YouSaid · the spoken record

Elhouderi

lines on the record: 89
first: 1992-03-31
most recent: 1994-03-01
sittings or episodes: 3
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 only point that remains outstanding is the problem that arose from the demand by the United States of America and the United Kingdom that the two alleged suspects be extradited. This is a problem that remains unsolved because of a legal wrangle over which country has the competence in law to try the two persons accused of involvement in the bombing of Pan Am flight 103 over Lockerbie, Scotland. Essentially, this is a question that is definitively settled by the provisions of the Montreal 1971 Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation. The Libyan Arab Jamahiriya, the United States and the United Kingdom are all parties to that Convention, which, from the start, stipulates jurisdiction regarding the trial of the accused to the Libyan Arab Jamahiriya.”
1993-11-11 · UN Security Council · Security Council, S/PV.3312 (1993) · source
“The Security Council meets today not to consider a matter that threatens international peace and security but to consider a draft resolution that seeks the intensification of the sanctions which have been imposed on the Libyan Arab Jamahiriya by the Council's resolution 748 (1992). Prior to this meeting, the Council had automatically renewed those sanctions four times over a period of 15 months. So, why intensify the sanctions now? The pretext which the three countries have repeated ad infinitum is the allegation that the Libyan Arab Jamahiriya has not complied with Security Council resolution 731 (1992). However, the truth of the matter is that the Libyan Arab Jamahiriya has fully responded to Security Council resolution 731 (1992).”
1993-11-11 · UN Security Council · Security Council, S/PV.3312 (1993) · source
“Mr. ELHOUDERI (Libyan Arab Jamahiriya) (interpretation from Arabic): I congratulate you on your assumption of the presidency of the Security Council this month and commend the efforts made by your predecessor. I do hope that the Security Council will be able to really and truly discharge its functions in line with the purposes and principles of the United Nations Charter, and to conduct itself in a manner that is compatible with the law and the public interest of the international community. I do hope that bias and special interests will not be given the upper hand and that the Council will steer clear of selectivity and double standard.”
1993-11-11 · UN Security Council · Security Council, S/PV.3312 (1993) · source
“Such acts would make of the United Nations an instrument exploited by certain States to achieve their own objectives and aims; this would threaten the very foundations of the Organization, and would make it meet the same fate as that of the League of Nations. We hope that that will not happen again.”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“For our part, we still hope that the Security Council will act in accordance with the will of all States Members of the United Nations in a manner ensuring respect for the principles of the Charter and the principles of international law, a manner which would strengthen international peace and security and promote the principle of justice and fairness, a principle the application of which my country has repeatedly called for. We also hope that the Security Council will not take any measures which will adversely affect the credibility of the United Nations as an international instrument for the promotion of peace and cooperation.”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“Is not the objective to carry out another act of vengeance against Libya? The Security Council has participated in solving many international disputes. It has put an end to tension in many regions of the world in a manner satisfactory to all parties concerned, and one ensuring the correct implementation of the Charter of the United Nations. In this period of the Security Council's history, there are two clear choices: either respect for the Charter in the implementation of international law, a respect for moral principles, or the other choice, which is to legitimize unjust measures which France, the United States and Britain see as the beginning of further, subsequent measures such as the imposition of an economic siege and military aggression against a small country which is working to build itself and to develop.”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“Operative paragraph 2 contains unspecified demands: we do not know what criterion leads this Security Council claim that Libya must commit itself definitively to cease all acts of aggression in which they allege my country to be implicated. We do not know when the Security Council will decide that the Jamahiriya has abided by the provisions of operative paragraphs 1 and 2 of the draft resolution so that the sanctions imposed under it may be lifted according to its terms. However, we also know that the other parties in the dispute enjoy permanent membership in the Security Council; they have the right of veto over all draft resolutions. We therefore would wonder why such haste in operative paragraph 37 Why the withdrawal of all activities and offices of foreign airlines in Libya in a period of merely days?”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“Article 40 calls upon the Security Council, before making the recommendations or deciding upon the measures provided for in Article 39, to call upon the parties to a dispute to comply with such provisional measures as it deems necessary or desirable; the Security Council must take account of whether the parties to the dispute do or do not take such provisional measures. However, none of the above has taken place, and the sponsors of the draft resolution jumped directly to the following Article, thus totally ignoring Articles 39 and 40. The draft resolution before the Council purposely has a reference to Sanctions. Operative paragraph 1 is a clear expression of a threat of further sanctions to take effect if Libya does not immediately respond to the provisons of resolution 731 (1992).”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“Libya, which is being threatened, should invoke Chapter VII, and not the United States, Britain or France, which have invoked it merely because two people, who have yet to be proven guilty, have been indicted. The sponsors of the draft resolution and the measures based on Chapter VII included in it have jumped directly to Article 41, because Article 39 calls on the Security Council to determine the existence of any threat to the peace, breach of the peace, or act of aggression, and to make recommendations or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“It shows that the Security Council has bent to the requests of three States and moved directly to the implementation of Chapter VII of the Charter, which relates to action with respect to threats to the peace, breaches of the peace, and acts of aggression. That is not the case in the situation now before the Security Council. The matter is a legal dispute concerning who should investigate the accused and who should put them on trial. That is the crux of the matter. Therefore, brandishing Chapter VII and the draft resolution is the greatest act of fraud perpetrated against the Charter of the United Nations. It is an insult to the intelligence of the international community. It is a flagrant act of forgery. Chapter VII deais with threats to international peace and acts of aggression.”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“Law and objectivity are being set aside in favour of selfish personal criteria. Such acts will also undermine the bases of international law and open the door to chaos, with a particular threat to the future of smaller States. In accordance with Chapter VI of the United Nations Charter, and particularly paragraphs 2 and 3 of Article 36, the Security Council should take into consideration any procedures for the settlement of the dispute which have already been adopted by the parties. The Security Council should also take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice. What is taking place now clearly shows that the Security Council did not take these factors into consideration.”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“This conclusion clearly shows that there has been an evolution that could lead to a satisfactory solution to the dispute. On that basis, we had expected the Security Council to take this evolution into account. We had hoped to encourage the Secretary-General in his efforts to implement resolution 731 (1992). Instead, we have found measures leading in the opposite direction. What we find today in the draft resolution before the Council is an example of the abuse of the Security Council by some permanent members through the imposition of resolutions that not only run counter to international legitimacy but also are in flagrant violation of that legitimacy. This could lead to a situation in wich the very principles and objectives of the United Nations are threatened. These are dangers the consequences of which cannot be predicted.”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“As far as the extradition of Libyan nationals is concerned, our national laws would reject any such action. Libya is not alone in this. It is a normative rule of international law. However, my country has none the less attempted to find a solution that would maintain its sovereignty and not breach its laws. As far as the other demands are concerned, my country has fully responded to those demands in a manner respecting the norms of international law. We have shown our readiness to cooperate further, as clearly pointed out by the Secretary-General in his second report to the Security Council in document §/23672, He states in paragraph 6 of that report that: "there has been a certain evolution in the position of the Libyan authorities".”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“We have put forward many proposals, of which the Secretary-General has been apprised through his Personal Envoy or through letters communicated to him. The Jamahiriya, proceeding from principled and firm positions, has affirmed on many occasions its condemnation of international terrorism and its rejection of any form of violence threatening the lives of innocent people or endangering their security and safety. Furthermore, Libya has declared its support for the international community in any measures it takes to fight international terrorism. We have affirmed that we seek to participate effectively in any effort aimed at achieving this objective. All of this leads me to state that it is incorrect to claim that the Libyan authorities have not fully and effectively responded to the demands contained in resolution 731 (1992).”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“The primary objective of the United Nations and the Security Council as laid down in Article 1 of the Charter is to act by peaceful means in conformity with the principles of justice and international law in order to settle international disputes which might lead to a breach of the peace, Proceeding from that principle and as a commitment to it, Libya has expressed its full willingness to find a peaceful and just solution to the dispute. We have reaffirmed our readiness to cooperate with the Secretary-General of the United Nations towards the success of the mission entrusted to him in Security Council resolution 731 (1992) in a manner promoting respect for the Charter of the United Nations and in conformity with the provisions of international law.”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“We fear that this rejection of all initiatives and the attempts to smear my country's reputation and to lead international public opinion astray are but paving the way to another act of aggression against peaceful Libyan cities, such as that which took place in 1986, in which hundreds of innocent civilians perished. This very morning, the Western media are claiming that Libya has prevented foreign nationals from leaving the country. This has been strongly denied by my country. It is a truly baseless allegation. I do not wish to list here all the many statements made by officials in the British and American Governments on this subject. I would just mention one statement made by the United States President on 19 November 1991. He said that the United States was seeking possible responses beyond bringing the accused to trial.”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“Does this mean that the United States of America prefers to use the most useful instrument rather than the one most directly concerned? And why such haste? Why do the other parties refuse to await the opinion of the International Court of Justice on the question? Why are they exerting pressure on the Security Council to consider the question at the same time as the Court is considering it? The surprising fact is that the United States of America has declared in advance its rejection of any ruling of the International Court of Justice that would not in its favour. Here, we would recall its position in its dispute with Nicaragua, in which the United States rejected the Court's opinion of 26 November 1984, in violation of Article 94 of the Charter.”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“In the light of all that, why do we have this continuing rejection of all international appeals calling for flexibility and restraint? Why has there been a rejection of any cooperation with the Libyan judiciary? Why has there been a refusal to furnish the evidence on which the two accused persons have been indicted? Why is there a refusal to participate in the ongoing investigation or in some neutral international investigation? And in addition to those questions, we would add the following: Why is it claimed that this incident does not come under the jursidiction of the International Court of Justice, even though the United States itself has in 7 earlier cases concerning attacks against American aircraft petitioned the International Court and not the Security Council?”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“Here, we would mention the resolution adopted by the Foreign Ministers of the League of Arab States following their extraordinary session on 22 March of this year, in which they urged the Security Council to avoid the adoption of any decision to take economic, military or diplomatic measures against Libya, to await a decision by the International Court of Justice and to allow the committee established by the Council - consisting of six ministers and the Secretary-General of the League - to undertake the necessary urgent contacts with the parties concerned, the President of the Security Council, the States members of the Security Council and the Secretary-General of the United Nations to find a solution to the crisis.”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“The impasse has been created by the other parties, which have rejected all initiatives designed to bring about a fair and neutral investigation. Those parties want to abort any international or regional efforts in that framework. How else can we interpret the automatic rejection of all the initiatives Libya has taken to find a solution and of all the proposals made by many international organizations, including legal and regional organizations?”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“The People's Congresses wield the power in the country, and they are the bodies that must take the appropriate decisions. Libya's desire to deal with the matter in keeping with established conventions and norms explains its decision, which is in accordance with article 14 of the 1971 Montreal Convention, to submit the dispute to the International Court of Justice. Our goal is not, as some have claimed, to prevaricate or to gain time. The decision is in implementation of the text of the aforementioned article, which allows the Jamahiriya to seek a legal way in which it can cooperate fully. All I have said clearly shows that the impasse in finding a solution to the problem has not been created by any lack of cooperation on the part of the Libyan authorities.”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“In addition, Libya has expressed its readiness to cooperate in putting an end to all acts of terrorism against innocent civilians and has stated that it will not allow its territory or citizens or institutions to be used in any manner whatsoever for the perpetration of acts of terrorism, either directly or indirectly, and that it is prepared to apply the severest sanctions against all persons implicated in such acts. After all I have said, can anyone really maintain that Libya has not cooperated? My country has cooperated. It has expressed its readiness to cooperate to the utmost within full respect for its internal laws and international law and agreed international norms. 'The Jamahiriya has always wanted to solve the matter in a way that does not contravene its domestic legislation.”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“It has denied its purported implication in any act of terrorism and has expressed its readiness to have the United Nations Secretary-General or his deputy engage in fact-finding activities within the Jamahiriya in order to disprove - or confirm - such allegations. Libya will abide by its commitment to furnish all facilities and information required by the Secretary-General or his deputy to discover the truth, and it has clearly stated its opinion that there is a need to draft a convention, bilateral or multilateral, setting forth ways and means of eradicating international terrorism.”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“If the Secretary~General were then to confirm the seriousness of the accusations, the Jamahiriya would not object to surrendering the two accused persons under his personal supervision to a third party, as long as the Secretary-General would furnish full legal and judicial guarantees of the need to hold a fair and objective trial based on the Declaration of Human Rights and the principles of international law. Secondly, we agree with the French request and with the French proposal to send a judge to Libya to investigate the matter as he may see fit, and we agree to provide the French judge with copies of the minutes of the investigation undertaken by the Libyan judge. Thirdly, in addition to the foregoing the Jamahiriya reaffirms its strong condemnation of terrorism in all its forms, regardless of the source.”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“In that connection Libya made the following statements: First, the Jamahiriya has no objection to the principle of surrendering the two suspects to the headquarters of the United Nations Mission in Tripoli to facilitate investigations, and it has no objection to the Secretary-General's undertaking to set up a legal committee made up of objective, neutral judges to carry out fact-finding activities and to verify the seriousness of the accusations made against our two citizens, including a comprehensive investigation.”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“In this connection Libya suggested that a mechanism be created for the implementation of resolution 731 (1992) and invited the Secretary-General to create such a mechanism or to call upon the parties concerned to enter into discussions aimed at reaching an agreement on the setting up of the mechanism in accordance with the spirit of the resolution. Notwithstanding all the difficulties and legal obstacles created both by Libyan national legislation and international conventions, the principle of national sovereignty and the Charter of the United Nations - and we believe that resolution 731 (1992) runs counter to the Charter - the Libyan Arab Jamahiriya renewed its expression of readiness to cooperate with the Secretary-General in facilitating the task entrusted to him in operative paragraph 4 of that resolution.”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“In this context, the Libyan authorities requested the Secretary-General either to take the initiative of setting up a mechanism for the implementation of 'that aspect of the resolution or ask France and Libya to negotiate such a mechanism among themselves. Secondly, as concerns Security Council resolution 731 (1992) as a whole, Libya has reaffirmed its readiness to cooperate fully with the Council and the Secretary-General in a way that would not infringe upon its State sovereignty nor violate the United Nations Charter and the principles of international law.”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“Furthermore, the Jamahiriya suggested that the Secretary-General should invite judges from the United States of America, the United Kingdom and France to visit Libya, as well as representatives of the League of Arab States, the Organization of African Unity and the Organization of the Islamic Conference, in order to observe the trial - should Libyan judges decide on such a trial - of the two Libyan citizens. In order to demonstrate further cooperation and good will, Libya informed the Secretary-General of other measures it had taken. First, Libya had decided to accept the French demands, because they were in line with international law and did not jeopardize Libyan sovereignty.”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“Although Libya realizes the circumstances of the adoption of resolution 731 (1992) and the confusion surrounding it, the very day following its adoption the Jamahiriya expressed its readiness to cooperate with the Secretary-General of the United Nations to ensure the success of his mission, with respect for the United Nations Charter and international law. On the basis of those facts the relevant Libyan authorities assured the Secretary-General's Special Envoy, who visited the Jamahiriya on 25 January this year, that that was its position. He was also informed of the measures taken by the Libyan Arab Jamahiriya, including the request to the Governments of the United States of America and the United Kingdom to provide the Libyan judiciary with the information at their disposal.”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“Here I would mention the International Progress Organization, which expressed its opinion in document S/23641. It has been said that the Security Council decided to reconsider this question because the Libyan authorities @id not cooperate in implementing resolution 731 (1992). Whatever pretexts are invoked to justify this position, we wish to reaffirm that the Socialist People's Libyan Arah Jamahiriya has always abided by United Nations resolutions. We have always wanted to implement those resolutions, including Security Council resolutions.”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“On top of all that, the procedure followed by the Council in adopting resolution 731 (1992) did not take into account the correct implementation of paragraph 3 of Article 27 of the Charter, which says that in the case of decisions adopted under Chapter VI a party to a dispute shall abstain from voting. That is applicable to France, Britain and the United States of America. Those facts concerning the basis of resolution 731 (1992) and the procedures followed in its adoption are not put forward merely as the Libyan point of view. Rather, they represent the Opinions of professors, other thinkers and legal experts. They are an expression of the opinion of international organizations, one of which has consultative status at the United Nations.”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“Articie 36 of the Charter states: "In making recommendations under this Article the Security Council should also take into consideration that legal disputes should as a general rule be referred by the parties to the International Court of Justice in accordance with the provisions of the Statute of the Court." We had hoped that in reviewing this legal question the Security Council would act in that way. However, the Council took another direction and adopted resolution 731 (1992). Not only is that resolution based on incomplete investigations, but there is no justification for it. It makes no mention of the Libyan point of view, which we had expressed. Moreover, it ignores the provisions of Article 33 of the Charter concerning the settlement of disputes between Member States by peaceful means.”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“The United Kingdom and the United States of America responded to this just and legal act with more than rejection; both parties made a request for the extradition of the two Libyan citizens to stand trial on their territory, before the investigation was complete, and indeed before the two accused were faced with the accusations made against them. That is a clear violation of the most basic principles of judicial procedures. There can be no accusation without investigation and sufficient evidence, and the accused is innocent until proved guilty. There can be no sanction without trial.”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“The Foreign Ministers of the United States of America and the United Kingdom have been informed of that in official communications. In brief, those are the measures my country has taken since the beginning of the dispute and just before the adoption of resolution 731 (1992). As we said at the previous meeting, that was not for any political reasons. This legal issue was dealt with in accordance with current Libyan legislation, international law and accepted international norms. What was the response of the other parties to this just and legal position? Indeed, what was the Security Council's response?”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“We have also asked for all the evidence, all the documents, to help us in our investigations. The relevant authorities in my country have expressed their readiness to receive investigators to participate in the investigations and have welcomed civil rights and human rights lawyers. In addition, despite all considerations respecting Libya's national jurisdiction, the relevant authorities in my country have said that they would welcome a neutral investigating committee or putting the matter before the International Court of Justice. Although the dispute is of a purely legal nature, and therefore should be solved by legal means in accordance with the relevant international conventions, my country, on the basis of the 1971 Montreal Convention, has taken concrete, practical measures and has requested arbitration on the dispute.”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“While it would be repetitious to go over those measures again, my delegation believes it would be useful now not merely to recall them but also to demonstrate the extent to which Libyan authorities have cooperated and how much they want completely to uncover all the facts relating to these criminal acts. In that context, I repeat before the Council that when my country received the documents of indictment its competent judicial authorities began to act. Two judges were appointed and began work imnmediately; they undertook an initial investigation and an order was issued to hold the two accused in initial custody. Furthermore, my country has expressed its readiness to cooperate with the judicial authorities in the States concerned; we have expressed our readiness to cooperate with all the parties concerned in their investigations.”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“Even the evidence on the basis of which a court might convict or acquit the accused is incomplete: parties have not cooperated with the judicial authorities in Libya, having refused to turn over the files on the case and the evidence in their possession. The situation is very similar to the way in which the Security Council has considered this matter from the very beginning: today's meeting is taking place under the same circumstances and with the same motivations. Last January before the Council, the delegation of the Socialist People's Libyan Arab Jamahiriya reviewed what Libya has done in the face of United States, British and French allegations.”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“It is occurring without awaiting the final word on the subject from neutral and objective jurisdiction. The Security Council's decision to consider the item again two months after the last time it did so implies that all aspects of the question have been exhaustively considered, that the two Libyan citizens have been convicted by a just and objective court, that it has been clearly and unequivocally proven that the two accused are linked to the Libyan State, that the Libyan State is responsible for their acts and that it is now the task of the Security Council to carry out the sentence, But the facts are different.”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source
“Mr. ELHOUDERI (Libyan Arab Jamahiriya) (interpretation from Arabic): At the outset, Sir, permit me on behalf of my delegation to congratulate you on your assumption of the presidency of the Security Council for this month. We are confident that the skill and expertise to which you have accustomed us will contribute to the success of the Security Council's work in a manner that will achieve justice and maintain the principles and purposes for which the United Nations was created. Today the Security Council is once again considering the 1988 crash of a Pan American aircraft and the 1989 crash of a UTA aircraft, along with the accusation that two Libyan nationals caused the destruction of those aircraft. This is occuring without taking into consideration the framework in which the issue should be examined: the legal framework.”
1992-03-31 · UN Security Council · Security Council, S/PV.3063 (1992) · source