YouSaid · the spoken record

Bensouda

lines on the record

546

first

2012-11-07

most recent

2021-06-09

sittings or episodes

32

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un-security-council

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1. “These persons were allegedly subjected to various forms of mistreatment, including severe beatings, electrocution, acts of sexual violence and rape, solitary confinement, deprivation of food and water, inhumane conditions of detention, mock executions, and threats of killing and rape in various locations throughout Libya. At this juncture, the unsealing of the warrant of arrest against Mr. Al-Tuhamy would enhance the chances of its execution and would equally send an important message to would-be perpetrators that the Court remains seized of the situation in Libya and continues to be active in carrying out its judicial work. Furthermore, my Office has recently become aware of reports that Mr. Al-Tuhamy is currently residing in Libya. The victims of Mr. Al-Tuhamy's alleged crimes deserve justice and yearn to see justice done.”

   2017-05-08 · UN Security Council · Security Council, S/PV.7934 (2017) · source

2. “My Office has alleged that the suspect is responsible for the crimes against humanity of imprisonment, persecution, torture and other inhumane acts, and the war crimes of torture, cruel treatment and outrages upon personal dignity. These crimes were allegedly committed by Mr. Al-Tuhamy as part of Mr. Muammar Al-Qadhafi's response to the events of 2011. In issuing the warrant, the Pre-Trial Chamber of the Court found reasonable grounds to believe that the Internal Security Agency led by Mr. Al-Tuhamy, along with other Libyan military, intelligence and security agencies, arrested and detained persons perceived to be opponents of Mr. Al-Qadhafi and his rule.”

   2017-05-08 · UN Security Council · Security Council, S/PV.7934 (2017) · source

3. “Undeterred and driven by a firm commitment to fulfil our mandate vis-a-vis Libya, my Office continues to employ innovative methods to collect evidence from outside of the country through secure channels. Such efforts are made possible largely by the cooperation of States and the ongoing assistance of the Libyan Prosecutor-General's Office. My Office will continue to explore options for its investigators to resume activities in Libyan territory in a safe and secure environment. As the Council is aware, an existing warrant of arrest, issued under seal by the Court against Mr. Al-Tuhamy Mohamed Khaled, has recently been made public. Mr. Al-Tuhamy is the former head of the Libyan Internal Security Agency, under Muammar Al-Qadhafi.”

   2017-05-08 · UN Security Council · Security Council, S/PV.7934 (2017) · source

4. “It is in that context that the International Criminal Court (ICC) now, more than ever, has an important role to play in Libya. I am convinced that timely and concrete action can make a tangible difference to Libyan lives. With that in mind, and cognizant of my responsibility to pursue the important mandate conferred upon my Office by the Council, I remain committed to prioritizing the Libya situation in 2017. Since I last reported to the Council, steady progress has been made in my Office's investigations. That progress has been achieved notwithstanding the prevailing security situation in Libya, which continues to prevent my investigators from carrying out their work on the ground.”

   2017-05-08 · UN Security Council · Security Council, S/PV.7934 (2017) · source

5. “Ms. Bensouda: I welcome this opportunity to engage with the Security Council on the occasion of my Office's thirteenth report on the situation in Libya, pursuant to resolution 1970 (2011). At the outset, allow me to observe with profound regret that the overall security situation in Libya has deteriorated significantly since my last briefing to the Council last November (see S/PV.7806). Reports indicate that the country is at risk of returning to widespread conflict. Such an outcome would not bode well for the rule of law in Libya and would surely aggravate a climate of impunity, which could in turn lead to widespread human rights abuses and violations of international humanitarian law. As is often the case, it is ordinary civilians - innocent men, women and children - who bear the brunt of the suffering caused by a state ofinsecurity.”

   2017-05-08 · UN Security Council · Security Council, S/PV.7934 (2017) · source

6. “For the sake of the victims in Darfur, the members of the Council must break the current impasse. Under the critical watch of history, we must not allow "never again" to ring hollow and taunt the memory of the victims in Darfur. To be sure, the world yearns to see the Council employ its authority with confidence and conviction in full support of international criminal justice. This body's effective follow-through in the Darfur situation is the litmus test of the Council's ability to fulfil that promise.”

   2016-12-13 · UN Security Council · Security Council, S/PV.7833 (2016) · source

7. “The lack of progress must weigh heavily on our collective conscience and must not be allowed to continue. I end on this point, and I ask the members of the Council to consider it carefully: it was a watershed moment for international criminal justice when the Council voted in favour of referring the situation in Darfur to the International Criminal Court. The referral signalled to the world and to the victims the Council's determination to fight against impunity and foster justice and accountability in Darfur. That determination must guide the Council today as it did then. I ask the Council to give new life to resolution 1593 (2005) by giving my Office the support that it needs in order to advance its investigations and prosecutions in the Darfur situation.”

   2016-12-13 · UN Security Council · Security Council, S/PV.7833 (2016) · source

8. “Further efforts are being made to identify potential witnesses. Overall, despite many challenges, my team continues to make progress. The support of the Council in obtaining additional funding from the General Assembly would significantly increase the investigative capacity of my team. On every occasion that I report to the Council on the situation in Darfur, I am forced to voice my concerns about the very same challenges, the sum total of which amounts to justice still eluding the victims in Darfur. I wish I could be here today to inform the Council and the Victims that the judicial process has significantly advanced. But I cannot. As long as the Council does not take direct action to induce the Sudan and other States to execute the arrest warrants, I will likely be here next June delivering the same message.”

   2016-12-13 · UN Security Council · Security Council, S/PV.7833 (2016) · source

9. “Consistent with its policy of total non-cooperation with the Court, the Sudan also denies access to my Office to prevent it from investigating alleged crimes. I also feel compelled to say a few words about resources. With the Office's multiple situations and cases, it will be increasingly difficult for the Office to allocate needed resources to the Darfur investigation in the coming year given the recently approved 2017 budget of the Court. Nevertheless, despite limited resources, the total lack of cooperation by the Sudan and the inability to investigate in Darfur, my Office continues to conduct inquiries and investigations. The team assigned to the Darfur situation has interviewed additional witnesses since my previous report and obtained further evidence regarding not only previous crimes, but also allegations of current crimes.”

   2016-12-13 · UN Security Council · Security Council, S/PV.7833 (2016) · source

10. “I note that the Government of the Sudan has denied the claims, and to date both the Organization for the Prohibition of Chemical Weapons and UNAMID have not come across evidence that supports those claims. However, it must also be noted that the Government of the Sudan severely restricts access of UNAMID and other organizations to the Jebel Marra region. Denying access to the UnitedNations, the African Union and other international humanitarian actors prevents aid from getting to the Victims and internally displaced persons, and potentially enables the parties to the conflict to cover up crimes against civilians committed in the conflict zones. It is imperative for the Government of the Sudan to facilitate access to Jebel Marra.”

    2016-12-13 · UN Security Council · Security Council, S/PV.7833 (2016) · source

11. “Moreover, as the Council is aware, the African Union-United Nations Hybrid Operation in Darfur (UNAMID) reported on 1 July that women and girls continue to suffer from sexual and gender- based violence, including conflict-related violence. Particularly worrying is the recent, and as yet unconfirmed, allegations by Amnesty International that the Government of the Sudan may have deployed chemical weapons against civilians during several attacks on Jebel Marra over the course of 2016. It is alleged that 200 to 250 people, including many children, may have died from exposure to chemical weapons. My Office is taking the steps that it can to verify whether the allegations are true.”

    2016-12-13 · UN Security Council · Security Council, S/PV.7833 (2016) · source

12. “In the face of the failure to arrest the Darfur suspects, it is no surprise that allegations of the commission of new crimes under the Rome Statute continue to be reported in Darfur. According to the information that my Office has obtained, hundreds of civilians have been reportedly killed since April 2016. The area of Jebel Marra continues to be one of conflict and instability, and that has a dire impact upon civilians. Since June, there have been new clashes between the Government of the Sudan and the Sudan Liberation Army/Abdul Wahid faction in Jebel Marra, resulting in aerial bombardments by the Government. Approximately 80 civilians were allegedly killed as a result of these bombardments, mainly in Jebel Marra.”

    2016-12-13 · UN Security Council · Security Council, S/PV.7833 (2016) · source

13. “Kushayb have remained outstanding for almost 10 years, against Mr. Hussein for almost five years, and against Mr. Banda for a little more than two years. I take this opportunity to call on all States to fully cooperate with the Court in the arrest and surrender of suspects against whom ICC arrest warrants have been issued. Allowing suspects to travel across international borders with impunity not only severely undermines the Council's credibility and that of the Court but equally erodes public confidence in our common responsibility to end impunity for the world's most serious crimes, as well as our ability to ensure that victims attain the justice they so rightly deserve.”

    2016-12-13 · UN Security Council · Security Council, S/PV.7833 (2016) · source

14. “At a minimum, the Council should consider referencing those decisions in a separate draft resolution, as has been done in the Libya situation when this organ adopted resolution 2213 (2015). It is not enough for Council members to continue calling for support for the Court. Such calls have to be matched with concrete action. In that regard, serious consideration should be given to New Zealand's recommendation on 9 June. New Zealand stated that, when a finding of non-compliance is received, the Council should consider using the tools at its disposal, such as a draft resolution, statement, letter or meeting with the country concerned. And let us not forget that the failure to execute warrants of arrest is not limited to the case of Mr. Al-Bashir. To date, the ICC arrest warrants against Mr. Harun and Mr.”

    2016-12-13 · UN Security Council · Security Council, S/PV.7833 (2016) · source

15. “Specifically, it stated, "[i]n the absence of follow-up actions on the part of the Security Council, any referral to the Court under Chapter VII of the Charter of the United Nations would become futile and incapable of achieving its ultimate goal of putting an end to impunity". I can only underscore the necessity of the Council taking swift and concrete action to ensure compliance with all arrest warrants against the fugitives in the Darfur situation. That includes action against the Sudan for its continued and open defiance of the Court's orders and resolution 1593 (2005). The Pre-Trial Chamber has now issued 13 decisions finding non-compliance and/ or requesting for appropriate action to be taken against the Sudan and States parties for failing to arrest Mr Al-Bashir and other fugitives.”

    2016-12-13 · UN Security Council · Security Council, S/PV.7833 (2016) · source

16. “The Chamber has not only invited South Africa and my Office to make written and oral submissions, but has also invited the United Nations to attend the hearing and be heard. That opportunity will allow the United Nations to set forth its position on non-compliance with Security Council referrals to the Court and the role to be played by the Security Council in non-compliance proceedings. The Chamber further invited all interested parties to provide any relevant submissions should they wish to do so. More recently, the Court found States parties Uganda and Djibouti in non-compliance for failing to arrest Mr. Al-Bashir during Visits to those countries in July of this year, and referred the matter to the Council. In those decisions, the Court emphasized the critical role of the Council when non-compliance findings are referred to it.”

    2016-12-13 · UN Security Council · Security Council, S/PV.7833 (2016) · source

17. “The legal position regarding the obligation of States parties to arrest and surrender Mr. Al-Bashir should he travel to their territory could not be clearer. As Pre-Trial Chamber 11 stated in its non-compliance decision of9 April 2014, "[n]owhere in any decision issued by the Court is there the slightest ambiguity about the Chambers' legal position regarding Omar Al-Bashir's arrest and surrender to the Court, despite the arguments invoked relating to his immunity under international law". As the Council will recall, South Africa failed to arrest Mr. Al-Bashir during his visit in June 2015. On 8 December 2016, the Chamber issued a decision to convene a public hearing, to be held on 7 April 2017, in relation to a possible finding of non-compliance for South Africa's failure to arrest and surrender Mr. Al-Bashir to the Court.”

    2016-12-13 · UN Security Council · Security Council, S/PV.7833 (2016) · source

18. “Al-Bashir has crossed international borders on 131 occasions since March 2009, and on 14 occasions to State parties and on 117 occasions to non-State parties. His movements are traceable. The world knows where he is, where he travels to - often in advance, from the media. There is ample opportunity for Mr. Al-Bashir to be apprehended - if the political will exists among States, and indeed the Council. As I stated to the Council in June, the lack of action by this organ has emboldened States to continue to host Mr. Al-Bashir. It also emboldens the Darfur fugitives to travel, as demonstrated by a recent visit by Mr. Al-Bashir, together with Mr. Hussein, to a non-State party. This open display of impunity undermines resolution 1593 (2005) and the credibility of the Council.”

    2016-12-13 · UN Security Council · Security Council, S/PV.7833 (2016) · source

19. “We must ask ourselves some tough but honest questions. What are we to say to Victims who continue to suffer in Darfur, to the individuals who have uprooted their lives to be witnesses and had the courage to tell their story? How can we maintain their trust in the judicial process when they continue to observe Mr. Al-Bashir and other suspects traversing the globe with impunity? Victims, including some I have met with personally, are puzzled and dismayed by the Council's lack of action. It is almost eight years since the Pre-Trial Chamber of the International Criminal Court issued the first warrant of arrest against Mr. Al-Bashir. Yet during each reporting period, Mr. Al-Bashir travels to different States, attending events ranging from presidential inaugurations to international sporting events. According to my Office's information, Mr.”

    2016-12-13 · UN Security Council · Security Council, S/PV.7833 (2016) · source

20. “The Office's reports are intended not only to provide relevant updates, but also to galvanize and mobilize the Council to enforce the obligations created by resolution 1593 (2005) and the Rome Statute legal framework. Resolution 1593 (2005) was intended to enable my Office to establish the truth and deliver justice to the victims of Rome Statute crimes in Darfur. Instead, as time passes, ICC fugitives continue to travel across international borders unimpeded by the failure of the Sudan, other States, including - I regret to say - some States parties, to enforce the Court's arrest warrants. A further aggravating factor is the Council's inaction. It is no surprise then that victims and witnesses of the Office are slowly but surely losing faith in the process of international criminal justice in Darfur.”

    2016-12-13 · UN Security Council · Security Council, S/PV.7833 (2016) · source

21. “I refer to those crimes because it is critical that we do not lose sight of the ultimate purpose of these half-yearly briefings. These briefings should be more than a simple routine in fulfilment of a prescribed timetable. They should be seen as an opportunity for dialogue and an exchange of views between my Office and the Council on how best to achieve the objectives of resolution 1593 (2005), so that independent and impartialjustice can be delivered to the Darfur victims. As my report makes clear, the Rome Statute system has two essential pillars, namely, a judicial pillar, provided by the International Criminal Court, and an execution and enforcement pillar, provided by State parties, and in the context of the Darfur situation, also the Council.”

    2016-12-13 · UN Security Council · Security Council, S/PV.7833 (2016) · source

22. “Banda are alleged to have attacked and murdered AU peacekeepers at their base in Haskanita, including one peacekeeper from a State that is currently a member of the Council. The courageous women and men who risk their lives in international and regional efforts to maintain peace deserve not only our respect and admiration, but also the best protection we can afford them. That protection surely includes holding those who target and attack peacekeepers accountable for such crimes. Those are a just a few illustrations of the many crimes I am trying to prosecute as a result of the referral from the Security Council - crimes that the Pre-trial Chamber of the International Criminal Court have determined there are grounds to believe were committed by the Darfur suspects.”

    2016-12-13 · UN Security Council · Security Council, S/PV.7833 (2016) · source

23. “We must ensure that time also does not erode this fact in our memories, nor our obligations to hold those responsible for those egregious crimes accountable. Let me recall by way ofa few examples the gravity ofthe crimes. It is alleged that between August 2003 and March 2004 in the town of Mukjar, West Darfur, over 70 men were summarily executed after being detained and tortured by the Janjaweed and the Sudanese Army. In that same period, women and girls were raped and sexually assaulted. Civilians were attacked, forcibly expelled from their homes and herded into camps for internally displaced persons. In an attempt to stop the violence and restore peace, the African Union (AU) deployed a peacekeeping operation in Darfur. Yet despite their protected status, in September 2007 rebel forces under the command of Mr.”

    2016-12-13 · UN Security Council · Security Council, S/PV.7833 (2016) · source

24. “Ahmad Harun continue to occupy high-ranking positions within the Government of the Sudan without subjecting themselves to the scrutiny of the law so that their guilt or innocence can be established. What is more, Mr. Ali Kushayb continues to be active in the Government of the Sudan's aligned militias operating in Darfur, while another suspect, Mr. Abdallah Banda, also remains at large in the Sudan. Time may lapse, but time does not erase the fact that serious crimes have been committed in Darfur, resulting in the untold suffering of victims. And time will not change the fact that those five men stand accused of multiple crimes against humanity and war crimes, and additionally, in the case of Mr. Al-Bashir, genocide. Those constitute the world's most serious crimes.”

    2016-12-13 · UN Security Council · Security Council, S/PV.7833 (2016) · source

25. “Ms. Bensouda: I thank you, Mr. President, for this opportunity to present my Office's twenty-fourth report on the situation in Darfur, pursuant to resolution 1593 (2005). Six months have passed since my last report to the Council (see S/PV.7710), and indeed nearly a decade has passed since the first warrant of arrest was issued by the International Criminal Court (ICC) in the situation in Darfur. As I present this twenty-fourth report before the Council today, it is with immense regret that I acknowledge once again that all five suspects against whom warrants of arrest have been issued by the International Criminal Court in this situation remain at large. As the longing for justice of the Victims of Rome Statute crimes in Darfur remains unfulfilled, the suspects Mr. Omar Al-Bashir, Mr. Abdel Hussein and Mr.”

    2016-12-13 · UN Security Council · Security Council, S/PV.7833 (2016) · source

26. “Atrocity crimes demand unequivocal and universal condemnation and accountability. In adopting the Rome Statute, States recognized not only that reality but also the intrinsic link between accountability for atrocity crimes and sustainable peace and security. The Court remains fully committed to its mandate to help end impunity for the world's gravest crimes, and in doing so to contribute to preventing future atrocities. In that essential mission, we count on the principled support of this body and the States parties and non-State parties to the Rome Statute - indeed, of the international community writ large - to realize the full potential of the Rome Statute system in Libya and elsewhere. That is a must if we are to fully respond to the plight of victims by dispensing justice and to strengthen the international rule of law.”

    2016-11-09 · UN Security Council · Security Council, S/PV.7806 (2016) · source

27. “By definition, the referral carries great responsibility to seek justice for the countless civilians who have been victims of the Widespread crimes in Libya since 15 February 2011. Compelled by this responsibility, I have decided to allocate additional resources from within my Office's overall budget to the Libya situation. I have no choice if further concrete progress is to be made in our investigations. Without the Council's support, that allocation will necessarily come at the expense of investigations of other crimes in other situations. I appeal to the Council to recognize the collective responsibility arising out of its referral and to support United Nations financial assistance for my Office's Libya investigations in 2017. The Libyan people deserve no less.”

    2016-11-09 · UN Security Council · Security Council, S/PV.7806 (2016) · source

28. “In particular, Special Representative Kobler indicated that he is deeply disturbed by reports that civilians in Benghazi's Ganfouda neighbourhood continue to be caught in the cross-fire of fighting and suffer shortages of food, water and medicines. Special Representative Kobler indicated that UNSMIL has been working to support the Libyan mediation process in order to minimize the suffering in Ganfouda. I understand that an evacuation plan has been discussed. My Office welcomes that important development and will continue to closely scrutinize the situation in Ganfouda and the actions of all parties to the conflict in accordance with the Rome Statute criteria. To conclude, the Council referred the situation in Libya to my Office.”

    2016-11-09 · UN Security Council · Security Council, S/PV.7806 (2016) · source

29. “I welcome the opportunity to meet with those delegations and hear directly about the experiences of the Libyan civilians whom they represent. In the same vein, the Office also continues to receive, from nongovernmental organizations, private citizens and other sources, information and potential evidence of acts that have allegedly caused grave harm to civilian populations. In particular, those include attacks that may adversely impact the civilian population, preventing them from fleeing violence and obtaining access to food, medicine and other basic needs. As a case in point, my Office followed with concern the recent 6 October statement regarding the residential district of Ganfouda in Benghazi, made by Martin Kobler, the Special Representative of the Secretary-General and Head of UNSMIL.”

    2016-11-09 · UN Security Council · Security Council, S/PV.7806 (2016) · source

30. “Exceptionally, certain States have proved far less cooperative, and I take this opportunity to urge all States that have not responded to our requests for assistance to do so without further delay. Despite the challenges Libya that currently faces, certain initiatives demonstrate that peaceful negotiated outcomes to conflicts are achievable and must be supported. One commendable example is the 31 August Misrata-Tawergha Agreement on the Return of the Displaced and Compensation of those Affected. My Office encourages other such initiatives aimed at improving the lives of the people of Libya. My Office continues to receive many delegations from various parts of Libya, who represent civilians adversely affected by the conflict.”

    2016-11-09 · UN Security Council · Security Council, S/PV.7806 (2016) · source

31. “In 2017, my Office intends to step up its cooperation with States in relation to that issue and will continue to study the feasibility of opening an investigation into alleged criminal acts against refugees and migrants in Libya, including any alleged acts of sexual violence or crimes against children that fall under the Court's jurisdiction. In discussing collaboration, Imust also acknowledge with gratitude that the Office's investigative efforts have greatly benefitted from the operational investigative support and cooperation that it continues to receive from the Libyan Prosecutor-General's office. Regional States, including in particular the Republic of Tunisia and the Hashemite Kingdom of Jordan, have also continued to cooperate with my Office in its investigations in Libya, for which my Office is grateful.”

    2016-11-09 · UN Security Council · Security Council, S/PV.7806 (2016) · source

32. “The productive meeting resulted in agreement in principle that the Office would work collectively with the States with a view to augmenting their respective, independent investigative efforts. In particular, the Office is engaging with those agencies investigating individuals involved in organized crime and facilitating and financing illegal migration through Libya. The importance of investigating alleged crimes related to illegal migration is reflected in resolution 2312 (2016), adopted by the Council on 6 October.”

    2016-11-09 · UN Security Council · Security Council, S/PV.7806 (2016) · source

33. “The timely execution of the new arrest warrants will be crucial, require coordinated efforts by States and may also require support from the Council. My Office cannot accomplish its goals in Libya acting alone. Addressing the widespread criminal activity that continues to beset Libya requires a coordinated approach andjoint efforts by all concerned. It is with that in mind that my Office continues its efforts of working with our partners to develop coordinated investigative and prosecutorial strategies to close the impunity gap for ICC crimes in Libya. Pursuant to its Strategic Goal 9, the Office convened a two-day operational level meeting in The Hague in October, bringing together judicial and investigative agencies from several States.”

    2016-11-09 · UN Security Council · Security Council, S/PV.7806 (2016) · source

34. “My commitment to making Libya a priority situation in 2017 is compelled by a number of factors, including the widespread violence, lawlessness and impunity that currently prevail in many parts of the country; a desire to provide justice for victims of Rome Statute crimes and alleviate the suffering of those civilians who continue to endure the tragic consequences of the conflict in Libya; and, finally, the opportunities for further investigation that the Office has identified. Furthermore, my Office's ongoing efforts in regard to the arrest of an additional suspect or suspects have advanced significantly. I can report to the Council that my Office intends to apply for new warrants of arrest under seal as soon as practicable and hopes to have new arrest warrants served in the near future.”

    2016-11-09 · UN Security Council · Security Council, S/PV.7806 (2016) · source

35. “I urge the Council to expressly extend the request to include ICC personnel conducting investigations in Libya. Doing so will help facilitate one of my Office's major goals of ensuring that our investigators return to their work inside Libya as soon as possible. My Office is committed to intensifying its efforts to deter the current climate of impunity in Libya. Notwithstanding the many difficulties posed by the investigations of the Libya situation, including in particular resource challenges, my Office will do all it can to significantly expand investigations in 2017. The new investigations will consider bringing charges for recent and current instances of alleged serious criminal activity falling under the Court's jurisdiction, which could potentially include alleged crimes committed by Da'esh and affiliated groups.”

    2016-11-09 · UN Security Council · Security Council, S/PV.7806 (2016) · source

36. “The persistent instability and armed conflict prevent my Office from conducting investigations within Libyan territory in relation to both existing and potential new cases. Nevertheless, my Office continuously analyses the security situation through a variety of sources in order to identify opportunities to investigate in situ in Libya. The Office will continue to work in partnership with the Libyan Prosecutor-General's office to find a solution to safely conduct investigations in Libya as soon as possible. In relation to those efforts, my Office notes resolution 2291 (2016), and in particular the Council's request to all parties to cooperate with UNSMIL and ensure the security of United Nations and associated personnel in Libya.”

    2016-11-09 · UN Security Council · Security Council, S/PV.7806 (2016) · source

37. “There are also multiple reports of civilian deaths from indiscriminate air strikes, shelling and gunfire. Abductions and unlawful detentions continue. The number of internally displaced persons in Libya is believed to number approximately 350,000. Finally, Libya is a major hub for the illegal migration trade, which I will discuss in more detail shortly. I must also take this opportunity to join the United Nations Support Mission in Libya (UNSMIL) and others in strongly condemning the attempt in October to seize the headquarters of the High Council of State in Tripoli. I share the view reflected in the 25 October joint communique issued by the League of Arab States, the African Union and UNSMIL that such actions are detrimental to the stability and security of the country.”

    2016-11-09 · UN Security Council · Security Council, S/PV.7806 (2016) · source

38. “In short, the situation continues to deteriorate and innocent civilians continue to bear the brunt of the fighting between the warring factions vying for control of Libyan territory. The current state of affairs in which civilians are victimized is completely unacceptable. As stated in my Office's twelfth report to the Council, multiple conflicts across Libya consume the country and parties to the conflict allegedly continue to commit serious crimes. The Council has repeatedly condemned crimes allegedly committed by Da'esh, Ansar Al-Sharia and other parties to the conflict in Libya. Executions, including allegedly by Da'esh, reportedly account for the largest numbers of killings during the reporting period. Reports of mass graves are on the rise.”

    2016-11-09 · UN Security Council · Security Council, S/PV.7806 (2016) · source

39. “Regarding the Al-Senussi case, my Office awaits the full report of the United Nations Support Mission in Libya on the conduct ofthe domestic trial and will study it carefully when it is available. At this stage, my Office remains of the view that no new facts have arisen that negate the basis on which the Pre-Trial Chamber found Mr. Al-Senussi's case inadmissible before the Court. As I have repeatedly stated, including before the Council, my Office will continue to review its assessment on the matter as and when new information becomes available in accordance with article 19 (10) of the Rome Statute. Allow me to offer a few words about the current challenging situation in Libya.”

    2016-11-09 · UN Security Council · Security Council, S/PV.7806 (2016) · source

40. “Also in relation to the Al-Qadhafi case, in July media reports suggested that Mr. Al-Qadhafi had been released from detention in Zintan on the basis of a grant of amnesty. I must report that reliable sources, including the Libyan Prosecutor-General's Office, have confirmed that information to be incorrect. From the information available to the Office, it is clear that Mr. Al-Qadhafi remains in Zintan and is still outside the custody and control of the Presidency Council of the Government of National Accord. My Office again calls on the Libyan authorities to ensure that they do everything possible to have Mr. Al-Qadhafi transferred to the ICC without any further delay, in keeping with their obligations under the Rome Statute.”

    2016-11-09 · UN Security Council · Security Council, S/PV.7806 (2016) · source

41. “Al-'Atiri commands the Abu-Bakr al-Siddiq Battalion in Zintan, Libya, and has control of Mr. Al-Qadhafi. On 2 June, the Pre-Trial Chamber ordered the Registry of the Court to communicate with the Libyan authorities as to whether the request for arrest and surrender of Mr. Al-Qadhafi could be served directly on Mr. Al-'Atiri either by the Libyan authorities or the Court. Recently, on 28 October, the Registry filed an update on the progress of the Pre-Trial Chamber's order. That update contained in a confidential annex a reply from the Libyan Attorney- General's Office, dated 29 September. In the update, the Registry sought guidance on what further course of action it should take to communicate with the relevant Libyan authorities. My Office is awaiting the Pre-Trial Chamber's decision on the next steps in relation to that matter.”

    2016-11-09 · UN Security Council · Security Council, S/PV.7806 (2016) · source

42. “I am hopeful that in my next report in May 2017, I will be able to report tangible results of that positive engagement. I am confident that the Arab Republic of Egypt will be a leading example by building on the existing level of cooperation and continuing and strengthening its voluntary cooperation with the Court. Let me provide a brief update on the Saif Al-Islam Al-Qadhafi and Abdullah al-Senussi cases. Following that update, I will discuss the current situation in Libya and my Office's plans for further investigations. As the Council will recall, on 26 April, my Office filed a request with the Pre-Trial Chamber of the Court for an order directing the Registry to transmit a request to Mr. Al-'Ajami Al-'Atiri for the arrest and surrender of Mr. Al-Qadhafi to the ICC. Mr.”

    2016-11-09 · UN Security Council · Security Council, S/PV.7806 (2016) · source

43. “To cite one example, the Council will recall that during my last briefing on 26 May (see S/PV.7698), I reported on my official visit to Cairo and on the positive dialogue and engagement between my Office and the Egyptian authorities on several matters. In conformity with its mandate, my Office continued to pursue issues of mutual interest with the Egyptian authorities, including in relation to the situation in Libya and the challenges facing the region of North Africa, such as the security and destabilizing threats posed by terrorism and extremist groups, such as the so-called Islamic State in Iraq and the Levant, or Da'esh. Since my visit, my Office has continued to liaise with the Arab Republic of Egypt in order to advance our shared goals of bringing justice to the victims of grave crimes.”

    2016-11-09 · UN Security Council · Security Council, S/PV.7806 (2016) · source

44. “Ms. Bensouda: I welcome the opportunity to once again engage with this body as I present my Office's twelfth report on the situation in Libya, pursuant to Security Council resolution 1970 (2011). Allow me at the outset to emphasize that the Office of the Prosecutor is grateful for the support it received during the reporting period in conducting its work on the situation in Libya. My Office has received that critical support from an increasing number of both States parties and non-States parties to the Rome Statute of the International Criminal Court (ICC), including members of the Council. That cooperation has greatly facilitated our work vis-a-vis Libya and must be recognized.”

    2016-11-09 · UN Security Council · Security Council, S/PV.7806 (2016) · source

45. “If States parties disagree with these decisions, the appropriate response is to challenge them before the Court through the legal process if necessary and seek to appeal decisions if they disagree with them. That is the correct way. That is the legitimate way to receive legal disputes and to respect the rule of law.”

    2016-06-09 · UN Security Council · Security Council, S/PV.7710 (2016) · source

46. “For example, this obligation is clear from the same 2014 decision finding the Democratic Republic of the Congo in noncompliance to which I have referred. It is also crystal-clear from the June 2015 decision in which the Pre-trial Chamber also wrote that there exists no ambiguity or uncertainty with respect to the obligation of the Republic of South Africa to immediately arrest and surrender Mr. Al-Bashir to the Court. What I want to stress by referring to this decision is that the Court has made plain on several occasions what the answer is to the apparent tensions between article 27 and 98 in the case of Mr. Al-Bashir. If States parties do not agree with these decisions or find them politically inconvenient, they are nevertheless bound to follow the decisions of the Court.”

    2016-06-09 · UN Security Council · Security Council, S/PV.7710 (2016) · source

47. “The Court is the only and sole authority to decide whether or not the immunity is generally attached to Mr. Al-Bashir, as sitting Head of State, where applicable in this particular case. The conclusion finds support in article 119(1) of the Statute, which provides that any dispute concerning the judicial functions of the court shall be settled by the decision of the Court. This is a decision of the Court; therefore, simply put, it is binding on States parties that have joined the Court. Similarly, the Court has ruled on several occasions that in the specific case of Mr. Al-Bashir, States parties are obliged to arrest and surrender him should he travel to their territory. That is why non-compliance findings have been made and referred to the Council in that case.”

    2016-06-09 · UN Security Council · Security Council, S/PV.7710 (2016) · source

48. “However, if a State chooses to join the Court and becomes a State party, then it is bound to accept and follow the provisions of the Rome Statute as they apply to States parties; this includes being bound by the decisions of the Court. So who decides the issue of the apparent tension between the apparent tension between articles 27, on the irrelevance of official capacity, and article 98(1), on cooperation with respect to waiver of immunity and consent to surrender? The answer is clear: it is not the States parties themselves; it is not the Security Council; it is not academics; it is the Court itself. Regarding the specific case ofPresident Al-Bashir, the Pre-Trial Chamber made this fact absolutely clear in its non-compliance decision regarding the Democratic Republic of the Congo, on 9 April 2014.”

    2016-06-09 · UN Security Council · Security Council, S/PV.7710 (2016) · source

49. “Reasonable minds, reasonable lawyers may differ in their interpretation of the Statute. However, what is clear and indisputable is which body determines with authority and finality the issue of whether or not immunity is attached to the individual in question in any specific case, and that is the Court and only the Court. It is an obvious fact, but it must be emphasized, that the ICC is a Court. It is not an association, it is not a non-governmental organization or any other type of organization. It is a criminal Court that determines individual criminal responsibility within the framework of the Rome Statute. States may choose to join the Court by acceding to the treaty or choose not to join the Court.”

    2016-06-09 · UN Security Council · Security Council, S/PV.7710 (2016) · source

50. “Ms. Bensouda: I regret all of the allegations of selectivity on the part ofthe Office that have been made. A close look at our work should suggest otherwise. I regret also the blatant misinformation presented by the representative of the Sudan to cover up the situation in Darfur. I regret this misinformation. As has been commented on, there is a perceived tension between articles 27, on the irrelevance of official capacity, and 98(1), on cooperation with respect to waiver of immunity and consent to surrender, of the Rome statute. The question naturally arises: if a Head of State for whom an International Criminal Court (ICC) warrant has been issued travels through the territory of a State party, is that State party bound to arrest and surrender the suspects to the Court, given the provisions of article 98(1)?”

    2016-06-09 · UN Security Council · Security Council, S/PV.7710 (2016) · source