YouSaid · the spoken record

Fatou Bensouda

lines on the record: 90
first: 2020-05-05
most recent: 2021-05-17
sittings or episodes: 5
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

“At the same time, unfortunately, the Office has faced challenges when the machination of politics has attempted to interfere with the course of justice. Ultimately, wisdom and common values have merged to counter and reverse some of these trends, and for that my Office is equally grateful. The Court’s important work must be allowed to be done unimpeded. We must continue, all of us, to defend this institution, which was built for the sake of present and future generations, and work together towards greater accountability for atrocity crimes and the advancement of the international rule of law and the peaceful settlement of disputes — so central to the founding principles of the United Nations. My Office will continue to deliver its mandate independently and impartially in Libya, as it does in all situations where it has jurisdiction.”
2021-05-17 · UN Security Council · Security Council, S/2021/483 (2021) · source
“My Office has continued to secure cooperation from several States and international and regional organizations, as well as to extend and enhance its existing network of cooperation to achieve meaningful progress in its ongoing investigations. In particular, relations with the European Union Agency for Law Enforcement Cooperation on matters of mutual interest have been enhanced. Fruitful engagements with the Panel of Experts on Libya, as well as the independent fact-finding mission on Libya, have also greatly facilitated the sharing of knowledge and expertise. Let me conclude with a final reflection. During my mandate I have seen commendable support for the work of my Office and great cooperation from many States and other stakeholders. I would like to take this opportunity to express my sincere appreciation for that support.”
2021-05-17 · UN Security Council · Security Council, S/2021/483 (2021) · source
“My Office therefore calls upon the Government of National Unity to take all possible action to secure his arrest and surrender. I also repeat the calls addressed by my Office directly to Mr. Al-Qadhafi to immediately surrender himself to the competent Libyan authorities for his transfer to the Court to face trial. Defendants benefit from all due process guarantees at the ICC. Justice delayed is justice denied. ICC warrants of arrest must be executed in a timely fashion. My Office equally notes the decrease in the number of reported crimes under the Court’s jurisdiction since the ceasefire and the inauguration of the new Government. It is nevertheless a matter of concern that many serious crimes, in particular those targeting civilians, have gone unpunished.”
2021-05-17 · UN Security Council · Security Council, S/2021/483 (2021) · source
“The same lack of cooperation is evident with regard to the surrender of Mr. Al-Tuhamy by the Egyptian authorities. I call on the Libyan and the Egyptian authorities to promptly investigate those reported deaths and to provide the relevant information to the Court. While the deaths of those suspects, if confirmed, will not stop the ongoing investigation of the situation in Libya, they constitute a tragic example of suspected perpetrators escaping accountability for the most serious crimes of concern to the international community. I must recall that the warrant of arrest for Mr. Saif Al-Islam Al-Qadhafi remains unexecuted. I reiterate that Mr. Al-Qadhafi remains a wilful fugitive from justice. I stress that Libya remains under the legal obligation to arrest and surrender him to the Court.”
2021-05-17 · UN Security Council · Security Council, S/2021/483 (2021) · source
“Al-Tuhamy Mohamed Khaled, allegedly responsible for the perpetration of serious crimes, including torture, also reportedly died in Cairo, the Arab Republic of Egypt. I regret that the victims of the crimes allegedly committed by Mr. Al-Werfalli and Mr. Al-Tuhamy and their families have been denied justice and closure through the Court’s fair, independent and impartial judicial proceedings. Much work and resources have gone into the preparation of those cases, and now uncertainty remains. All that could have been prevented had the suspects been duly arrested and transferred to the custody of the Court. The unwillingness of those in power in eastern Libya to transfer Mr. Al- Werfalli to the Court or to genuinely investigate and prosecute him has contributed to a climate of impunity.”
2021-05-17 · UN Security Council · Security Council, S/2021/483 (2021) · source
“Justice for victims and affected communities in Libya cannot be effectively achieved without our collective efforts towards the timely arrest and surrender of those against whom warrants of arrest have been issued by the Court. There has been no tangible progress in securing the execution of any of those warrants. That is an obligation that falls mainly to States. Over the years of my reporting to the Council I have lamented the fact that individuals against whom warrants of arrest have been issued remain at large. One of those individuals was Mr. Mahmoud Mustafa Busayf Al-Werfalli, who, as a commander of the Al-Saiqa Brigade, was alleged to have executed 43 civilians, as specified in two arrest warrants. Credible reports indicate that he was killed in Benghazi on the 24 March earlier this year. In addition, Mr.”
2021-05-17 · UN Security Council · Security Council, S/2021/483 (2021) · source
“The recent reports about another shipwreck in the last week of April, leading to the death of more than 100 migrants, as well as reports about the ongoing abuse and exploitation of migrants, underline the urgent need for the national authorities, partners and agencies to intensify their efforts to prevent further tragedies and crimes. Let me reiterate and emphasize that the failure to execute the ICC warrants remains a major stumbling block, preventing my Office from seeking effective justice for the victims of atrocity crimes committed in Libya. Recently, according to credible reports, two ICC suspects subject to warrants of arrest for crimes committed in Libya died and will never face justice at the Court.”
2021-05-17 · UN Security Council · Security Council, S/2021/483 (2021) · source
“Regarding the ongoing victimization of migrants in Libya, my Office has concretely enhanced cooperation, coordination and the exchange of information and expertise with the national authorities and the European Union Agency for Law Enforcement Cooperation under the Office’s strategic goal 6 to advance our respective work and investigations. I call on partners to intensify their efforts in that regard with the aim of strengthening our collective efforts in addressing impunity for serious crimes against migrants in Libya.”
2021-05-17 · UN Security Council · Security Council, S/2021/483 (2021) · source
“I must emphasize that crimes committed by mercenaries and foreign fighters on Libyan territory may fall under the jurisdiction of the Court, no matter the nationality of the persons involved. I encourage the Council and all States Members of the United Nations to once again convey a clear and firm message to leaders and commanders, be they military or civilian, and all parties and armed groups involved in the Libya conflict that the rules of international humanitarian law must be respected and that those who defy such rules will be held individually responsible.”
2021-05-17 · UN Security Council · Security Council, S/2021/483 (2021) · source
“Hanaan Al-Barassi in Benghazi in November of last year. My Office condemns such crimes in the strongest possible terms and calls upon the civil and military authorities in Libya to duly investigate and prosecute the persons responsible for those crimes. My Office reiterates its call to the Libyan authorities to fully investigate the disappearance of Ms. Siham Sergewa, an elected member of the House of Representatives, who has been missing since her abduction in Benghazi on 17 July 2019. In addition, my Office has received concerning information about the activities of mercenaries and foreign fighters in Libya. That information is consistent with the findings of reports of the UNSMIL Panel of Experts on Libya. My Office fully supports the call for those armed groups and individuals to leave Libya without delay.”
2021-05-17 · UN Security Council · Security Council, S/2021/483 (2021) · source
“I reiterate the critical importance for international observers and investigators to be given full access to all detention facilities in Libya and to receive full cooperation in that regard. I urge the Government of National Unity to take urgent steps to put an end to the crimes committed in detention centres and to fully investigate allegations of arbitrary detention, torture, confiscation of property, rape and other forms of sexual violence, including in prisons and detention facilities. My Office has also been following reports of the targeting of civilians who dare to voice opposition to the actions of militias in the east and the west of Libya. The violent silencing of public critics as a method to terrorize the civilian population reached another low point with the despicable murder of the human rights lawyer Ms.”
2021-05-17 · UN Security Council · Security Council, S/2021/483 (2021) · source
“The scale of those alleged crimes is large. UNSMIL reports that more than 8,850 individuals are arbitrarily detained at 28 official prisons in Libya in judicial police custody, with an estimated 60 to 70 per cent in pretrial detention. An additional 10,000 individuals are detained in other detention facilities run by militias and armed groups, including about 480 women and 63 juveniles and children. I urge all parties to the conflict in Libya to immediately put an end to the use of detention facilities to mistreat and commit crimes against civilians and persons hors de combat. International law and the Rome Statute prohibit the use of detention facilities in that manner.”
2021-05-17 · UN Security Council · Security Council, S/2021/483 (2021) · source
“In particular, my Office received information on the Mitiga prison, controlled by the Special Deterrence Force, and the Gernada and Al-Kuweifiya detention facilities, controlled by the militia known as the Libyan Arab Armed Forces, previously called the Libyan National Army, and its associated forces. Those crimes, which include widespread torture, sexual violence, inhumane treatment and arbitrary detention, have been reported for years but, regrettably, to date the perpetrators have not been held accountable. Further credible reports detail the summary conviction and sentencing of civilians to long prison sentences, including the handing down of the death penalty by military courts in eastern Libya following secret trials devoid of fair trial guarantees. My Office has received documents and other materials supporting those reports.”
2021-05-17 · UN Security Council · Security Council, S/2021/483 (2021) · source
“Ján Kubiš as Special Envoy of the Secretary- General and Head of UNSMIL and looks forward to the continued cooperative relationship that we enjoyed under the able stewardship of Ms. Stephanie Williams, to whom we express our sincere gratitude. Effective justice cannot be achieved without joint efforts and good cooperation with the national authorities and key partners, such as UNSMIL. My Office remains active in its close monitoring of the situation in Libya. We continue to receive concerning information about ongoing crimes, ranging from disappearances and arbitrary detention to murder, torture and sexual and gender- based violence. We have collected credible information and evidence regarding serious crimes allegedly committed in official and unofficial detention facilities in Libya.”
2021-05-17 · UN Security Council · Security Council, S/2021/483 (2021) · source
“My Office has been impressed with the commendable hard work of all actors in their efforts to preserve relevant evidence of the alleged crimes, working together with the Government of National Accord. As the Office continues and intensifies its investigative activities in Libya, it looks forward to building on the existing rapport and relations towards strengthening a fruitful and collaborative spirit of engagement with the Government of National Unity. In that regard, I would be remiss if I did not express my gratitude for the excellent cooperation and support that my Office has received, and continues to receive, from the United Nations Support Mission in Libya (UNSMIL). My Office welcomes the appointment of Mr.”
2021-05-17 · UN Security Council · Security Council, S/2021/483 (2021) · source
“The team met with prosecutorial, investigative and forensic agencies involved in the investigation of such crimes, as well as with external partners who are undertaking related technical and judicial activities. In addition, the team met survivors and family members of the young men who were injured or killed during the air strike on the Al-Hadba Military College in Tripoli on 4 January 2020, as well as displaced persons from Benghazi and numerous victims of the crimes committed in Tarhouna. All those positive engagements have enhanced my Office’s ongoing efforts to strengthen cooperation with the relevant national authorities and partners on the ground, thereby opening much-needed opportunities for the preservation and the collection of evidence for future prosecutions.”
2021-05-17 · UN Security Council · Security Council, S/2021/483 (2021) · source
“In particular, my Libya team has continued to constructively engage with the relevant Libyan national authorities following the discovery of multiple mass graves in the city of Tarhouna. That engagement has resulted in fruitful exchanges, in particular with the Prosecutor-General’s Office, the Office of the Military Prosecutor, the Criminal Investigation Department, the Ministry of Defence and several forensic agencies regarding the status of national investigations, complementarity and cooperation. The team also visited crime scenes in Tarhouna, including a site where more than 100 bodies had been recovered from graves that were discovered in June of this year.”
2021-05-17 · UN Security Council · Security Council, S/2021/483 (2021) · source
“Even in the midst of serious financial constraints, the situation in Libya remains one of my Office’s active investigations, and it will continue to be a priority and receive the attention that it requires to advance it further. My Office will continue to make every effort to make substantial progress on that situation. I wish to emphasize the importance of ensuring that my Office receives adequate resources to continue to advance that crucial work. We will be making submissions in that regard as part of the Office’s 2022 proposed budget. During the reporting period, members of my Office travelled to Libya, interviewed witnesses and received essential documents and materials from various sources, including individuals, non-governmental organizations and representatives of victims’ organizations within and outside Libya.”
2021-05-17 · UN Security Council · Security Council, S/2021/483 (2021) · source
“The recent inauguration of a new interim Government of National Unity is another commendable milestone, which I welcome. Lasting peace and stability remain crucial pillars of development and the protection of human rights in Libya. Much hope rests on the Government of National Unity to work in an efficient and inclusive manner to address the violence and political turmoil that has engulfed the country and to secure peace and stability in Libya. There can be no lasting peace without accountability and justice and, in that regard, I reiterate my Office’s firm commitment to working in collaboration with the Government of National Unity to ensure accountability for the serious crimes alleged to have been committed in Libya that fall under the jurisdiction of the International Criminal Court (ICC).”
2021-05-17 · UN Security Council · Security Council, S/2021/483 (2021) · source
“President, every success in steering the crucial work of the Council in the pursuit of international peace and security and the protection of human rights and accountability for atrocity crimes in that context. I also take this opportunity to congratulate the new members of the Council who assumed their important function as of January of this year. On 23 October 2020, we witnessed the signing of the historic ceasefire agreement by Libyan parties in Geneva under the auspices of the United Nations. On the occasion of my most recent briefing to the Council (see S/2021/1108), I welcomed that development and urged all parties to continue their efforts to bring about peace and stability for the benefit of the people of Libya, who have endured so much.”
2021-05-17 · UN Security Council · Security Council, S/2021/483 (2021) · source
“It is a pleasure to once again engage with the Security Council, albeit virtually due to the prevailing coronavirus disease pandemic. This briefing is my last before the Council on the Libya situation before the end of my mandate on 15 June. I would have preferred to be present in person but the pandemic has forced us all to adapt and to find new ways of continuing our work. In response to these challenging times, my Office has also had to adopt new strategies and to demonstrate resilience, allowing nothing to detract us from our full commitment to our mandate under the Rome Statute. Let me congratulate the People’s Republic of China on assuming the presidency of the Security Council for the month of May. I wish you, Mr.”
2021-05-17 · UN Security Council · Security Council, S/2021/483 (2021) · source
“Those promising developments also convey a clear message — the politics that aims to undermine the progressive movement towards greater accountability for atrocity crimes has a limited shelf life, because it goes against the currents of modern history and the quest and need of humankind for a more just world.”
2020-12-10 · UN Security Council · Security Council, S/2020/1192 (2020) · source
“My next report on the Darfur situation will be submitted in June 2021. It will be my last report to the Council as Prosecutor of the ICC. In that final report, I hope to be in a position to brief the Council on the activities that my Office has conducted on the ground in Darfur. Before then, I also hope to visit Darfur in order to engage with victims and pay personal tribute to the courage, resilience and patience they have demonstrated since the Council’s referral first ignited their hopes for justice 15 years ago. Access to justice is what the victims expect, and it is what the Sudan, with the support of the Council, must immediately facilitate. The developments in the Sudan give renewed hope for justice and accountability in Darfur. Those hopes must not be dashed.”
2020-12-10 · UN Security Council · Security Council, S/2020/1192 (2020) · source
“Despite the many challenges faced by my Office in the course of its work, we remain undeterred by any obstacles to the pursuit of justice for victims in the Darfur situation, including political interference. My recent mission to Khartoum and related high-level meetings represent a turning point in the Office’s formal relationship with the Government of the Sudan. During those meetings, a number of officials at the highest level assured me that the Sudan’s commitment to justice in Darfur was genuine and that the presence of my delegation in Khartoum was a demonstration of that. I do not doubt the sincerity of those words, but they must now be matched with concrete action, starting with unimpeded access for my investigators to witnesses, crime scenes and other evidence in Darfur.”
2020-12-10 · UN Security Council · Security Council, S/2020/1192 (2020) · source
“The support and cooperation of all States in the implementation of resolution 1593 (2005) is essential for the success of my Office’s investigations, particularly in the case against Mr. Abd-Al-Rahman. The progress my Office has been able to make to date, despite the significant challenges we face, would not have been possible without the principled cooperation of a number of States, including some of those who sit on the Council. Allow me to express my sincere gratitude for that unwavering support. I must also express my heartfelt thanks and respect to the inspirational witnesses, victims and other individuals and organizations who continue to do everything in their power to pursue justice and accountability for crimes in Darfur.”
2020-12-10 · UN Security Council · Security Council, S/2020/1192 (2020) · source
“While fully respecting the principle of complementarity, we must ensure that all the ICC suspects are brought to justice through fair, objective and independent proceedings — either before the Court or in Sudanese courts — and guided by the requirements of the Rome Statute. The Council can play a decisive role in expediting that process and ensuring the Sudan’s full, prompt and tangible cooperation with the ICC, consistent with its international obligations. The victims of atrocity crimes in Darfur deserve to finally see real progress in the pursuit of justice. I would like to acknowledge and express appreciation for the productive cooperation between my Office and other States in Africa, Europe and beyond in relation to our investigative activities on the Darfur situation.”
2020-12-10 · UN Security Council · Security Council, S/2020/1192 (2020) · source
“Allow me to also take this opportunity to stress that the outstanding ICC arrest warrants against Mr. Omar Al-Bashir, Mr. Ahmad Harun, Mr. Abdel Raheem Muhammad Hussein and Mr. Abdallah Banda Abakaer Nourain remain in full force. To date, my Office has not received any official confirmation by the competent authorities of the Sudan on what actions they intend to take in relation to the remaining ICC suspects, who, with the exception of Mr. Banda, are reportedly in their custody. I take this opportunity to appeal to the Council and, through it, to the authorities of the Government of the Sudan, to intensify dialogue with my Office in relation to those outstanding warrants.”
2020-12-10 · UN Security Council · Security Council, S/2020/1192 (2020) · source
“The Sudan’s immediate facilitation of access to its territory would demonstrate to the victims, the Sudanese people and the international community, including the Council, that the Sudan seriously intends to implement the principles adopted in the Juba Peace Agreement and resolution 1593 (2005), which referred the situation of Darfur to my Office. It would give further concrete expression to the assurances of cooperation conveyed to me in person during the recent historic visit of my Office to Khartoum. It would also signal that the Sudan is genuinely committed to the path of justice. My Office stands ready to work collaboratively with the Sudan as it charts its way towards accountability for the atrocity crimes alleged to have been committed in Darfur.”
2020-12-10 · UN Security Council · Security Council, S/2020/1192 (2020) · source
“I had hoped that my team would travel to the Sudan in November for an operational assessment mission to pave the way for fully fledged investigative activities immediately thereafter. Unfortunately, that mission was postponed at the request of the Sudanese authorities. No new dates have been offered, and the window of opportunity to conduct investigations prior to Mr. Abd-Al-Rahman’s confirmation of charges hearing is rapidly closing. Unless the mission is rescheduled soon, my Office risks losing a golden opportunity to directly engage with victims and witnesses in situ for the first time and to ensure that their evidence is made available to the judges at Mr. Abd-Al-Rahman’s confirmation of charges hearing, currently scheduled for 22 February 2021.”
2020-12-10 · UN Security Council · Security Council, S/2020/1192 (2020) · source
“I am also hopeful that the draft memorandum of understanding on modalities of cooperation, submitted by my Office to the Sudan shortly after the mission, can be swiftly concluded. At the present time, we are waiting for the authorities of the Sudan to provide their reaction to the draft. In Khartoum, I stressed the urgent need for my investigators to be given access to the territory of the Sudan. I emphasized that time is of the essence as my team strives to meet the various deadlines set by the Court’s judges in Mr. Abd-Al-Rahman’s case. I reiterate that call and urge the Council to impress upon the Sudan the urgent need for my investigators to access its territory, and in particular to conduct investigative missions in Darfur, without further delay.”
2020-12-10 · UN Security Council · Security Council, S/2020/1192 (2020) · source
“I also held productive discussions with representatives of civil society organizations, international bodies and the diplomatic corps in Khartoum. Those meetings enabled my team to explain the ICC proceedings and the status of the Darfur cases. Our discussions also presented an opportunity to hear directly from the Sudanese authorities about their plans for cooperation with my Office and their commitment to accountability and justice for the people of Darfur. My visit to Khartoum further gave my delegation and the Government of the Sudan the opportunity to hold preliminary discussions on possible mechanisms for bringing to justice the suspects against whom ICC warrants have already been issued. I welcome the assurances of support, cooperation and the commitment to justice expressed by the authorities during my mission to Khartoum.”
2020-12-10 · UN Security Council · Security Council, S/2020/1192 (2020) · source
“Indeed, the parties are committed to facilitating the appearance of those wanted before the ICC, providing its prosecutors and investigators with access to victims, witnesses and investigation sites and allowing Court personnel to travel freely throughout the Sudan. The Juba Peace Agreement also states that the parties shall not interfere with ICC investigations and shall ensure the safety of victims and witnesses. I also welcome the Sudan’s recent repeal of the criminal law provisions that prevented cooperation with the ICC. In October, I led the first mission by my Office to the Sudan in 13 years. In Khartoum, my team and I engaged in productive meetings with officials of the Government of the Sudan at the highest levels.”
2020-12-10 · UN Security Council · Security Council, S/2020/1192 (2020) · source
“Alarmingly, there are continuing reports of sexual and gender-based violence and crimes against children. Such attacks must stop, and the protection of civilians must remain a priority. I welcome the Juba Peace Agreement, signed on 3 October, between the Sovereign Council and the Sudanese Revolutionary Front and other movements. I am hopeful that the Agreement will help bring justice to the victims of atrocity crimes in Darfur and build sustainable and prosperous peace in the Sudan. I commend the parties’ agreement to create a special court for Darfur crimes and a truth and reconciliation commission. I also welcome the importance that the Juba Peace Agreement lends to the ICC and the emphasis placed on cooperation between the Sudan and the Court in relation to the five ICC suspects, including Mr. Abd-Al-Rahman.”
2020-12-10 · UN Security Council · Security Council, S/2020/1192 (2020) · source
“The planning, preparation and conduct of those missions have been heavily impacted — and at times unavoidably delayed — by the challenges that my Office, cooperating States and other partners have had to overcome to enable my team to conduct its work in the circumstances of a global pandemic. I take this opportunity to express my appreciation to the team for their hard work and resilience over the past six months, in extremely challenging circumstances. During the reporting period, my Office continued to monitor alleged crimes in Darfur that may fall within the Court’s jurisdiction. There have been repeated allegations of attacks on civilians in Darfur, reportedly occurring mainly in June and July. Those attacks reportedly resulted in significant casualties.”
2020-12-10 · UN Security Council · Security Council, S/2020/1192 (2020) · source
“The Pre-Trial Chamber scheduled the confirmation of charges hearing for 7 December and later postponed it to 22 February 2021. On 3 December, in the light of the challenges my Office is facing, some of which I will address today, I requested the Pre-Trial Chamber to further postpone the confirmation hearing until 31 May 2021. The defence has yet to respond to that request, and the Pre-Trial Chamber will decide on that request in due course. Despite limited resources, my Office is adapting to the new reality and pandemic-related restrictions in its pursuit of justice for victims in the Darfur situation. My team of investigators, analysts, advisers and lawyers has been working under difficult conditions, including conducting missions in Europe and Africa to expedite preparations for Mr. Abd-Al-Rahman’s confirmation of charges hearing.”
2020-12-10 · UN Security Council · Security Council, S/2020/1192 (2020) · source
“My Office, assisted by the Registry of the Court, was able to secure the surrender and transfer of the suspect to the custody of the ICC, notwithstanding the operational challenges presented by the COVID-19 pandemic. The Council will recall that the Court had issued two arrest warrants against Mr. Abd-Al-Rahman for multiple counts of war crimes and crimes against humanity allegedly committed in Darfur. The first warrant concerned crimes allegedly committed during attacks against civilians in the locations of Kodoom, Bindisi, Mukjar and Arawala between August 2003 and March 2004. The second arrest warrant concerned the crimes allegedly committed in the town of Deleig in March 2004. Mr. Abd-Al-Rahman made his initial appearance before ICC Pre-Trial Chamber II on 15 June.”
2020-12-10 · UN Security Council · Security Council, S/2020/1192 (2020) · source
“Ali Muhammad Ali Abd-Al-Rahman, also known as Ali Kushayb, and the directly related issue of the status of cooperation between my Office and the Government of the Sudan. Fifteen years after the referral of the situation in Darfur to the International Criminal Court (ICC), pursuant to resolution 1593 (2005), the victims of the crimes in Darfur finally have a chance to see justice in relation to one of the cases. My written report sets out the main judicial developments in the case against Mr. Abd-Al-Rahman, who was transferred to the International Criminal Court on 9 June following his voluntary surrender to authorities in the Central African Republic, as the Council was made aware in my June report.”
2020-12-10 · UN Security Council · Security Council, S/2020/1192 (2020) · source
“I welcome the opportunity to present my thirty-second report regarding the situation in Darfur, pursuant to resolution 1593 (2005), and to brief the Security Council on recent developments. Before doing so, I congratulate South Africa on assuming the presidency of the Council for the month of December and wish it continued success in carrying out its essential duties. As the world continues to navigate this uncertain era of the coronavirus disease (COVID-19) pandemic, I again brief the Council virtually. Since my latest update in June (see S/2020/538), there have been significant developments in the Darfur situation. Today I will focus on two of those important developments: the ongoing case against Mr.”
2020-12-10 · UN Security Council · Security Council, S/2020/1192 (2020) · source
“The support of the international community, the Council and its membership to stand firmly in the defence of international criminal justice in Libya and beyond are necessary to ensure international peace and security and to advance the cause of justice for the victims of atrocity crimes.”
2020-11-10 · UN Security Council · Security Council, S/2020/1108 (2020) · source
“As we gather here today, pursuant to resolution 1970 (2011), to demonstrate our joint commitment to the cause of justice in Libya, I must contextualize this engagement. We find ourselves in an age where powerful forces increasingly aim to undermine the cause of international criminal justice as a continuation of politics by other means. What is required today, more than ever, is greater support for the ICC, its independent and impartial work and the international rule of law — not less. Any act that might undermine the global movement towards greater accountability for atrocity crimes and a ruled-based international order must be avoided.”
2020-11-10 · UN Security Council · Security Council, S/2020/1108 (2020) · source
“I would like to reiterate the pivotal importance of that cooperation in our activities, and I call on the Council and all Member States to collectively support our efforts to strengthen such cooperation. My Office further continues to provide assistance to support the domestic investigation and prosecution of international crimes committed in Libya, in line with our strategic goal 6. I remain committed to fulfilling my mandate with the aim of holding to account those responsible for the most serious crimes of international concern and seeking justice for the victims in Libya. The Council and the international community are once again urged to fully support the ICC’s efforts to achieve its mandate in Libya. Let me conclude with a final reflection.”
2020-11-10 · UN Security Council · Security Council, S/2020/1108 (2020) · source
“I urge the Council and all Member States to take effective and concrete steps to ensure that safe havens are not provided to fugitives from justice who face serious criminal charges before the International Criminal Court. Inaction in that regard allows abhorrent crimes, such as those alleged in Tarhouna, to continue. There is a collective responsibility to ensure that ICC warrants of arrests are duly executed. In all other respects, my Office continues to receive strong cooperation from numerous States and stakeholders. Our relationships with UNSMIL and authorities in Libya in particular have strengthened, as has our relationship with EUROPOL.”
2020-11-10 · UN Security Council · Security Council, S/2020/1108 (2020) · source
“Let me recall and stress the obligation, under article 28 of the Rome Statute, for commanders to prevent or punish the commission of crimes by forces under their effective control, or to submit them for effective investigation and prosecution. Similarly, arrest warrants against Mr. Saif Al-Islam Al-Qadhafi and Mr. Al-Tuhamy Mohamed Khaled remain unexecuted. Mr. Al-Tuhamy is still alleged to be in Egypt. I urge all the relevant States, including the Arab Republic of Egypt, to ensure that fugitives wanted by the Court are surrendered without delay. The non-execution of the arrest warrants is the foremost obstacle to our collective capacity to give hope to the people and victims of crimes in Libya.”
2020-11-10 · UN Security Council · Security Council, S/2020/1108 (2020) · source
“Al-Werfalli for alleged crimes committed in Libya. My Office’s request that the leader of the LNA, General Khalifa Haftar, arrest and surrender Mr. Al-Werfalli to the ICC has gone unheeded. I again call on other Libyan commanders to take all necessary steps to surrender Mr. Al-Werfalli. Most recently, I specifically called upon Mr. Aqila Saleh, Supreme Commander of the LNA, and Mr. Wanis Bukhmada, Commander of the Al-Saiqa Brigade, to help in that regard. My Office has since received information that Mr. Bukhmada is deceased. It is nonetheless imperative that efforts to arrest and surrender Mr. Al-Werfalli continue and be intensified.”
2020-11-10 · UN Security Council · Security Council, S/2020/1108 (2020) · source
“I note in particular the sentencing, by the Court of Messina in Italy, of three individuals to 20 years of imprisonment for crimes committed against migrants in Zawiyah. A recurring theme that I must emphasize is the failure to arrest and surrender those against whom the Court has issued arrest warrants. That remains a major stumbling block that prevents my Office from seeking effective justice for the victims of atrocity crimes committed in Libya. Over the years of my reporting to the Council, I have lamented the fact that individuals against whom warrants of arrest have been issued remain at large. That includes two arrest warrants for Mr. Mahmoud Mustafa Busayf Al-Werfalli, who, as a commander of Al-Saiqa Brigade, is alleged to have executed 43 civilians. On 21 September, the European Union imposed economic sanctions on Mr.”
2020-11-10 · UN Security Council · Security Council, S/2020/1108 (2020) · source
“My Office has also been monitoring the situation of internally displaced persons, as well as crimes committed against migrants. Regrettably, migrants continue to be trafficked and subjected to crimes, such as torture. I am deeply concerned that, despite the Council imposing sanctions on Mr. Ahmad Oumar Al-Dabbashi for his involvement in crimes against migrants, he is reportedly continuing to commit crimes. Recent positive developments in the fight to eradicate crimes against migrants are encouraging and must be intensified. In that regard, I note the imposition of sanctions by the European Union against Mr. Mousa Adyab, who the United Nations Panel of Experts has implicated in human trafficking, rape and the killing of refugees. I also welcome the efforts made by national jurisdictions in that regard.”
2020-11-10 · UN Security Council · Security Council, S/2020/1108 (2020) · source
“In my previous report to the Council, I outlined allegations that detention facilities such as Al-Kuweifiya and Gernada, in eastern Libya, and Mitiga prison, in Tripoli, which is controlled by the Special Deterrence Force, were being used to arbitrarily detain civilians under inhumane conditions, including torture. My Office continues to receive evidence of such crimes. I urge all parties to the conflict in Libya to immediately put an end to the use of detention facilities to mistreat, and commit crimes against, civilians. International law and the Rome Statute prohibit such use of detention facilities. I furthermore call for international observers and investigators to be given full access to detention facilities in Libya and full cooperation in that regard.”
2020-11-10 · UN Security Council · Security Council, S/2020/1108 (2020) · source
“I encourage the Council and all States Members of the United Nations to once again convey a clear and firm message to military and civilian commanders, as well as all parties and armed groups involved in the Libya conflict, that the rules of international humanitarian law must be respected and that those who defy such rules will be held individually responsible. My Office has also been following reports of the targeting of civilians who voiced opposition to militias in the east and west of Libya. In that regard, the Council is aware that UNSMIL recently called for an investigation into the alleged use of excessive force by security forces on 23 August in Zawiyah and Tripoli. In addition, my Office continues to receive information regarding allegations of serious crimes being committed in prisons and detention facilities throughout Libya.”
2020-11-10 · UN Security Council · Security Council, S/2020/1108 (2020) · source
“Mines and improvised explosive devices are reported to have been placed in the garages, kitchens and bedrooms of civilian homes. Many civilians who returned to their homes after fleeing the fighting were either killed or injured because their homes were booby-trapped with such devices. The threat posed to civilians by mines and improvised explosive devices and the scale of their use is deeply disturbing. Between May and July alone, at least 49 people were killed as a result of the use of mines. Let me emphasize that, under the Rome Statute, it is a crime to use mines and improvised explosive devices as a means to indiscriminately attack civilians.”
2020-11-10 · UN Security Council · Security Council, S/2020/1108 (2020) · source
“In that regard, we have received information indicating that the recently ended offensive on Tripoli that was carried out by the eastern-based militia known as the Libyan National Army (LNA) and its supporting forces forms part of a pattern of violence that includes indiscriminate air strikes and the shelling of civilian areas, arbitrary abductions, detentions and torture of civilians, extrajudicial killings, enforced disappearances and the pillaging of civilian property — a repetition of a pattern of violence previously reported in places such as Benghazi, Derna, Ajdabiya, Murzuq and Sirte. We have also received credible information indicating the increased use of mines and improvised explosive devices against civilians. These were discovered following the retreat of forces from Tripoli and its surrounding areas.”
2020-11-10 · UN Security Council · Security Council, S/2020/1108 (2020) · source