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

“Members of the Security Council, as well as other States and non-State parties, have the responsibility to ensure the timely arrest and surrender of all Libyan suspects. Despite those challenges, the announcement of two arrest warrants in the past eight months - one for crimes committed during 2011 and the other for crimes perpetrated more recently - should clearly demonstrate that my Office continues to be fully engaged in Libya and is determined to contribute to achieving real progress towards a culture of accountability for crimes under the Rome Statute committed in Libya. The progress that we have made and our achievements to date are a result of the commitment and expertise of my staff, as well as the strong and collaborative relationships that we have developed with key partners.”
2017-11-08 · UN Security Council · Security Council, S/PV.8091 (2017) · source
“My Office's investigations into alleged crimes under the Rome Statute that have been committed in Libya are hampered by the ongoing insecurity in the country, which continues to prevent my teams from operating within Libya. Insufficient resources also continue to be a major problem. The Office receives various forms of support for its work from members of the Council and States parties. However, our modest financial resources, which must be spread across all situations currently under investigation by my Office, must be increased so as to ensure that we have adequate means to achieve our mandated mission. The failure to execute arrest warrants issued by the Court also remains a major challenge.”
2017-11-08 · UN Security Council · Security Council, S/PV.8091 (2017) · source
“In conformity with goal 9 of my Office's latest strategic plan, we will also work with Libya and other States and organizations on that issue, Where appropriate, and where we think we can be of assistance to address crimes perpetrated against migrants. Where possible, our collaborative efforts enhance coordination of investigative and prosecutorial strategies that are aimed at closing the impunity gap not only for Rome Statute crimes, but also for other transnational and organized criminal activity falling outside of my mandate. Those other crimes significantly contribute to the continuing insecurity and violence in Libya today. I now turn to some of the unfortunately recurring challenges facing my Office.”
2017-11-08 · UN Security Council · Security Council, S/PV.8091 (2017) · source
“I wish now to return to the issue of crimes against migrants, as they represent a serious matter that continues to preoccupy me and my Office. I have instructed my Office to continue its inquiries into the alleged crimes against migrants transiting through Libya. Depending on the precise facts and circumstances that might be established in the course of a full investigation, such crimes may fall Within the jurisdiction of the Court. However, that issue must be decided through a case-by-case analysis based on the relevant facts and an assessment of my Office's jurisdiction. Such work will be strictly within our mandate as set by the Rome Statute.”
2017-11-08 · UN Security Council · Security Council, S/PV.8091 (2017) · source
“Persons acting as military commanders or as superiors can be criminally responsible for crimes under the Rome Statute committed by forces or subordinates under their effective command or control, or effective authority and control. In addition to their responsibility to protect civilians, commanders have an obligation to prevent or repress the commission of crimes by their forces, and to submit any such crimes for investigation and prosecution. Let me be clear: if serious crimes under the Rome Statute continue to be committed in Libya, I will not hesitate to bring new applications for warrants of arrest. Such crimes must stop. Those taking part in hostilities must do so within the framework of the law and with full respect for international humanitarian law.”
2017-11-08 · UN Security Council · Security Council, S/PV.8091 (2017) · source
“Finally, reports have also emerged that 36 male corpses were found in the town of Al-Abyar, 50 kilometres east of Benghazi. This is also of grave concern. The bodies were reportedly handcuffed, showed signs of torture, and displayed bullet wounds to the head. I remind each and every combatant engaged in fighting in Libya that my Office remains seized of the situation in Libya, and if their actions amount to war crimes or crimes against humanity, they can be prosecuted. These recent attacks and the reports of the finding of 36 corpses bearing signs of torture and execution, compel me once again to bring the provisions of the Rome Statute relating to the responsibility of commanders and other superiors to the attention of senior commanders and officials across Libya.”
2017-11-08 · UN Security Council · Security Council, S/PV.8091 (2017) · source
“My Office has also received information that the LNA has allegedly intensified restrictions on access to the city of Derna over recent months, in connection with fighting during the reporting period between the LNA and the Derna Mujahideen Shura Council. Restrictions reportedly include blocking medicine, medical treatment and petrol from entering the city. The Office has received reports indicating that hundreds of Derna's inhabitants have been arrested attempting to leave the city. I join Mr. Salame, the Special Representative of the Secretary-General for Libya and Head of the United Nations Support Mission in Libya, in condemning recent air strikes in a residential neighbourhood in Derna that appear to have resulted in the tragic deaths of civilians, including at least 12 children and women.”
2017-11-08 · UN Security Council · Security Council, S/PV.8091 (2017) · source
“I also note with grave concern reports of unlawful killings, including the execution of detained persons; kidnappings and forced disappearances; torture; prolonged detentions without trial or other legal process; and arbitrary detention, torture, rape, and other ill-treatment of migrants in official and unofficial detention centres. As detailed in my latest report, events of particular concern during the reporting period include the attack on the LNA-held Brak Al-Shati air base on 18 May, and recent clashes in the Sabratah region between the 48th Infantry Brigade - also known as the Martyr Anas al-Dabashi armed group - and the Operations Room to Combat the Islamic State. My Office also notes the continued activity of ISIL, including its claimed suicide attack on the Misrata courthouse on 4 October.”
2017-11-08 · UN Security Council · Security Council, S/PV.8091 (2017) · source
“My Office's assessment since our previous report to the Council (S/PV.7934) indicates that the situation remains dire in Libya. The security situation remains unstable with violent clashes occurring between various factions across Libya. Reports indicate widespread violations of human rights and international humanitarian law being perpetrated by different parties to the conflict. Often, the victims are civilians. One major cause for concern is the continued internal displacement of persons in Libya, such as the Tawerghan. Despite the approval by the Presidency Council of the Government of National Accord in June of this year of an agreement between the Tawerghan and Misratan communities, there has reportedly been no progress towards fulfilling their return home.”
2017-11-08 · UN Security Council · Security Council, S/PV.8091 (2017) · source
“In that context, we have engaged in a spirit of good faith and demonstrated utmost sensitivity while providing specific information to enable cooperation. We count on the support of States we have engaged in that process to assist the Office with the arrest and surrender of ICC suspects. In that regard, I wish to recall the wording of resolution 1970 (2011), and again encourage all States and regional and international organizations to take concrete action to support my Office's efforts so that Mr. Al-Tuhamy and Mr. Al-Qadhafi can be surrendered to the Court and face justice in relation to alleged crimes committed during the 2011 events. In relation to Mr. Abdullah Al-Senussi, my Office continues to monitor the Libyan proceedings in relation to his pending appeal before the Libyan Supreme Court.”
2017-11-08 · UN Security Council · Security Council, S/PV.8091 (2017) · source
“The Office is also engaged in identifying and, where appropriate, sharing information relating to both Mr. Al-Tuhamy and Mr. Saif A1-Islam Al-Qadhafi's current whereabouts. We continue to devise and implement strategies to facilitate the execution of the outstanding warrants of arrest. In relation to Mr. Al-Qadhafi, I appreciate the support expressed by members of the Council, encouraging the Libyan authorities to comply with their outstanding obligation to surrender him to the Court. Those who allegedly bear responsibility for crimes under the Rome Statute must be brought to justice. My Office continues to request States Parties, non-States Parties and organizations to assist in securing the arrest of persons subject to an ICC warrant.”
2017-11-08 · UN Security Council · Security Council, S/PV.8091 (2017) · source
“He must be transferred to the Court to stand trial. I therefore urge General Khalifa Haftar, commander of the LNA, which has publicly expressed gratitude for the work of the Court in relation to Mr. Al-Werfalli's case, to demonstrate, by concrete actions, respect for international justice by ensuring Mr. Al-Werfalli's immediate transfer to the Libyan authorities so that he may be surrendered to the Court without delay. The Council will also recall that on 24 April, the ICC made public a warrant of arrest against Mr. Al-Tuhamy Mohamed Khaled, former head of the Libyan Internal Security Agency. Mr. Al-Tuhamy is alleged to have committed crimes against humanity and war crimes in relation to the events of 2011. My Office continues to investigate Mr. Al-Tuhamy and others associated with the 2011 events.”
2017-11-08 · UN Security Council · Security Council, S/PV.8091 (2017) · source
“My Office follows the evidence and applies the law, independently and impartially, as set by the Rome Statute, irrespective of the affiliation of the perpetrators or the victims. Since the issuance of the warrant, there have been public reports of a possible arrest and an internal investigation by the LNA into Mr. Al-Werfalli's actions. The LNA has officially stated that it is investigating. However, my Office has also received reports indicating that Mr. Al-Werfalli is at large, remains a commander with the Al-Saiqa Brigade, and may have been involved in further killings. I am investigating these reports. Let me stress that irrespective of any reported domestic investigation that may be under way, Libya remains under a legal obligation arising from resolution 1970 (2011) to immediately arrest and surrender Mr. Al-Werfalli to the ICC.”
2017-11-08 · UN Security Council · Security Council, S/PV.8091 (2017) · source
“On 15 August, Pre-Trial Chamber I of the Court granted the application and issued a warrant for his arrest. The suspect, Mr. Al-Werfalli, is a commander in the Al-Saiqa Brigade, a Benghazi- based Special Forces unit that has been active in the LNA's Operation Dignity since May 2014. Based on the evidence collected, we allege that Mr. Al-Werfalli is responsible for the war crime of murder in relation to six unlawful executions that allegedly took place in or around Benghazi between March and July 2017, as well as another execution that allegedly took place on or before June 2016. These executions were filmed and posted to social media sites. Mr. Al-Werfalli is alleged to have ordered or personally committed the seven executions that resulted in the murder of 33 people in cold blood.”
2017-11-08 · UN Security Council · Security Council, S/PV.8091 (2017) · source
“I called on all parties to the conflict to refrain from carrying out serious violations of human rights and international humanitarian law. I reminded all parties to the conflict of the provisions of the Rome Statute relating to the responsibility of commanders and superiors to prevent or repress the commission of crimes by their forces and to submit any such crimes for investigation and prosecution. I also noted that my Office was closely monitoring that situation. In the following months, my Office continued to receive credible information of grave crimes allegedly perpetrated in Libya, including in Benghazi. Based on the evidence of these alleged crimes committed in and around Benghazi, on 1 August, I applied for a warrant of arrest for Major Mahmoud Mustafa Busayf Al-Werfalli.”
2017-11-08 · UN Security Council · Security Council, S/PV.8091 (2017) · source
“Since my last report before the Council six months ago, my Office has made substantial progress in the investigations of alleged crimes committed in Libya. In that regard, let me now turn to the most recent warrant of arrest issued by the Court in the Libya situation. Members will recall that in my May statement and report to the Council, I highlighted reports of serious crimes allegedly being committed in the context of the conflict between forces of the Libyan National Army (LNA) and the Benghazi Revolutionaries Shura Council in and around Benghazi. Specifically, I noted reports of serious crimes, including summary executions allegedly committed following the LNA's takeover of the Ganfouda neighbourhood of Benghazi on or around 18 March.”
2017-11-08 · UN Security Council · Security Council, S/PV.8091 (2017) · source
“Ghassan Salame, and the United Nations High Commissioner for Human Rights, Mr. Zeid Ra'ad Al Hussein, the re-establishment of the rule of law, the protection of human rights and the need to combat impunity must form part of the process that will lead to a sustainable political settlement in Libya. Justice is an important component of sustainable peace. Courts with competent jurisdiction over crimes committed in Libya, including the International Criminal Court, have a crucial role to play. Accountability for serious crimes and full respect for the rule of law are key factors that must be encouraged and supported if Libya is to achieve peace, security and stability. We are striving to do our part.”
2017-11-08 · UN Security Council · Security Council, S/PV.8091 (2017) · source
“Libya continues to confront many challenges: the proliferation of armed groups; the continued, albeit lessened, activity of the Islamic State in Iraq and the Levant (ISIL); the humanitarian crisis created by Libya being the key transit point for hundreds of thousands of migrants; and the ongoing struggle for political power in many parts of the country. At the same time, and notwithstanding those challenges, it is important to recognize the efforts of numerous actors - first and foremost, the Libyans themselves, as well as Libya's neighbours, international partners and regional organizations, who are all working to achieve peace and stability in Libya through an inclusive dialogue. As underlined recently by the Special Representative of the Secretary-General, Mr.”
2017-11-08 · UN Security Council · Security Council, S/PV.8091 (2017) · source
“Ms. Bensouda: Allow me at the outset to congratulate you, Mr. President, on presiding over the Council for the month of November, and to take this opportunity to also thank you, Sir, for your continued support of the work of my Office and the International Criminal Court (ICC) more broadly, both as Permanent Representative of Italy to the United Nations here in New York, as well as Vice-President of the Assembly of States Parties. I welcome this opportunity to update the Council on my Office's activities in Libya since I last reported in May (see S/PV.7934). I observe with regret that the security situation in Libya remains a matter of great concern. Indeed, as the Council has stated repeatedly, the volatile situation in Libya remains a threat to international peace and security.”
2017-11-08 · UN Security Council · Security Council, S/PV.8091 (2017) · source
“I ask the Council to fully assume its responsibilities arising from resolution 1593 (2005) and to support our efforts in the interests of justice, stability and sustainable peace in Darfur. Should the Council invest in accountability by adequately supporting my Office's work in Darfur, it will surely reap its peace dividends. Let us not forget that the olive branch of peace is barren without the trunk of blind justice.”
2017-06-08 · UN Security Council · Security Council, S/PV.7963 (2017) · source
“Such cooperation is specifically required by resolution 1593 (2005), which referred the Darfur situation to my Office. Doing so would demonstrate in clear terms the Sudan's commitment to justice for the victims of Rome Statute crimes in Darfur - the country's own citizens - and a recognition of their suffering. I also respectfully ask for the renewed engagement of the Council with my Office, in particular in relation to the arrest and surrender of the Darfur suspects. It is imperative that we work together to restore faith and renew hope that justice for the victims in Darfur will finally be realized. Accountability is a prerequisite for sustainable peace in Darfur. My Office continues to seek that accountability.”
2017-06-08 · UN Security Council · Security Council, S/PV.7963 (2017) · source
“Before concluding my update on cooperation, I note that, while my Office faces challenges in securing cooperation from a number of States, it continues to benefit from the helpful cooperation of a number of other States in relation to the Darfur situation. For that, I express my sincere gratitude and look forward to continued collaboration. In conclusion, in resolution 2340 (2017) the Council specifically calls on the Government of the Sudan to undertake "effective efforts to ensure accountability for violations and abuses ofhuman rights and violations of international humanitarian law, by whomsoever perpetrated" (ibid, twenty-second preambular paragraph). Such efforts at accountability must surely include the full cooperation and assistance from the Sudan to the Court.”
2017-06-08 · UN Security Council · Security Council, S/PV.7963 (2017) · source
“As part of those proposals, I also recall that New Zealand pointed to the clear need for the Council to find a way through the current impasse in its relations with the Government of the Sudan. My Office wholeheartedly supports that suggestion. In that respect, it is worth noting that in response to my twenty-fourth statement to the Council in December of last year, the representative of the Government of the Sudan referred to the "important and noble goal of combating impunity" (S/PV7833, p. 18). If the Government of the Sudan is genuine in its commitment to combating impunity, then the Council should invite it to demonstrate that commitment by beginning a new phase of cooperation with the Council and the Court.”
2017-06-08 · UN Security Council · Security Council, S/PV.7963 (2017) · source
“At a minimum, the Council should demonstrate its support for the work of my Office by taking concrete action in response to decisions of non-compliance or non-cooperation referred to it by the Court. To date, there have been 13 such decisions, and yet not one has been acted upon by the Council. By failing to act in response to such Court decisions, the Council is in essence relinquishing and undermining its clear role on such matters arising from the Rome Statute, as negotiated and adopted, and pursuant to resolution 1593 (2005). I again urge the Council to give serious consideration to the proposals previously advanced by New Zealand and other States for practical and meaningful ways to respond to such referrals by the Court concerning non-compliance and non-cooperation.”
2017-06-08 · UN Security Council · Security Council, S/PV.7963 (2017) · source
“Al-Bashir ultimately did not attend the Riyadh summit in Saudi Arabia scheduled for 20 and 21 May, as previously planned. Inviting, facilitating or supporting the international travel of any person subject to an ICC arrest warrant is inconsistent with a commitment to international criminal justice. It is also an affront to the victims in Darfur. The States that make up the Council have the power, independently and collectively, to influence and incentivize States -whether or not parties to the Rome Statute - to assist in the efforts to arrest and surrender the Darfur suspects. That applies equally to regional organizations. I respectfully ask the members of the Council to exert that influence in support of the independent and impartial justice my Office is trying to achieve with regard to Darfur.”
2017-06-08 · UN Security Council · Security Council, S/PV.7963 (2017) · source
“In terms of travel to States parties, most recently Mr. Al-Bashir travelled to Jordan on 29 March 2017. Despite being reminded by the Registry of its obligations to arrest and surrender Mr. Al-Bashir, regrettably Jordan declined to do so. As a consequence, the Pre-Trial Chamber II invited Jordan to provide submissions on that issue for the purpose of a determination by the Chamber on whether to make a formal finding of non-compliance and refer the matter to the Assembly of States Parties and/or the Security Council. At Jordan's request, on 2 June, the Chamber decided to extend the deadline for those submissions to the end of the month. Regrettably, Mr. Al-Bashir's travel to non-States parties also continues. On another occasion, under diplomatic pressure, Mr.”
2017-06-08 · UN Security Council · Security Council, S/PV.7963 (2017) · source
“Before the July judicial recess, the Pre-Trial Chamber ofthe Court will decide whether South Africa acted in non-compliance with the Rome Statute when it failed to arrest and surrender Mr. Al-Bashir in June 2015 and, if so, whether to refer South Africa to the Assembly of States Parties to the Rome Statute of the ICC and/or the Security Council. In making its decision, the Chamber will have the benefit of submissions by South Africa, Belgium, the Southern Africa Litigation Centre, as amicus curiae, and my Office. Taken together, those submissions will allow the Chamber to formulate a reasoned decision that, I hope, will provide the basis for improved coordination among my Office, the Court, States parties and the Council in future efforts to arrest and surrender the Darfur suspects. Those collective efforts are needed now more than ever.”
2017-06-08 · UN Security Council · Security Council, S/PV.7963 (2017) · source
“In 2005, through resolution 1593 (2005), the Council triggered its de facto and de jure relations with my Office regarding the Darfur situation. Those relations and obligations did not stop upon the adoption of that resolution; on the contrary, they only commenced at that juncture with the expectation of adequate follow- up action and support as necessary. I once again ask this body to provide tangible support for the work of my Office concerning the Darfur situation. In particular, I renew my long-standing request for the support of the Council in relation to efforts to execute the arrest warrants issued by the Court against the suspects in the matter. I am equally compelled to repeat my request for the Council's assistance in facilitating financial assistance by the United Nations for my Office's work in the Darfur situation.”
2017-06-08 · UN Security Council · Security Council, S/PV.7963 (2017) · source
“Nevertheless, I cautiously welcome reports of some improvement in the Darfur situation. As members of the Council have noted on numerous occasions, including in response to my biannual reports, lasting peace in Darfur can be achieved only if the root causes of the conflict are addressed. Those causes are multiple and complex, but they include the pervading toxic culture of impunity in Darfur for Rome Statute crimes. Tackling impunity and pursuing justice for atrocity crimes in Darfur is the task that the Council mandated to my Office. It is a mandate that I will continue to pursue independently, vigorously and impartially, without fear or favour. But I need the renewed support of the Council and of all States, in particular those that are party to the Rome Statute.”
2017-06-08 · UN Security Council · Security Council, S/PV.7963 (2017) · source
“In that regard, I note that in resolution 2340 (2017), adopted in February 2017, the Council deplored "the violations of international humanitarian law and human rights violations and abuses committed by Government of Sudan security forces, their proxies, and armed groups, including those opposing the Government of Sudan, against civilians, including IDPs, particularly in the Jebel Marra area" (resolution 2340 (2017), sixteenth preambular paragraph). I welcome the Council's call, as articulated in that resolution, for all armed actors to refrain from all acts of violence against civilians. My latest report also highlights a worrying increase during the reporting period of arrests and prolonged detentions of human rights activists and political opponents of the Government of the Sudan. Challenges remain in Darfur.”
2017-06-08 · UN Security Council · Security Council, S/PV.7963 (2017) · source
“UNAMID access to areas in Jebel Marra that were previously off-limits was reported to have improved, although, as my report makes clear, any increased access will count for little if not maintained. Of course, as my report also notes, serious problems persist in Darfur. In May, after the briefing I just mentioned, there were reports that the Sudanese army, supported by the rapid support forces, clashed with armed opposition movements in North and East Darfur. In addition, internally displaced persons continue to be subjected to multiple crimes, including in particular alleged attacks against their camps and sexual and gender-based Violence.”
2017-06-08 · UN Security Council · Security Council, S/PV.7963 (2017) · source
“Notwithstanding the challenges my Office continues to face, there are reports of some improvement in the conditions on the ground in Darfur. It is my hope that any genuine improvement may present those committed to peace and justice in the region with an opportunity to make progress. As the Council is aware, the work of the African Union High-level Implementation Panel, the African Union-United Nations Hybrid Operation in Darfur (UNAMID) and other major stakeholders has led to reports of some recent improvement in the Darfur situation. For example, at the briefing to the Council on UNAMID in April (see S/PV.7912) it was noted that fighting between the forces of the Government of the Sudan and armed opposition movements had diminished and that the cooperation of the Government of the Sudan had improved.”
2017-06-08 · UN Security Council · Security Council, S/PV.7963 (2017) · source
“Despite budget constraints, I took the decision to add additional investigators and analysts to the Darfur team. That increase in the size of the team is yielding results. Existing cases are being strengthened through the collection of additional evidence. Extensive analytical work is also advancing those cases. My Office is also intensifying its investigations into new crimes allegedly committed in Darfur. I take this opportunity to publicly thank my team for their continued efforts in the Darfur situation and for their determination, resilience and professionalism in the face of extremely challenging circumstances, not least the continued policy of complete non-cooperation by the Government of the Sudan and the consequent inability to conduct in situ investigations.”
2017-06-08 · UN Security Council · Security Council, S/PV.7963 (2017) · source
“Let us not forget: those men stand accused of multiple charges for some of the world's most serious crimes as foreseen under the Rome Statute. Today, in this important public forum, I say to those Victims and their families who continue to long for justice in Darfur, do not despair and do not abandon hope. Despite the many challenges, hope must not be lost, as my Office remains steadfast in its commitment to the task. When choosing between perpetrators and justice, time is in favour of the latter. The United Nations ad hoc tribunals for Rwanda and the former Yugoslavia offer examples that remind us that persistence and determination can result in the arrest and surrender of suspects many years after the issuance of arrest warrants. I reiterate that my Office remains as determined as ever to pursue justice in Darfur.”
2017-06-08 · UN Security Council · Security Council, S/PV.7963 (2017) · source
“They often did so at great personal risk and cost. The evidence obtained from those courageous witnesses provided, in large part, the basis for multiple warrants of arrest, including for Mr. Omar Al-Bashir, Mr. Ahmad Harun, Mr. Abdel Raheem Hussein, Mr. Ali Kushayb and Mr. Abdallah Banda. With the issuance of those warrants - and, in the case of Mr. Banda, the confirmation of the charges against him - hope for justice was high. Regrettably, however, for many that hope has increasingly been replaced by disappointment, frustration and even anger at the slow progress in the Darfur situation. Not one of the suspects for whom warrants were issued has been arrested and transferred to the International Criminal Court.”
2017-06-08 · UN Security Council · Security Council, S/PV.7963 (2017) · source
“Ms. Bensouda: At the invitation of the Security Council, I have come from The Hague to provide my twenty-fifth report on the situation in Darfur, pursuant to resolution 1593 (2005). When the Council referred the situation in Darfur to my Office, it represented a high-water mark in the international community's collective efforts to realize justice and accountability for the grave crimes under the Rome Statute committed in Darfur. Undoubtedly, that referral not only provided hope but also raised expectations for the thousands of victims in the Darfur situation that justice would be done. Some of those victims put their faith in the Council and in the International Criminal Court (ICC), and bravely came forward to tell my Office their accounts of the horrific events that they had witnessed and suffered.”
2017-06-08 · UN Security Council · Security Council, S/PV.7963 (2017) · source
“The Libyan people have endured too much and have suffered for too long. They deserve that deeper sense of safety and security that society provides when it is fully immersed in the protective embrace of the law. And while I am under no illusions that the International Criminal Court is a panacea - for it surely is not - I, along with my team, am committed to playing our part. I thank the Council and all those who are following this meeting from inside and outside this Chamber for their attention.”
2017-05-08 · UN Security Council · Security Council, S/PV.7934 (2017) · source
“Justice and accountability are indispensable in that equation, without which we run the risk of the cycle of violence continuing, further entrenching divisions within Libyan society and ultimately making national reconciliation more difficult to achieve. I am heartened by reports of some recent positive developments in the political dialogue. In conclusion, I would like to say to those victims and victim-groups advocating for a more prominent role for the International Criminal Court in Libya that I am listening. To those who have expressed their fears and disappointments to my Office - as well as their hopes and aspirations for the future of a Libya grounded on the pillars of justice where gross human rights violations are distant memories - I say that their calls for action are not falling on deaf ears.”
2017-05-08 · UN Security Council · Security Council, S/PV.7934 (2017) · source
“In that regard, I welcome the initiative taken by the Chair of the Committee established pursuant to resolution 1970 (2011), concerning Libya, to issue a note verbale in November 2016, bringing to the attention of all States the need to ensure adequate funding to support ICC investigations. Without adequate resources, the Court's crucial work is hampered and its ability to affect the current climate of impunity in Libya is diminished. I once again respectfully urge the Council to promote the work of the International Criminal Court in Libya by supporting the United Nations efforts aimed at providing it with financial assistance. The Libyan people continue to strive for solutions that can pave the way for sustainable peace, security and prosperity in Libya.”
2017-05-08 · UN Security Council · Security Council, S/PV.7934 (2017) · source
“I would also like to express my deep appreciation for the vital support that my Office receives from several other States and organizations, including the Netherlands, the United Kingdom, Tunisia, Italy, the European Union and the European Union Naval Force. There are a few States that have not responded promptly to requests for cooperation, and I respectfully urge them to do so. With the Council's indulgence, I would like to stress one final point, which is the important issue of the challenges that my Office continues to face where resources are concerned.”
2017-05-08 · UN Security Council · Security Council, S/PV.7934 (2017) · source
“I am also grateful to the individuals and groups within the Libyan community working tirelessly to promote and support the work of the International Criminal Court, in the interests of the victims and in the hope of building the future of Libya on the pillars ofjustice and accountability. I also note the extension of the mandate of the United Nations Support Mission in Libya (UNSMIL) and look forward to our continuing fruitful collaboration. I would like to take this opportunity to publicly acknowledge and commend the tireless efforts of Mr. Martin Kobler, Special Representative of the Secretary-General, and his team at UNSMIL, and to thank them for their continued support.”
2017-05-08 · UN Security Council · Security Council, S/PV.7934 (2017) · source
“I would like to draw the attention of all the parties to the conflict to the provisions of the Rome Statute relating to the responsibility of commanders and other superiors to prevent or repress the commission of crimes by their forces and to submit any such crimes for investigation and prosecution. My Office remains seized of the Libyan situation and continues to monitor events as they unfold in Benghazi and across the country. I would be remiss if I did not acknowledge the excellent cooperation that my Office receives from a network of States, organizations and entities. First and foremost, I must again express my utmost gratitude to the Libyan Prosecutor-General's office, which continued to provide invaluable assistance during the reporting period.”
2017-05-08 · UN Security Council · Security Council, S/PV.7934 (2017) · source
“I take this opportunity before the Council to declare that my Office is carefully examining the feasibility of opening an investigation into migrant- related crimes in Libya should the Court's jurisdictional requirements be met. We must act to curb these worrying trends. Additionally, my Office has been closely following events in Ganfouda, in Benghazi, where civilians have reportedly been heavily impacted by protracted fighting between the Libyan National Army and the Benghazi Revolutionaries Shura Council. Reports indicate that on or around 18 March, forces of the Libyan National Army took over Ganfouda. Following this takeover, disturbing video footage emerged that appears to show Libyan National Army forces committing serious crimes, including summary executions of detainees.”
2017-05-08 · UN Security Council · Security Council, S/PV.7934 (2017) · source
“I am deeply alarmed by reports that thousands of vulnerable migrants, including women and children, are being held in detention centres across Libya in often inhumane conditions. Crimes, including killings, rapes and torture, are alleged to be commonplace. I am similarly dismayed by credible accounts that Libya has become a marketplace for the trafficking of human beings. The Council has itself expressed concern that the situation in Libya is exacerbated by the smuggling of migrants and human trafficking into, through and from Libya. These activities could further provide fertile ground for organized crime and terrorist networks in Libya. The situation is both dire and unacceptable, demanding a concerted response on the part of the relevant actors to address these serious trends of criminality.”
2017-05-08 · UN Security Council · Security Council, S/PV.7934 (2017) · source
“My Office continues to receive and examine information from a variety of sources, including non-goverrunental organizations and private individuals, with respect to crimes alleged to have occurred throughout Libya since 2011. I welcome the submission of reliable information by concerned groups or individuals regarding crimes that may fall within the Court's jurisdiction. In particular, my Office continues to collect and analyse information relating to serious and widespread crimes allegedly committed against migrants attempting to transit through Libya. My Office is collaborating and sharing information with a network of national and international agencies on this issue.”
2017-05-08 · UN Security Council · Security Council, S/PV.7934 (2017) · source
“My Office has thoroughly reviewed the report and is considering it, along with the full Libyan trial judgment, within the framework of articles 19 (10) and 17 (2)(c) of the Rome Statute to determine whether new facts have arisen that negate the basis on which the Pre-Trial Chamber found Mr. Al-Senussi's case inadmissible before the Court. It is undoubtedly disconcerting to the Council that the ongoing political instability and volatile security situation in Libya have reportedly led to the widespread commission of serious crimes. Reports of the continued killings of civilians, abductions, detentions, torture and sexual violence in Libya should be of great concern to all of us.”
2017-05-08 · UN Security Council · Security Council, S/PV.7934 (2017) · source
“On 21 February, the United Nations Support Mission in Libya (UNSMIL), in cooperation with the Office of the United Nations High Commissioner for Human Rights, issued its full report on the conduct of this trial. The report acknowledges the challenges inherent in prosecuting a complex case against former officials in the context of an ongoing armed conflict and political polarization. However, it concludes that the trial fell short of international fair trial standards. It is important to recall that the Appeals Chamber of the International Criminal Court has held that due process violations in a domestic trial must be so egregious that the proceedings can no longer be regarded as being capable of providing any genuine form of justice to the accused in order for the case to be deemed admissible before it.”
2017-05-08 · UN Security Council · Security Council, S/PV.7934 (2017) · source
“Al-Qadhafi into its custody so that Libya can surrender him to the Court in accordance with its international legal obligations, the judicial rulings of the Court, and the repeated calls of members of the Security Council. With respect to the case of Abdullah Al-Senussi, as the Council will recall, in July 2015 the Tripoli Court of Assize issued its judgment in the trial of Mr. Al-Senussi, Mr. Al-Qadhafi and 35 other former members allied with Mr. Muammar Al-Qadhafi in relation to crimes allegedly committed during the events of 2011. Mr. Al-Qadhafi was tried in absentia. Both Mr. Al-Qadhafi and Mr. Al-Senussi were convicted. The case of Mr. Al-Senussi is currently on appeal before the Libyan Supreme Court.”
2017-05-08 · UN Security Council · Security Council, S/PV.7934 (2017) · source
“We all have our respective roles to play and we must deliver on our joint commitment to ending impunity for Rome Statute crimes in Libya. In my last statement here (see S/PV.7806), I briefed the Council on my Office's application to the Court's Pre-Trial Chamber for an order directing the Registry to transmit the request for the arrest and surrender of Mr. Saif Al-Islam Al-Qadhafi to Mr. Al-'Ajami Al- 'Atiri, Commander of the Zintan militia, which had custody of the suspect at that time. My Office has since received reliable information that Mr. Al-Qadhafi is no longer under the control of Mr. Al-'Atiri but rather under the control of the Zintan Revolutionaries' Military Council. I renew my call on the Government of National Accord to take the necessary steps to transfer Mr.”
2017-05-08 · UN Security Council · Security Council, S/PV.7934 (2017) · source
“State cooperation with the International Criminal Court and the Council is crucial to ensuring that justice for these victims can be realized. I therefore urge Libya, first and foremost, as well as all States - by they States parties or non-State parties - to take immediate action to verify Mr. Al-Tuhamy's whereabouts and to take all possible steps to facilitate his arrest and surrender to the Court. I equally hope to count on the tangible assistance and cooperation of this body for the expeditious execution of the warrant of arrest and for the timely arrest and surrender of Mr. Al-Tuhamy to the Court. What message does it send to the victims and the perpetrators - indeed, what is the deterrent impact - if ICC warrants of arrest are issued but not enforced and the capture of suspects remains elusive?”
2017-05-08 · UN Security Council · Security Council, S/PV.7934 (2017) · source