a report on activities undertaken by the Court to promote the strengthening ofjudicial organs in the Sudan. Consistent with resolution 1593 (2005) and in accordance with the principle of complementarity, my Office is prepared to support national efforts to combat impunity in Darfur to the extent that my mandate and limited financial resources will permit.”
2018-12-14 · UN Security Council · Security Council, S/PV.8425 (2018) · source
“I also note that the Council, in resolution 2429 (2018), urged the Government of the Sudan to consolidate and expand its efforts to end impunity. Yet, despite my offer and the fact that the representatives of the Sudan previously asserted to the Council that combating impunity is a top priority, the Government of the Sudan has not engaged with my Office. I also note that, during the proceedings initiated by Jordan, the Appeals Chamber invited the Sudan and Mr. Al-Bashir to file submissions on the issues raised by the appeal. Yet they chose not to engage with the Court. The Rome Statute requires my Office to investigate incriminating and exonerating circumstances equally. If the Government of the Sudan has such evidence - both incriminating and exonerating - I invite it to come forward and share that evidence with my Office.”
2018-12-14 · UN Security Council · Security Council, S/PV.8425 (2018) · source