YouSaid · the spoken record

Sedat Jobe

lines on the record: 175
first: 1998-03-02
most recent: 1998-03-20
sittings or episodes: 4
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

“Today the new situation created by the Court's decision and the positions expressed by the various international forums show that the only action worth taking to stay within the spirit of the Court's Judgments is suspension of the air embargo. Such a decision, which would be both just and humane, could not but strengthen the credibility of the approach taken by the Security Council pending a complete lifting of the embargo. The Secretary-General of the OIC hopes that this measure will be considered at the next sanctions review. The President: I thank Mr. Abou for his kind words addressed to me. The next speaker is the representative of the United Kingdom, speaking on behalf of the European Union, on whom I now call.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“A solution should be found that is in keeping with international law, a solution that respects the sovereignty and dignity of Libya and its right to get on unimpeded with the job of improving the living conditions of its people. Those conditions are difficult, as is clear from the Petrovsky report, which highlights the humanitarian plight of women and children. The report has been confirmed by the many eyewitness reports from the many distinguished visitors who constantly visit the country. Many proposals to ease the population's humanitarian plight have been put forward by the OIC and other organizations, but without result. However, the humanitarian proposals, despite their importance, have been overtaken and are now inadequate in the light of developments in the case. Only bold, courageous measures should be on the agenda now.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“We cannot disregard the Court's decisions, the content of which I shall review briefly. The Court has stated that it does have jurisdiction in this case on the basis of article 14, paragraph 1 of the Montreal Convention. It thus rejects as ill-founded the objections raised by the other side with regard to the character of resolutions 748 (1992) and 883 (1993). Whatever interpretations various people may make of this Judgment, this is nevertheless a new element that should be taken into account in the next sanctions review. This decision by the Court is a moral victory for Libya. It is legal confirmation of the feeling expressed by the international community that this matter may and should be reasonably resolved in the appropriate forums, far from any media hype.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“However, the international community is totally mobilized behind Libya. We have clear proof of this in the statements of those who have spoken before me in this Chamber. In addition, to mention just the most recent instances, we have the final proposal adopted by the Non- Aligned Ministerial Conference in New Delhi, the declaration of the thirty-third Summit of the Organization of African Unity in Harare, the resolution of the Council of Ministers of the League of Arab States at its one hundred and eighth session and the relevant resolutions and declarations of the OIC. This mobilization by the international community, reinforced by the recent Judgment rendered by the International Court of Justice, should make this body look at the question before us today in a radically new way.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“The dignity of the Libyan people has been violated, and they resent the injustice of this collective punishment, the more so because no court of law has yet established their guilt in any form whatsoever. The presumption of innocence, which is the golden rule of all systems of justice, seems to me to have been disregarded in this case. Similarly, the principle of collective punishment - which brings back grim memories - is not one of the universal principles of justice. The Libyan Arab Jamahiriya has shown remarkable flexibility and a sincere desire for cooperation. It has adopted a responsible and courageous attitude and has repeatedly put forward honourable proposals to settle the issue. The rejection of these proposals is harmful for international peace and security.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“Our organization, pursuant to the principles of its charter with respect to solidarity among its member States, and to the United Nations Charter, in particular Article 33 of Chapter VI - which states, inter alia, that "The parties to any dispute shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation ...[and] judicial settlement" - remains convinced of the need to arrive speedily at a solution that will allow the immediate lifting of the embargo imposed on Libya. Our Organization is concerned by the suffering and material and human harm being experienced by the Libyan and neighbouring peoples because of the sanctions imposed in implementation of Security Council resolutions 748 (1992) and 883 (1993).”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“I should like also to pay a well-deserved tribute to your predecessor, Ambassador Dangue Rewaka, for his many successes during his term of office. I also welcome Mr. Muntasser, the Secretary of the General People's Committee for Foreign Liaison and International Cooperation of the Libyan Arab Jamahiriya. I should also like to express the compassion of the entire Muslim world for the families of the victims of Pan Am flight 103 and UTA flight 772. The dispute between certain countries and the Libyan Arab Jamahiriya is of abiding concern to the Organization of the Islamic Conference (OIC).”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“International law demands that justice be done and this Council must see to it that justice is done for and on behalf of the relatives of the victims of flight 103 and of the people of the Libyan Arab Jamahiriya. The President: I thank the representative of the Organization of African Unity for his kind words addressed to me. The next speaker is Mr. Mahamadou Abou, Deputy Permanent Observer of the Organization of the Islamic Conference to the United Nations, to whom the Council has extended an invitation under rule 39 of its provisional rules of procedure. I invite him to take a seat at the Council table and to make his statement. Mr. Abou (Organization of the Islamic Conference) (interpretation from French): Allow me at the outset to congratulate you, Sir, on your outstanding guidance of the Council's debate.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“What we seek from this Council is action - action that would, first of all, establish the truth about this dispute and, in the process, render justice to the relatives of the victims of Pan Am flight 103 and to the Libyan victims of the sanctions imposed by this Council. This Council cannot continue to watch the suffering and death of people affected by the sanctions. While no one - certainly not the OAU - can excuse terrorism or acts of terrorism, no one should condone what has been happening to the people of Libya since 1992. Those found guilty of the terrorism that caused the tragedy of Pan Am flight 103 will have to face the consequences of their actions.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“With respect to these purposes and principles, paragraph 3 of Article 2 reminds us that: "All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered." The Libyan Arab Jamahiriya has responded to this moral edict by accepting the three options now before the Council. It is precisely the element of justice that the OAU, the League of Arab States and Non-Aligned Group want to see. Our participation at this meeting underscores the importance which the OAU attaches to this matter.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“The important responsibility that it has in the maintenance of international place and security derives from the purposes and principles of the United Nations. The Security Council owes it to the people of Libya, who have suffered over the past five years, and to the relatives of victims of Pan Am flight 103, who have long sought justice, to accept one of the three options before it. Paragraph 2 of Article 24 of the Charter enjoins the Council to act "in accordance with the Purposes and Principles of the United Nations".”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“By the second, the Security Council would decide that the two suspects be tried by Scottish judges at the International Court of Justice at The Hague, in accordance with Scottish Law. By the third, the Security Council would establish a special criminal tribunal at the seat of the International Court of Justice at The Hague to try the two suspects. At a time when some Member States are insisting on their sovereign right to try at home their nationals charged with crimes committed in other States, the Libyan Arab Jamahiriya has in good faith accepted the three options. At this meeting, it is therefore important that the Security Council take Libya's flexibility into account. The Security Council has an almost sacred place in the Charter of the United Nations.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“The Security Council may wish to give serious consideration to the proposals jointly presented by the OAU and the League of Arab States aimed at seeking a just and equitable solution to the crisis." [ibid., p. 5] The OAU wants to see a speedy resolution of this dispute and the immediate lifting of the harsh sanctions measures imposed against the people of Libya. The three options that the OAU and the League of Arab States have submitted to this Council have the support of the Non- Aligned Group. These three options signal the willingness and flexibility of the Libyan Arab Jamahiriya to seek a peaceful settlement of this dispute. It is therefore up to the Security Council to choose one of these options. The first calls for the trial of the two suspects to be held in a third and neutral country to be determined by the Security Council.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“Now that Libya has agreed that the two accused Libyans can be tried under Scottish law, by Scottish judges but in a third country, or at the International Court of Justice, we feel that this offer should receive your serious consideration so that matters can move forward." [S/PV.3819, p. 4] In his address, Secretary-General Salim complemented President Mugabe's appeal by drawing attention to the distinctive consequences of the sanctions imposed. He said: "The Organization of African Unity has consistently expressed its concern over the continued sanctions imposed on that country, with their humanitarian consequences on the ordinary people, and has called for a fair trial of the suspects according to acceptable requirements of justice and international law.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“In his address of 25 September, 1997, President Mugabe called for Security Council action to resolve the dispute. He said: "I would be remiss were I not to raise another matter of concern to the African continent that requires the attention of the Council and that was debated at the last summit meeting of the Organization of African Unity, namely, the need to find a solution to the dispute between Libya, the United States of America and the United Kingdom over the Lockerbie tragedy. In addition to the families of those who lost their lives, many other innocent third persons continue to suffer as a result of the sanctions imposed on Libya.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“"The Security Council shall, when it deems necessary, call upon the parties to settle their disputes by such means." The Organization of African Unity (OAU), which has always been and remains firm in its condemnation of terrorism and all acts of terrorism, is profoundly convinced that a rapid and just settlement of this dispute in accordance with international law will make it possible for to bring about the justice to which we aspire. The consistency of the OAU in this matter is rooted in the principle of the peaceful settlement of disputes. The current Chairman of the OAU, His Excellency Mr. Robert Mugabe, President of Zimbabwe, and the Secretary-General of the OAU, His Excellency Salim Ahmed Salim, have emphasized in this very Chamber the urgent need to find a settlement to this dispute.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“This dispute between Libya and two permanent members of the Security Council falls under Article 33 of the Charter of the United Nations, which states: "The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“We remain convinced that this initiative, if accepted, constitutes a practical solution and should guarantee a just and fair judgment whereby all the interests of the concerned parties would be considered." The dispute between Libya and the United States and the United Kingdom is a constant concern for the Organization of African Unity, in particular because of the time that has been devoted to it and the painful state of waiting in which the families of the victims of Pan Am flight 103 find themselves, as well as the suffering the sanctions have caused and continue to cause to the Libyan people.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“The Conference declared: "We take note of the fact that the Libyan Government has accepted the initiative of the League of Arab States, supported by the OAU, the Movement of Non-Aligned Countries and the Organization of the Islamic Conference, recommending a just and fair trial of the two Libyan suspects by Scottish judges and in accordance with Scottish law, at the headquarters of the International Court of Justice.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“Their sorrow, which has lasted too long, means that all the parties concerned must make the necessary concessions so that all light can finally be shed on this tragic case. When the Conference of Heads of State and Government of the Organization of African Unity held its thirty-third session in Harare, Zimbabwe, last June, it considered the dispute between the Libyan Arab Jamahiriya and the United States of America and the United Kingdom.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“I thank the representative of the League of Arab States for his kind words addressed to me. The next speaker inscribed on my list is Mr. Amadou Kebe, Permanent Observer of the Organization of African Unity to the United Nations, to whom the Council has extended an invitation under rule 39 of its provisional rules of procedure. I invite him to take a seat at the Council table and to make his statement. Mr. Kebe (Organization of African Unity) (interpretation from French): The Organization of African Unity, which I represent, is very honoured to see you, Sir, presiding over this very important meeting of the Security Council. I wish also to express respect for the victims of Pan Am flight 103 and, on behalf of the organization I represent, compassion for their families, who are here with us in this Chamber.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“In conformity with the usual practice, I propose, with the consent of the Council, to invite those representatives to participate in the discussion, without the right to vote, in accordance with the relevant provisions of the Charter and rule 37 of the Council's provisional rules of procedure. There being no objection, it is so decided. At the invitation of the President, Mr. Kittikhoun (Lao People's Democratic Republic), Mr. Moubarak (Lebanon), Mr. Semakula Kiwanuka (Uganda) and Mr. Ngo Quang Xuan (Viet Nam) took the seats reserved for them at the side of the Council Chamber. The President: The next speaker inscribed on my list is Mr. Hussein Hassouna, Permanent Observer of the League of Arab States to the United Nations, to whom the Council has extended an invitation under rule 39 of its provisional rules of procedure.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“I think that if we give it a chance it will only enhance the credibility of the Council, and the Council will remain the tribunal through which our political problems are solved in the interests of the ideals of the United Nations, which are not of coercion but of harmony and peaceful coexistence among all its Members in a world of justice and law. I now resume my functions as President of the Council. I should like to inform the Council that I have received letters from representatives of the Lao People's Democratic Republic, Lebanon, Uganda and Viet Nam, in which they request to be invited to participate in the discussion of the item on the Council's agenda.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“Taking into account all these factors, the delegation of the Gambia is of the view that it would be in perfect order to try to make an exception to the rule. Not that we will try to erode the authority of the Security Council, but we should see to it that the credibility of the Security Council is not called into question and at least open some leeway to be able to see what Libya will do if the Security Council decides that the trial should be held elsewhere. It is in this situation that we will see the good faith of the Libyans, and it is in this situation that we will also be able to prevent the suffering of innocent Libyans. I believe that this is a historic moment.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“In this context, my delegation strongly believes that with regard to such pressing matters as medical evacuations, the replacement of aircraft used for medical purposes or similar things in general, the Council should encounter no difficulties in giving quick approval whenever the request is made. As for religious issues, we are all well aware of their highly sensitive nature. For Muslims throughout the world, the annual pilgrimage, or Hajj, to the Holy City of Mecca, one of the fundamental pillars of Islam, will take place within the next few weeks. The Hajj itself is no child's play. It is very, very demanding indeed. The pilgrim needs all his or her energy, both physical and mental, to carry out all the rites and rituals for the entire duration of this most special event.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“But we fear that insisting too much on holding the trial in Scotland and nowhere else does not help the situation. The bottom line, in our view, is to proceed with the trial under Scottish law in a third country. As long as we are not compromising on the principle of trying the suspects, the venue should not hold us to ransom. Having said that, I would now like to turn to a related issue. I am referring to the decision by the Council to maintain the sanctions imposed on the Libyan Arab Jamahiriya following a review of the situation a few weeks ago. Sanctions notwithstanding, it is a widely held view that humanitarian needs and religious considerations constitute an exception to the rule.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“Let us seize this opportunity to give the whole world a chance to see Scottish justice at its best and in the fine tradition of the British legal system, which has allowed the Gambia today to be a peaceful and stable country in the African continent. It could be of use to note that in the Gambia today, even after its independence, Gambians can still apply to the Privy Council in the United Kingdom. That shows our confidence in the type of justice that is established by that country. Therefore, we believe that when we call for the trial to be held in a neutral venue, we are only seeking greater impartiality and neutrality to reassure the accused that they would be given a fair trial. This does not in any way diminish our faith in Scottish justice.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“It is self-evident that if the Libyan Arab Jamahiriya were not willing to cooperate, the Organization of African Unity, together with all the other organizations, such as the League of Arab States, the Non-Aligned Movement and, indeed, the Organization of the Islamic Conference, would not have been able to come up with such a practical and constructive package. It is not designed to stand up to any country; it is designed to allow us to move a step forward. In addition to that, the International Court of Justice, in its ruling on 27 February 1998, on Questions of Interpretation and Application of the 197] Montreal Convention arising from the Aerial Incident at Lockerbie, brings in a new element to help us. My delegation sincerely believes that we should not let this opportunity slip away.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“Guided by the rule of law and the spirit of compromise and cooperation, the Organization of African Unity, of which we are a member, in collaboration with the League of Arab States and supported by the Non-Aligned Movement, worked out a package with the following options aimed at finding a solution acceptable to all: a trial of the two suspects should be held in a third and neutral country to be determined by the Security Council; the two suspects should be tried by Scottish judges at the International Court of Justice at The Hague, in accordance with Scottish law; and a special tribunal should be established at the International Court of Justice headquarters in The Hague to try the two suspects.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“A great African leader once said: "Conscience is an open wound; only truth can heal it." Moreover, the longer justice is delayed, the greater the anguish of those who lost their loved ones. Not only is it true that justice delayed is justice denied, but by delaying it, we also run the risk of adding insult to injury. It is for this reason that President Jammeh and the Government and the people of the Gambia would like this matter to be laid to rest as quickly as possible. In this connection, we are confident that we can rely on the long- established ties of friendship and cooperation that exist between each of the countries concerned and the Gambia so that we can go the extra mile necessary to break the logjam over the question of venue for the trial of the two suspects.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“I thank the representative of the United Kingdom for his kind words addressed to me. I shall now make a statement in my capacity as Secretary of State for Foreign Affairs of the Gambia. The Government and the people of the Gambia are very keen on having a world of justice and fraternal cooperation, with intercultural exchange and free trade among all the States of this world. It is for this reason that we do not hesitate to make our voice heard on the differences opposing the Libyan Arab Jamahiriya, on the one hand, and the United Kingdom and the United States, on the other, over the Lockerbie tragedy. We can imagine the pain, the anguish and the frustration of the families of the victims of the ill-fated Pan Am flight 103. Unless justice is done, our collective conscience will never be clear.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“We pray to God to help us all in obeying what he said in the Holy Koran: "We made you into nations and tribes, that ye may know each other The most honoured of you in the sight of Allah is (he who is) the most righteous of you." [The Holy Koran, IL:13] May the peace and blessings of God be upon you. The President: I thank the Secretary of the General People's Committee for Foreign Liaison and International Cooperation of the Libyan Arab Jamahiriya for the kind words he addressed to me.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“Today we renew our call to them to turn over a page that is no longer of any benefit to either of us, and open a new page in which we would exchange benefits, not accusations, within the framework of normal political and economic relations characterized by dialogue, not discord, and cooperation, not boycott. We urge the Security Council to embark on a drastic review of the decisions it took in very critical circumstances against my country, taking into consideration what I have said in this statement and what the international community has incessantly called for - the suspension of the resolutions referred to.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“Before all present, my country would like to confirm that it still upholds the principles and consistent position it declared upon the evacuation of the military forces of both the United States of America and the United Kingdom from its territory in 1970, when we considered that a new page had been opened in our relations with both countries, and that we no longer had any problems with either of them. At that time, we called upon them to enter with us into an equal relationship based on mutual respect, non-interference in internal affairs and cooperation on an equal footing. We have not severed our relations with them. They did that unilaterally for no genuine reason. We have not interrupted our cooperation with them. They did so unilaterally without any real reason.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“I should like to state publicly before the Council that my country was the first to come to the Security Council, upon the announcement of the indictment against its citizens on 16 November 1991 - more than a month before the other parties contacted the Council, on 20 December 1991. Today, my country comes to the Council once again to ask for the implementation of the judgment of the Court. We do that out of respect for the Council and our keenness to preserve its credibility. We are hopeful that right will be established, the law upheld and the causes of the bitter suffering of our people eliminated, making it possible to get closer to a day when the suffering of the families of the victims of the tragic incident would end, too.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“It is noteworthy that since the occurrence of the tragic event over Lockerbie, many books, articles and investigative reports have been issued, and many audio- visual recordings presented whose sources are both American and British which absolved Libya from responsibility for that event. The majority of those who prepared and published this material were from the United States and Britain. If the United States and the United Kingdom really believe in good faith that they actually possess circumstantial evidence of Libya's link to the incident, then those two States are obligated to bring their so-called evidence to the International Court of Justice, in accordance with the binding rules of international law and the normal practice for resolving serious legal disputes between sovereign and civilized States.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“Libya believes that these two Judgments by the International Court of Justice pave the way for a definitive settlement of the Lockerbie dispute and hereby declares once more its continued acceptance of the initiatives of international forums, including the League of Arab States, the Organization of African Unity, the Organization of the Islamic Conference and the Movement of Non-Aligned Countries, addressed to the Security Council with regard to settling the dispute and about which the Council was periodically informed, with a view to ensuring the effective implementation of international and national law. Libya most emphatically reasserts before the Security Council and the entire world that it was not responsible for the tragic destruction of Pan Am flight 103 over Lockerbie and the horrendous loss of human life that resulted.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“Fourthly, as an interim measure, the Council should suspend implementation of the two resolutions insofar as they relate to the sanctions imposed against the Libyan Arab Jamahiriya. The continued failure to suspend sanctions imposed on a whole people, indeed on the peoples of the entire region, for six years on the basis of a resolution which the Court has viewed as non-binding in respect of legal disputes - in which the Council is not competent - and on the basis of an erroneous procedure comes close to violating the 1948 genocide treaty. We are confident that everybody will abstain from participating in this violation of the law in this decade of respecting the law in relations between peoples.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“For the sake of fruitful cooperation between the Court and the Security Council, the Council must take the necessary measures to give effect to the two Judgments rendered by the Court on 27 February 1998. First, the Council should promptly and urgently refrain from renewing the sanctions imposed on the Libyan Arab Jamahiriya pursuant to resolutions 748 (1992) and 883 (1993). Secondly, those two resolutions should be rescinded insofar as they relate to the imposition of sanctions on the Libyan Arab Jamahiriya. Thirdly, the two cases before the International Court of Justice should be considered the only peaceful means for settling the dispute between the parties, and the Council should call on them not to take any unilateral or multilateral measures until the Court renders its final judgment.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“Sanctions have been imposed on Libya since 1992 within a framework and in accordance with a description of the dispute that were found by the principal judicial arm of the United Nations to be invalid. Since 1992 Libya's point of view has been that the disputes between it and the United States and the United Kingdom are legal disputes, and that application of the provisions of Article 36, paragraph 3, of the Charter make it incumbent on the Security Council in making its recommendations, as in resolution 731 (1992), to take into consideration the fact that legal disputes should be referred by the parties to the International Court of Justice. The Court has rendered its decision to this effect, that the Court has jurisdiction in that dispute and that Libya's application in this respect is acceptable to the Court.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“Implementation of the Judgments of the Court, which are final and binding, as supported by the provisions of the Charter and the resolutions of the regional organizations concerned, makes it incumbent on the parties to the dispute and on members of the Security Council - which must act in accordance with the purposes and principles of the United Nations and the provisions of the Charter in order for the Council's decisions to be acceptable and binding - to deal with the question on the basis of a new vision for handling the dispute and its economic and humanitarian consequences, according to which, especially, the resolutions of the Security Council with regard to the maintenance of international peace and security are of a temporary and not an indefinite nature.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“The Judgments of the Court enhance the initiatives of all the regional organizations concerned to achieve a just solution to a dispute whose legal character is very clear, in respect of which there is an international Convention, applicable to all parties to the dispute without exception, which provides the right framework for the settlement of the dispute.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“When Libya resorted to the Court in the Lockerbie matter, it did so in implementation of a policy based on respect for the norms of international law, the Charter and the Statute of the Court, in spite of the injustice which was inflicted upon it and its neighbours by the unjust Security Council resolutions. In the light of the above considerations relating to the background of the dispute, the Judgments of the Court open up prospects for achieving the basic purposes of the United Nations in respect of acting in accordance with the principles of law, justice and the peaceful settlement of disputes. These are the objectives which led, more than 50 years ago, to the inclusion in the Charter of the provisions relating to the establishment of the Court.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“Fifthly, the sanctions provided for in Security Council resolutions 748 (1992) and 883 (1993) have become irrelevant and moot since the Court has accepted jurisdiction in the matter on which the resolutions were based. It is an established fact that Libya was the first to resort to the Court. The last two decades have witnessed several occasions on which Libya resorted to the Court in observance of the norms of international law and the Charter, in connection with the settlement of disputes by peaceful means and in accordance with the Statute of the Court and its rules of procedure. The judgments rendered by the Court never faced any difficulty or obstacles in their implementation. This behaviour has resulted in the stability of Libya's international relations, especially with neighbouring countries.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“Thirdly, the Security Council must, by virtue of the provisions of the Charter, make the recommendations and take the measures needed to give effect to a judgment, whether or not it is requested to do so. Fourthly, Libya, as a party to the dispute, has from the beginning taken all the steps needed to resolve it peacefully and has implemented all requests by international organizations, including the Security Council, in relation to it, except for those relating to the interpretation and application of the 1971 Montreal Convention, on which it resorted to the Court, as provided in Article 33 of the Charter and article 14, paragraph 1, of the Convention, and was vindicated by the Court.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“This being the case, the parties to the dispute must comply with the two Judgments rendered by the Court in that respect. None of them may take unilateral or multilateral measures except through the Court. Since they are parties to the dispute, they must abstain in the voting on any decision or recommendation relating to it, in accordance with Article 27, paragraph 3, of the Charter. Secondly, Members of the United Nations, parties to the Statute of the International Court of Justice, are bound by the provisions of the Charter relating to the Court and by the provisions of the Statute of that Court, especially with regard to the finality of the Court's judgments and their binding character on all parties to a dispute.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“This means that even though both the Charter and the Statute confirm that each party to a dispute must comply with the decision of the Court, the Charter also gives the Security Council the power to adopt a resolution containing such measures as it deems necessary to give effect to a judgment, that is, to ensure that a judgment is binding on all Members of the United Nations in respect of the dispute on which the judgment was rendered. In the light of these considerations, and in application of the legal norms to which I have referred, the following conclusions can be drawn. First, the Lockerbie matter is a legal dispute between Libya, on the one hand, and the United States and the United Kingdom, on the other. The Court has jurisdiction over that dispute in accordance with the Charter and the Statute of the Court.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“Thus, the United Kingdom and the United States should be bound by the Court's decisions regarding their dispute with Libya over the interpretation and application of the 1971 Montreal Convention Libya; that the Court has jurisdiction in considering that dispute; and that the Security Council resolutions in question have no effect on the Libyan demands. Secondly, on the other hand, a decision of the Court is binding on the parties in respect of the particular case on which the decision made, in accordance with Article 59 of the Statute of the Court. Under Article 60 of the Statute, a judgment is final and without appeal. Thirdly, the Security Council may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to a judgment, in accordance with Article 94, paragraph 2, of the Charter.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“The Court also rejected the objection that the Libyan requests should be considered invalid and irrelevant following the adoption of the above-mentioned Security Council resolutions: the objection was immaterial in the circumstances of the case. There is no denying that a new situation has arisen since the issuance of these two Judgments by the Court, which should be binding for all United Nations organs and their members given that, under Article 92 of the Charter, the Court is the principal judicial organ of the United Nations. First, each Member of the United Nations should comply with the judgments of the Court in any case to which it is a party, pursuant to paragraph 1 of Article 94 of the Charter.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source
“After a long wait, the International Court of Justice, to which we resorted on 3 March 1992, rendered its Judgments against the other parties, which had challenged its jurisdiction. The two Judgments of the Court, which were rendered on Friday, 27 February 1998, contain principles relating to basic questions which can be summarized as follows: that there is a dispute between the parties in this case on the interpretation and application of the Montreal Convention of 23 September 1971; that the Court has jurisdiction, on the basis of article 14, paragraph 1, of the Convention; and that the requests of the Jamahiriya are admissible notwithstanding Security Council resolutions 748 (1992) and 883 (1993). On that basis, the Court rejected the objections to inadmissibility submitted by the United Kingdom and the United States of America.”
1998-03-20 · UN Security Council · Security Council, S/PV.3864 (1998) · source