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

“The Appeals Chamber of the ICC has held that, for due process violations in a domestic trial to lead to a case being deemed admissible before the ICC, the violations 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. To that end, my Office sought and is carefully analysing information on the progress of the proceedings against Mr. Al-Senussi from UNSMIL, Human Rights Watch and the Libyan authorities. My Office currently awaits the full UNSMIL report on the Libyan trial of Saif Al-Islam Al-Qadhafi and Abdullah Al-Senussi and the trial judgment, and will continue to follow the situation and to collect and analyse information with a view to determining whether to seek the Chamber's review of the admissibility of the Al-Senussi case.”
2015-11-05 · UN Security Council · Security Council, S/PV.7549 (2015) · source
“Libya acknowledged that Saif Al-Islam Al-Qadhafi was not in its custody. In relation to the AZ-Senussi case, my Office continues to monitor proceedings at the national level and to collect information to enable it to determine whether there are new facts in support of an application for a review of the decision on the admissibility of the case. It is worth emphasising that, under article 19 (10) of the Rome Statute, my Office can submit a request for review of the Pre-Trial Chamber's decision only if it is fully satisfied that there are new facts that negate the basis of that decision.”
2015-11-05 · UN Security Council · Security Council, S/PV.7549 (2015) · source
“My Office will continue its constructive engagement with the Libyan authorities to ensure that the requisite information is provided for its own assessment of Rome Statute requirements. It is also important to highlight the fact that on 30 July 2015, my Office filed a request with the Pre-Trial Chamber seeking an order directing Libya to refrain from executing Saif Al-Islam Al-Qadhafi, to immediately surrender him to the Court, and to report his death sentence to the Council. In its response on 20 August 2015, Libya explained that the death sentence against Saif Al-Islam Al-Qadhafi was non-enforceable in Libya because his trial was held in absentia, and that he will enjoy an absolute right to a new trial when he is transferred from Zintan into the custody of the Libyan authorities.”
2015-11-05 · UN Security Council · Security Council, S/PV.7549 (2015) · source
“My Office is currently investigating the circumstances depicted in the videos, including by seeking information from Libya and reviewing and assessing the materials already furnished by the Libyan authorities. In its latest correspondence to my Office dated 23 October 2015, and in subsequent recent meetings with my team and myself directly, Libyan authorities have assured my Office that these allegations are being pursued, and that meaningful and concrete actions have and will continue to be taken in this regard. In addition, the Libyan authorities have provided my Office with documents related to their investigations into the alleged criminal events at the prison. Our initial assessment of the information provided gives hope for optimism about these national efforts.”
2015-11-05 · UN Security Council · Security Council, S/PV.7549 (2015) · source
“This was an issue of concern, as my Office is still calling upon Libya to surrender Al-Qadhafi to the ICC while it has continued to monitor and collect information to enable it to determine whether there are new facts that may support an application for review under article 19 (10) of the Rome Statute of Pre-Trial Chamber I's decision finding the Al-Senussi case inadmissible before the Court. My Office was also deeply concerned by videos of alleged acts of torture against Saadi Al-Qadhafi at Al-Hadba prison, which circulated online in August. Reports of alleged acts of torture or similar inhumane acts at the prison are relevant to the Al-Senussi case in the context of articles 17 and 19 (10) of the Rome Statute.”
2015-11-05 · UN Security Council · Security Council, S/PV.7549 (2015) · source
“To date, despite the repeated demands of my Office, Saif Al-Islam Al-Qadhafi has not been surrendered to the custody of the ICC. The Libyan authorities must heed the Council's calls for cooperation and comply with the Court's request to immediately surrender Saif Al-Islam Al-Qadhafi to the ICC. The Libyan authorities are under a clear legal obligation to do so, and remain non-compliant by failing to surrender him into ICC custody. As Council members are aware, on 28 July the Tripoli Court of Assize sentenced both Saif Al-Islam Al-Qadhafi and Abdullah Al-Senussi, among other co-defendants, to death for the crimes they allegedly committed during Libya's 2011 uprising.”
2015-11-05 · UN Security Council · Security Council, S/PV.7549 (2015) · source
“I equally and strongly invite the Council to seriously consider assisting the Office, in accordance with article 115(b) of the Rome Statute, to obtain the resources required for the effective investigation of alleged crimes committed in a situation that has been referred to the Court by this body. Devising innovative and effective strategies and action plans on how to give meaning to the provisions of article 115(b) of the Rome Statute is essential. Turning to the cases of the accused, Saif Al-Islam Al-Qadhafi and Abdullah Al-Senussi, the Council will recall that the Appeals Chamber of the ICC affirmed the admissibility of the case against Saif Al-Islam Al-Qadhafi on 21 May 2014 and the inadmissibility of the case against Al-Senussi on 24 July 2014.”
2015-11-05 · UN Security Council · Security Council, S/PV.7549 (2015) · source
“To that end, the Office requested resources for additional investigations as part of its 2016 proposed budget, to be considered by the States parties to the International Criminal Court (ICC). However, there are indications that those resources will likely not be forthcoming. As such, resource constraints in 2016 will impede the Office's ability to conduct these additional investigative activities. It is of paramount importance that the ongoing crimes committed by different actors in Libya be investigated and that my Office be provided with the requisite resources to undertake these necessary investigations in accordance with its mandate. My Office therefore relies on the critical financial support of States parties in this regard, and I take this opportunity to call on them to provide this crucial funding.”
2015-11-05 · UN Security Council · Security Council, S/PV.7549 (2015) · source
“My Office is ready to fully play its part in accordance with the Rome Statute by ensuring accountability for atrocity crimes in Libya. To that end, the Council's tangible support remains crucial. As indicated in my Office's tenth report to the Council, a significant body of material provided by the Libyan authorities in late December 2014 continues to be reviewed, analysed and investigated, resulting in investigative progress towards shedding light on instances of atrocity crimes allegedly committed in Libya. Our cooperation with the Libyan authorities in obtaining the relevant materials continues. I stress the importance of undertaking investigations with respect to the ongoing crimes in Libya and reiterate my Office's every desire to do so.”
2015-11-05 · UN Security Council · Security Council, S/PV.7549 (2015) · source
“The agreement reached in Tunis in September to develop strategies for the return of the Tawergha as well as to establish clear plans for reparations to the victims is a welcome development. It is particularly noteworthy that the Misrata/ Tarwergha Joint Committee affirmed its full support for the political dialogue and the formation of a Government of national accord so as to meet the aspirations of the Libyan people to establish the rule of law, end the conflict and safeguard Libyan unity. The era of accountability and the rule of law, as a basis on which the future of the country can be built, may indeed be within reach for the Libyan people. We, as a collective, cannot fail the Libyan people by standing idly by as the country degenerates into chaos and further instability.”
2015-11-05 · UN Security Council · Security Council, S/PV.7549 (2015) · source
“The ongoing national dialogue, facilitated by the United Nations, aimed at the establishment of a Libyan Government of national accord, represents hope for a transition to national unity and durable peace, and it carries important promise for Libya's efforts in the promotion of the rule of law, the protection of civilians and the ending of impunity for atrocity crimes. Any such initiative that is embraced by the Libyan people and achieves these laudable goals, including paying homage tojustice as a critical pillar ofsustainable peace, is, of course, welcomed by my Office. In yet another important development of note, UNSMIL has facilitated successful talks towards the resolution of the Tawergha issue.”
2015-11-05 · UN Security Council · Security Council, S/PV.7549 (2015) · source
“In such an environment, national efforts aimed at strengthening accountability for atrocity crimes and establishing the rule of law face great challenges. But from trial and tribulation comes hope. As we are gathered here today, the Libyan people's long ordeal may soon see a redirection towards a more promising future for Libya. Thanks to the tireless efforts of the United Nations Support Mission in Libya (UNSMIL), and to the strength and commitment of the Libyan people, significant progress has recently been made towards the goal of achieving peace and stability in the country through the creation of a Government of national unity.”
2015-11-05 · UN Security Council · Security Council, S/PV.7549 (2015) · source
“Ms. Bensouda: I wish at the outset to thank the Council for this opportunity to address it on the situation in Libya. This is the tenth occasion on which I am providing this briefing since the referral of the situation to my Office in February 2011. Libya has been embroiled in a seemingly endless cycle of violence, large-scale commission of crimes and chronic instability, with serious and debilitating ramifications for not only the proper functioning of State institutions, but also the human rights landscape in the country. The breakdown of law and order induced by incessant conflict and political divide has resulted in an increase in the number of violations of international human rights and international humanitarian law.”
2015-11-05 · UN Security Council · Security Council, S/PV.7549 (2015) · source
“I encourage the leadership ofthe Assembly of States Parties to the Rome Statute of the ICC and their offices to continue to consider how interaction between the caucus and the Assembly of States Parties may strengthen the justice community's interactions at the United Nations. In conclusion, let me restate that there is more that we can and must do to achieve peace and justice in Darfur. I will continue to do my part in the exercise of my independent and impartial mandate. The support of partners, including civil society from the Sudan and elsewhere, States Parties in general and the United Nations remains crucial for my work. It must be stressed that the Council also has a vital role to play and must do its part.”
2015-06-29 · UN Security Council · Security Council, S/PV.7478 (2015) · source
“As the Judges of the Court have put it, if there is no follow-up action on the part of the Security Council, any referral by the Council to the ICC under Chapter VII of the Charter of the United Nations would never achieve its ultimate goal; namely, to put an end to impunity. Accordingly, any such referral would become futile. My Office welcomes the ongoing dialogue with States parties to the Rome Statute, through the caucus of States parties in the Council. The caucus is an important step towards building institutional memory on justice issues within the Council and ensuring that justice remains an integral part of the Council's discussions.”
2015-06-29 · UN Security Council · Security Council, S/PV.7478 (2015) · source
“It is imperative for the Council to recognize its crucial role vis-a-vis those States found to be non-compliant by the Court and to assume its responsibilities to advance the objectives of the Rome Statute. Therefore, I reiterate the call on the Council to ensure the Sudan's compliance with resolution 1593 (2005) and equally call on States parties to the Rome Statute to promote cooperation and effect the arrest of individuals wanted by the ICC in the Darfur situation. Similarly, I urge ICC States parties to take the lead in assessing how best individuals for whom warrants have been issued by the Court can be arrested and surrendered to the ICC. That dialogue is past due and my Office encourages it to be given the urgency it deserves.”
2015-06-29 · UN Security Council · Security Council, S/PV.7478 (2015) · source
“That is in addition to the 9 March finding of the same Pre-Trial Chamber that the Sudan has failed to cooperate with the ICC by not arresting and surrendering Mr. Omar Al-Bashir. The Judges have communicated those findings to the Council for action. The latest judicial findings bring the number of such non-compliance communications to the Council to 10. I urge the Council to give urgent attention to those communications. Following an independent assessment of whether to open an investigation pursuant to a Security Council referral, if the decision by the Court is affirmative, then the Rome Statute legal framework foresees a clear role for the Council in the case of the non-compliance of States.”
2015-06-29 · UN Security Council · Security Council, S/PV.7478 (2015) · source
“A team of lawyers and investigators dedicated to the Darfur investigations in my Office continues to carry out its work, albeit with a limited capacity given resource constraints, the lack of access to the Sudan and inadequate support and follow- up from the Council. My Darfur team's activities have had to be limited to monitoring and documenting incidents as they occur and to conducting witness interviews where possible and necessary. I urge anyone with reliable information and potential evidence of ongoing crimes in Darfur to contact my Office and to proactively support the ongoing investigation. On 26 June, the Pre-Trial Chamber ofthe ICC found that the Government of the Sudan is in non-compliance for its failure to arrest and surrender Abdel Raheem Muhammad Hussein to the ICC.”
2015-06-29 · UN Security Council · Security Council, S/PV.7478 (2015) · source
“The people alleged to be most responsible for those ongoing atrocities are the same people against whom warrants of arrest have already been issued. Needless to say, arresting them and bringing them to face justice is the only way to stop those crimes. In that context, I must emphasize that my Office's investigations into the alleged crimes committed in Darfur are continuing, albeit not at the pace or intensity we would have liked. The fact remains that my Office has finite resources and a heavy caseload and is therefore struggling to commit to full, active investigations of the ongoing crimes in Darfur. That however, should not in any way be misconstrued or interpreted to mean that investigations have been closed or that we have abandoned the victims of mass atrocities in Darfur - in fact, far from it.”
2015-06-29 · UN Security Council · Security Council, S/PV.7478 (2015) · source
“I encourage States parties to plan ahead for the arrest in a targeted and efficient manner of each individual wanted by the Court. The longer such persons remain at large, the greater the risk that further atrocities will be committed, contributing to instability and insecurity. The deteriorating security situation in Darfur continues to be a matter of great concern, not only for my Office, but for the broader international community and, undoubtedly, for the Council. Innocent civilians continue to bear the brunt of insecurity and instability, notably as a result of what appears to be an ongoing Government campaign to target them. The frequency and brutality of the targeting of civilians, particularly women, are especially troubling.”
2015-06-29 · UN Security Council · Security Council, S/PV.7478 (2015) · source
“We must not allow that Virtuous undertaking of humanity to be chipped away or ultimately sacrificed at the altar of political expediency. It is past time for the Council and States to join forces with the Court and civil society in devising concrete and effective strategies for the arrest of accused persons wanted by the Court and to give the ICC the full support it requires and to which it is entitled in order to implement the Rome Statute as intended. My Office has encouraged States parties to find innovative ways to support those among them that are most likely to receive visits from wanted individuals to be proactive and to make practical plans for the safe and effective arrest of persons against whom warrants of arrest have been issued by the Court.”
2015-06-29 · UN Security Council · Security Council, S/PV.7478 (2015) · source
“Omer Al-Bashir to the Court and that the competent authorities of the Republic of South Africa were already aware of that obligation. Mr. Al-Bashir's hasty retreats in Kenya, Nigeria and now South Africa are also largely due to the vigilance and tireless efforts of civil society. The courage and commitment of civil society are to be commended. More importantly, such selfless efforts must humble us and remind us of the spirit of 1998, when the hopes and aspirations of humanity combined in a rare historical moment to create the International Criminal Court with the promise "never again". The International Justice Project, with the ICC at its nucleus, demands sustained and robust support if it is to succeed and propel us forward towards a more just and peaceful world.”
2015-06-29 · UN Security Council · Security Council, S/PV.7478 (2015) · source
“They remain in full force and effect, and my Office is committed to ensure that they are executed. While Mr. Al-Bashir may have escaped the law in South Africa through an unanticipated and premature departure from the twenty-fourth African Union Summit, the swift judicial action of South African courts we have witnessed is a shining precedent that must be emulated in other States. More generally, the High Court's ruling on South Africa has also underlined a growing recognition by domestic courts of States' obligations to uphold their commitments under international law and, in this case, the Rome Statute. As the Court's own presiding Judge of the Pre-Trial Chamber made clear on Saturday, 13 June, there existed no ambiguity or uncertainty with respect to the obligation of the Republic of South Africa to immediately arrest and surrender Mr.”
2015-06-29 · UN Security Council · Security Council, S/PV.7478 (2015) · source
“It was a clarion call to the Council that it is long overdue to heed the cries of the victims of rape, sexual abuse, torture, mass displacement and other kinds of inhumane suffering that Darfurians continue to endure. As always, detractors and their spin doctors have deliberately distorted the call for Security Council action as a victory for Mr. Al-Bashir and other suspects in the Darfur situation. Let me be clear. My Office's determination to bring independent and impartial justice to the people of the Sudan remains unshaken. The efforts of detractors and naysayers only serve to strengthen our resolve and spur us to double our efforts in that regard. Mr. Al-Bashir's rapid departure from South Africa proves that the warrants of arrest against him are as valid as they were when issued.”
2015-06-29 · UN Security Council · Security Council, S/PV.7478 (2015) · source
“The question we need to ask ourselves today is whether the people of Darfur, Sudan, who continue to endure the suffering widely recognized by the Mbeki Panel and the African Union, among others, will ever receive the justice they deserve? Will their plight finally be answered through independent and impartial justice, or will their cries continue to face silent inaction? In my last briefing on Darfur (see S/PV.7337), I stated that given the Council's failure to act decisively on numerous acts of defiance of its resolution 1593 (2005) by the Government of the Sudan and given the limited resources at my disposal, I was left with no choice but to limit active investigations. My message was addressed to the Council to encourage the exercise of its powers to ensure justice for the long-suffering victims of atrocity crimes in the Sudan.”
2015-06-29 · UN Security Council · Security Council, S/PV.7478 (2015) · source
“The final determination of this issue, however, is for the judges of the ICC alone". The role of the International Criminal Court in efforts to end the atrocities committed in Darfur and to hold those most responsible accountable, is crucial and has a well-known history. Indeed, it is a role equally well recognized by the African Unon at the genesis of the exercise ofthe Court's jurisdiction vis-a-vis Darfur, Sudan. Notably, the Mbeki Panel went on to say: "Whilst the ICC action might be a catalyst for acts of accountability in Sudan, Darfurians deserve attention not because of the threat of international action, but principally because they have a right to justice, in their own country, on account of what they have suffered".”
2015-06-29 · UN Security Council · Security Council, S/PV.7478 (2015) · source
“This comprehensive 125-page report, entitled "Darfur - the quest for peace, justice and reconciliation", recommended a range of steps the Sudanese Government ought to take to advance these objectives. They included the creation of a hybrid court composed of Sudanese and non-Sudanese judges and other officials to investigate and prosecute serious crimes committed in Darfur in violation of international law, as well as broad reforms to the country's criminal justice system. In particular, the Mbeki Panel opined, "should Sudan make genuine efforts to address the crimes in Darfur, the judges of the ICC would be required to evaluate those steps to consider whether they meet the requirements of Article 17 [of the Rome Statute, which gives preference to national courts unless States in question cannot or will not prosecute].”
2015-06-29 · UN Security Council · Security Council, S/PV.7478 (2015) · source
“Ms. Bensouda: We are meeting once again as I present my Office's twenty-first report on Darfur, Sudan, pursuant to resolution 1593 (2005). Today's briefing also takes place over six years after the issuance of the first warrant of arrest against Mr. Omer Al-Bashir. To those who choose to forget the events that have brought us here, and in particular those who have chosen to deliberately distort facts by alleging that the International Criminal Court (ICC) imposed itself on the Sudan, I would like to briefly recall some crucial facts. Lest we forget, on 29 October 2009, the African Union (AU) endorsed the report and recommendations of the African Union High-Level Panel on Darfur, led by the former President of South Africa, Mr Thabo Mbeki.”
2015-06-29 · UN Security Council · Security Council, S/PV.7478 (2015) · source
“The group could also systematically look at the challenges and needs of the Government of Libya to meet its obligations with respect to cooperation with the International Criminal Court and to advance the course of justice in Libya. I also think such a contact group could facilitate and pool resources and receive assistance from willing States for capacity-building in Libya, taking into account the issue of complementarity. Those are some of the ideas we have had that suggest such a contact group could be very useful.”
2015-05-12 · UN Security Council · Security Council, S/PV.7441 (2015) · source
“Ms. Bensouda: On the issue of the contact group which the representative of Spain raised, I welcome the interest of Spain and of others in what, I believe, could be a very important transformative process. I can already say that we have helped to facilitate initial discussions between Libya and several Rome Statute State parties. We are happy to be able to help bring other interested parties into that discussion, but, as we always say, Libya must take ownership of this process ifit is to succeed. I envisage that such a contact group would ensure a systematic and sustained focus on the issues of justice and accountability in Libya and also serve as a forum for brainstorming on how institutional capacity in Libya can be strengthened.”
2015-05-12 · UN Security Council · Security Council, S/PV.7441 (2015) · source
“This position is taken on the basis of information currently available to the Office and is subject to change should we receive further reliable information that would warrant a reassessment of the finding. The Office will continue to monitor the situation in Libya and the domestic proceedings against Mr. Al-Senussi. In conclusion, I will simply reiterate that there is more that we can and must all do to ensure peace and justice in Libya. I will do my part in the effort to end impunity, and I look forward to working with our partners in Libya and among Libyan civil society and grass-roots leadership, at the United Nations, among the Rome Statute States parties and with the Libyan Mission to the United Nations to bring those plans to fruition.”
2015-05-12 · UN Security Council · Security Council, S/PV.7441 (2015) · source
“Al-Senussi and had taken steps to access data and analysis from independent trial-monitoring sources. The Office has since received information from the United Nations Support Mission in Libya on the domestic proceedings, as well as from the Libyan Prosecutor-General's Office and from independent civil society members. Based on that information and on an internal analysis of available video recordings of selected trial sessions received from United Nations Support Mission in Libya, the Office has concluded that it is not in possession of new facts that would fully satisfy it that the basis on which the case against Mr. Al-Senussi had previously been found inadmissible before the ICC has been negated.”
2015-05-12 · UN Security Council · Security Council, S/PV.7441 (2015) · source
“The Council is encouraged to do the same. The Rome Statute provides for such consultation. In the light of the continuing cooperation that my Office receives from the Prosecutor-General's Office, the importance of constructive consultations to address problems that may impede or prevent the execution of those requests is even greater. My Office will do whatever it can to encourage and facilitate those consultations, with the goal of ensuring Libya's full cooperation with the Court. In relation to the case of Abdullah Al-Senussi, the Office stated in its last report to the Council that no decision had been taken at the time to submit a request for review under article 19 (10) of the Rome Statute. As indicated, the Office had requested from Libya information on the national proceedings against Mr.”
2015-05-12 · UN Security Council · Security Council, S/PV.7441 (2015) · source
“In particular, I recall that, on 10 December 2014, the Pre-Trial Chamber found that Libya had failed to comply with the Chamber's requests to surrender Saif Al-Islam Al-Qadhafi to the Court, to return to his defence the originals of the documents seized in Zintan by the Libyan authorities from the former defence counsel for Saif Al-Islam Al-Qadhafi and to destroy any copies thereof. The Pre-Trial Chamber decided to refer the matter of Libya's non-compliance to the Council in accordance with regulation 109 (4) of the regulations of the Court. The Office notes that the Council referred to that decision in resolution 2213 (2015). The Office continues to press Libyan authorities to comply and to consult with the Court in order to resolve any problems that may impede or prevent the execution of the requests.”
2015-05-12 · UN Security Council · Security Council, S/PV.7441 (2015) · source
“My Office is actively considering the investigation and prosecution of further cases and will not hesitate to take such action as may be needed to contribute to ending impunity in Libya or to contribute to such action by other relevant prosecutorial authorities. Although the Libyan Prosecutor-General's office in particular has engaged in fruitful cooperation with my Office, I must reiterate that there are specific areas in which the Government of Libya is in non-compliance with the Court's orders.”
2015-05-12 · UN Security Council · Security Council, S/PV.7441 (2015) · source
“I recall, however, the principle that States, in the first instance, bear the primary responsibility to investigate and prosecute their nationals who have joined forces with ISIL and are alleged to be committing Rome Statute crimes. Similarly, my Office continues to be concerned about alleged indiscriminate attacks in heavily populated areas by both Operation Libyan Dawn and Operation Dignity forces, resulting in civilian casualties, in particular in Benghazi, Tripoli, Warshefana and in the Nafusa Mountains. I reiterate my call to all parties involved in the conflict to refrain from targeting civilians or civilian objects, or committing any other crimes that may fall within ICC jurisdiction, and to be vigilant and actively take all the necessary measures to prevent the commission of such crimes.”
2015-05-12 · UN Security Council · Security Council, S/PV.7441 (2015) · source
“Like the Council, we deplore the increasing violence in Libya, and we are deeply concerned at the impact of the violence on Libya's civilian population and institutions. Accountability for those responsible for violations or abuses of human rights or violations of international humanitarian law is essential. I have also taken note of the Council's call for accountability for the use of violence against civilians and civilian institutions by groups purportedly claiming allegiance to the Islamic State in Iraq and the Levant (ISIL), or Daesh. My Office believes that ICC jurisdiction over Libya prima facie extends to such alleged crimes.”
2015-05-12 · UN Security Council · Security Council, S/PV.7441 (2015) · source
“While it has not yet been possible to organize such a visit, I believe that we can achieve results before our next briefing, in November, with the help of the United Nations Support Mission in Libya, the Libyan Mission to the United Nations, the Libyan focal point to the ICC and other initiatives engaging with Libyan local leaders and civil society to promote justice. I have taken note of the Council's resolution 2174 (2014), of 27 August 2014, and resolution 2213 (2015), of 27 March 2015. Both make reference to the referral of the Libyan situation to the ICC in resolution 1970 (2011) and stress the importance of the Libyan Government's full cooperation with the ICC and with my Office.”
2015-05-12 · UN Security Council · Security Council, S/PV.7441 (2015) · source
“My Office appreciates the efforts that the United Nations Support Mission in Libya, as well as the Permanent Mission of Libya to the United Nations, have made to that end, and looks forward to continuing such efforts with those and other partners as we forge ahead in finding solutions to the crisis in Libya. As I suggested in my previous statements, the Libyan authorities should facilitate a Visit to New York by representatives from the local councils of Misrata and Tawergha to meet and engage with Council members. My Office agrees with those who believe that facilitating a solution for the Tawergha issue will have symbolic importance and resonance in Libya.”
2015-05-12 · UN Security Council · Security Council, S/PV.7441 (2015) · source
“To that end, my Office has encouraged the establishment of an international contact group on justice issues through which material, legal and other support could be provided to Libya. My Office is modestly contributing to those efforts by fostering cooperative efforts between investigative authorities in Libya and other countries. One proposal I submit before the Council is for a willing State with substantial experience in transitional justice to consider partnering with Libya to explore more concretely how such a contact group might be brought to life in the near future. It is crucial for such efforts to include local actors so that their voices and views on achieving justice are amplified and heard.”
2015-05-12 · UN Security Council · Security Council, S/PV.7441 (2015) · source
“Together, we remain committed to bringing fair and impartial justice to Libya's victims. The deteriorating security situation in Libya continues to be a matter of great concern not only for my Office, but for the Council and the broader international community. Innocent civilians continue to bear the brunt of the deteriorating security situation. The frequency and brutality of assassinations, terrorist attacks and threats to media workers and human rights defenders - and in particular against women - are especially troubling. Libya continues to be split, with two Governments vying for legitimacy. The international community must be more proactive in exploring solutions in order to tangibly help Libya restore stability and strengthen accountability for Rome Statute crimes.”
2015-05-12 · UN Security Council · Security Council, S/PV.7441 (2015) · source
“To that end, I extend my sincere gratitude to the United Nations Support Mission in Libya (UNSMIL), in particular its Human Rights, Transitional Justice and Rule of Law Division. The Mission's support for my Office in its ongoing assessment of the admissibility of the Abdullah Al-Senussi case has been essential. In particular, I would like to acknowledge with thanks the notable commitment of the United Nations Special Representative and UNSMIL Head, Mr. Bernardino Leon. My Office looks forward to continuing to work closely with the Mission in the coming weeks and months. Finally, I would like to express my gratitude to the Libyan Prosecutor-General's Office for its ongoing professional engagement in implementing the November 2013 memorandum of understanding between the Government of Libya and my Office.”
2015-05-12 · UN Security Council · Security Council, S/PV.7441 (2015) · source
“Ms. Bensouda: I thank you, Madam President, for this opportunity to once again engage with the Security Council on my Office of the Prosecutor's ninth report on Libya. My Office welcomes the ongoing dialogue with Council members, and in particular with Rome Statute States parties that continue, in ways large and small, to bring justice to the Council's table as a paramount issue. It is those efforts that can tangibly demonstrate that justice and peace are indeed complementary and can go hand-in-hand. My Office supports those efforts as an essential tool for facilitating the work of the International Criminal Court (ICC) in the halls of the United Nations and beyond.”
2015-05-12 · UN Security Council · Security Council, S/PV.7441 (2015) · source
“I appreciate the efforts being made to ensure that the Council produces a substantive response to the eight outstanding communications from the Court. Likewise, I believe that concerted efforts to promote cooperation with the Court may help to fill the gap. In that regard, I call on all States and the Council to find creative ways to support those among them that may be most vulnerable to planned visits by Mr. Omer Al-Bashir or other individuals against whom warrants of arrest have been issued.”
2014-12-12 · UN Security Council · Security Council, S/PV.7337 (2014) · source
“My Office's factual indicators seem to illustrate a similar pattern of indiscriminate and disproportionate attacks against civilians by the Rapid Support Forces. It is worth repeating once again, as has been done many times before, that the Government of the Sudan, as the territorial State, has the primary responsibility and is fully able to implement the Court's warrants of arrest consistent with its sovereign authority. Notwithstanding this clear responsibility, it has consistently failed to do so. At the same time, it has also failed to provide any meaningful measure ofjustice at the national level. I remain open to constructively engage with the Council on the Darfur issue. What is needed is a dramatic shift in the Council's approach to arresting Darfur suspects.”
2014-12-12 · UN Security Council · Security Council, S/PV.7337 (2014) · source
“As the Secretary-General has rightly pointed out, sexual and gender-based violence remains a pervasive feature of the conflict in Darfur, as do attacks on human rights defenders, civil society members and community leaders. These unacceptable attacks are aimed at the foundations of communities and as such are seriously corrosive of any future stability. As such, they must stop. Massive new displacements that have taken place this year have compounded an already fragile situation. Equally concerning is the ongoing pattern of aerial bombardments and armed attacks on civilian populations by militia/Janjaweed, and in particular the ongoing involvement of the newest iteration of the Janjaweed, the Rapid Support Forces led by Mohamed Hamdan.”
2014-12-12 · UN Security Council · Security Council, S/PV.7337 (2014) · source
“It is worth recalling that United Nations reports are an important and unique source of public information that my Office relies on for its activities in most situations, and it is for this reason that any allegation of manipulation and underreporting becomes a matter of concern to my Office. We have taken note of Mr. Omer Al-Bashir's travels during this reporting period, which have been markedly fewer. The question of Mr. Al-Bashir's travels remains a matter before the Council, as does his status as a fugitive from justice. I share the Council's deep concern at the serious deterioration of the security situation in Darfur and its profoundly negative impact on civilians, in particular children and women.”
2014-12-12 · UN Security Council · Security Council, S/PV.7337 (2014) · source
“It is unacceptable that investigations of such sensitive and serious crimes were conducted in a situation in which perpetrators have effective control over their victims in their homes and in their villages, and where investigators can offer no protection to victims after they have left the crime scene. Following my appeal and the Council's support for investigations of allegations of manipulation and underreporting by the African Union-United Nations Hybrid Operation in Darfur, I thank the Secretary- General for taking immediate steps to investigate these allegations and for availing my Office of its executive summary. It is my Office's hope that the Secretary- General and the Council will take appropriate measures to address the issues identified in the report and to effectively implement its recommendations.”
2014-12-12 · UN Security Council · Security Council, S/PV.7337 (2014) · source
“It is disturbing - and, indeed, it should be a matter of great concern to the Council - that even as my Office and the international community intensify efforts to end the scourge of sexual and gender-based crimes, the Government of the Sudan has denied full access to Thabit, thus frustrating full and transparent investigations into serious allegations of sexual and gender-based crimes. The Council must demonstrate its strong condemnation of the failure of the Government of the Sudan to facilitate access to Thabit and should demand unimpeded full investigations of these crimes without delay.”
2014-12-12 · UN Security Council · Security Council, S/PV.7337 (2014) · source
“Faced with an environment where my Office's limited resources for investigations are already overstretched, and given the Council's lack of foresight on what should happen in Darfur, I am left with no choice but to put investigative activities in Darfur on hold as I shift resources to other urgent cases, especially those where trial is approaching. It should thus be clear to the Council that unless there is a change of attitude and approach to Darfur in the near future, there will continue to be little or nothing to report to it for the foreseeable future. The question for the Council to answer is what meaningful purpose my reporting was intended to serve and whether that purpose is being achieved. The recent allegations ofrape of approximately 200 women and girls in Thabit should shock the Council into action.”
2014-12-12 · UN Security Council · Security Council, S/PV.7337 (2014) · source