YouSaid · the spoken record

Yasin

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18
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1993-11-11
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1993-11-11
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1
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un-security-council

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  1. We leave this meeting with a feeling of immense sorrow at the lack of a clear vision regarding an important issue such as this one, an issue which relates to the application of the norms of justice and to respect for the sovereignty and sacredness of the law and respect for the Charter which we have all accepted. The Charter is binding because it stands for reconciliation between nations and is a voluntary contract between those who are parties to it. It is upheld and its provisions are enforced so long as it is used for the purposes it was formulated for.

    1993-11-11 · UN Security Council · Security Council, S/PV.3312 (1993) · source

  2. The mechanisms for the settlement of disputes and the preservation of international peace and security constantly can fall victim to the impact of negative information by the media. This leads to the absence of any guarantee for a fair trial that would guarantee for the accused the right to appear before a neutral court, to be presumed innocent until proven guilty as well as the right to thoroughly and sufficiently prepare their defence after being informed of the charges levelled at them and of the evidence presented by the prosecution.

    1993-11-11 · UN Security Council · Security Council, S/PV.3312 (1993) · source

  3. It will lead to negative results: it could shake the confidence of the smaller countries in this Council's neutrality when dealing with controversial matters and because of overlapping competence of the mechanisms engaged in the settlement of international disputes, it could pave the way for international and regional conflicts through the prevention of action by the mechanisms that are closely related to the issues. The invariable principles and rules of justice and public law are violated when an adversary is judge and jury and when the accused is not presumed innocent until proven guilty. The interpretation of legal texts and especially of the Charter is the duty and competence of the courts, and there is no way for any other body to arrogate that competence to itself except by force.

    1993-11-11 · UN Security Council · Security Council, S/PV.3312 (1993) · source

  4. The impact of the siege has gone beyond the people of Libya to affect neighbouring countries with social and cultural links to that people. Article 50 of the Charter can be of only minimal help to those who are suffering as a result of the implementation of these resolutions. All of this occurs as a result of the implementation of resolutions that appear to uphold the rules and to apply justice but that are not based on the legal justifications that are traditional for fairness. The draft resolution before this distinguished gathering, in our opinion, is not the best way to end the dispute.

    1993-11-11 · UN Security Council · Security Council, S/PV.3312 (1993) · source

  5. The Non-Aligned Movement and regional groupings including the Organization of the Islamic Conference and the Organization of African Unity have expressed their concern with respect to the difficulties faced by the Libyan people as a result of the implementation of resolutions 731 (1992) of 21 January 1992 and 748 (1992). The people of Libya have been subjected to actions that have crippled its economic growth; these have assailed vulnerable groups such as children, the ill and the aged. They have deprived the Libyan Arab Jamahiriya of its legitimate right to contact the outside world by means of available communication channels; this has hurled it back to a time when communications were extremely difficult.

    1993-11-11 · UN Security Council · Security Council, S/PV.3312 (1993) · source

  6. The committee charged the Secretary-General of the League of Arab States with intensifying his efforts and his contacts with all parties to the crisis and with the Secretary-General of the United Nations with a view to reaching a fair settlement based on the principles of international law and the need to safeguard Libyan sovereignty. I have gone into such detail with a view to stressing the good intentions of the Libyan Arab Jamahiriya and the efforts of the League of Arab States and its Secretary-General, Mr. Ahmed Esmat Abdel Meguid, and to underscore our sincere wish to resolve this conflict within the framework of law and the sovereignty of States. The Arab countries have always sought justice and equality in all their dealings, and have refrained from applying double standards in dealing with issues.

    1993-11-11 · UN Security Council · Security Council, S/PV.3312 (1993) · source

  7. The committee voiced its concern at and its rejection of a policy of escalating threats and denials pursued by the three parties, and called for a response to the positive initiatives and efforts, including the important Libyan memorandum submitted to the Secretary-General. The committee expressed its determination to continue its efforts and its contacts with the Secretary-General and the members of the Security Council with a view to preventing an escalation of the crisis and to fostering constructive, positive dialogue towards an appropriate settlement.

    1993-11-11 · UN Security Council · Security Council, S/PV.3312 (1993) · source

  8. In dealing with the crisis, the League of Arab States was therefore careful to base itself on the United Nations Charter, which stipulates that all international disputes should be settled by peaceful means and without endangering international peace and security, and especially on Article 52 of the Charter. The seven-member League of Arab States committee has submitted its report to the Secretary-General of the League; this was approved by the Arab League Council at its one-hundredth session, held in September 1993 in Cairo. In its report the committee attached importance to the positive proposals included in Libya's memorandum dated 11 September 1992 addressed to the Secretary-General of the United Nations, which contained new elements that would help find a settlement through dialogue and negotiation.

    1993-11-11 · UN Security Council · Security Council, S/PV.3312 (1993) · source

  9. In that context, the Arab League Council has formed a seven-member committee under the chairmanship of the Secretary-General of the League of Arab States; the members are the Foreign Ministers of Mauritania, Morocco, Algeria, Tunisia, Libya, Egypt and Syria. The committee was charged with following developments and making the necessary contacts; it was to spare no effort to stop the escalation of the crisis and find just and peaceful solutions in conformity with the rules of international law, justice and the relevant international treaties. The Middle East stands at the threshold of new prospects. Everyone hopes to see the culmination of new steps to achieve a just, lasting and comprehensive peace; this demands self-restraint and the avoidance of any action that could escalate or multiply tensions.

    1993-11-11 · UN Security Council · Security Council, S/PV.3312 (1993) · source

  10. It pronounces itself on those issues and on the aspirations of those States and is committed to acting in the interests of its members. The Arab League Council reacts to events in the region and expresses its views on them. The matter before the Security Council today directly concerns a State member of the League of Arab States. In conformity with its responsibilities and its commitment to peace and security in the region, the Arab League Council has stated its increasing interest in this conflict and its willingness to provide its good offices and cooperate with the Secretary-General of the United Nations and the Security Council in resolving this deteriorating conflict.

    1993-11-11 · UN Security Council · Security Council, S/PV.3312 (1993) · source

  11. Moreover, Libya took steps to implement that undertaking; it called upon the United Nations to send a fact-finding mission and solemnly undertook to pay compensation in the event that it was found responsible for the incident. It accepted all the demands calling for the trial of the two accused and undertook to do all it could in the event that they refused to place themselves before the court they are required to submit to, and that despite the objection of the defence counsel of the accused and despite the fact that that would not conform with national and international laws applicable in such cases. As a regional forum, the Arab League Council includes the Arab States located in a sensitive area. By its mandate, it deals with all issues of importance to the States of the region.

    1993-11-11 · UN Security Council · Security Council, S/PV.3312 (1993) · source

  12. It stated that in the meantime it would be willing to find a practicable way of implementing resolution 731 (1992) in the context of international law and justice and national sovereignty. Libya also reaffirmed its commitment to implement the findings of the International Court of Justice and its acceptance of Security Council resolution 731 (1992) in all its aspects. It expressed its willingness to cooperate with the Secretary-General of the United Nations with respect to the legal aspects of the resolutions in guestion and with respect to conducting a neutral investigation or having recourse to a neutral court or international court.

    1993-11-11 · UN Security Council · Security Council, S/PV.3312 (1993) · source

  13. It expressed its full willingness to accept the judgment of the International Court of Justice in the relevant case of competence now before the World Court. It declared itself ready to consider any other proposals made in conformity with the principles of law and Libyan sovereignty. It expressed its eagerness to respond to international efforts aimed at resolving the conflict through negotiations mediation and legal settlement, in accordance with Article 33 of the United Nations Charter. It expressly condemned terrorism and stated its willingness to cooperate with any party or with any international effort to eliminate that phenomenon. It declared its willingness for the two accused Libyan nationals to surrender themselves voluntarily to the Secretary-General of the League of Arab States.

    1993-11-11 · UN Security Council · Security Council, S/PV.3312 (1993) · source

  14. It is curious that this resolution is based on Chapter VII of the Charter, which addresses situations of aggression that threaten international peace and security. This does not apply to the current dispute between Libya and the three aforementioned States which is a legal dispute that has to do with the extradition of two accused Libyan nationals. Such a dispute should be dealt with in a court of law, and specifically by the International Court of Justice. Alternatively, it should be addressed in conformity with Chapter VI of the Charter. Having found itself caught up in these events, how did Libya respond? It responded comprehensively, with the aim of arriving at the truth concerning these two regrettable incidents. It called for a legal, objective and neutral investigation regarding the accusations levelled at its two Libyan nationals.

    1993-11-11 · UN Security Council · Security Council, S/PV.3312 (1993) · source

  15. Here we should think of Similar conflict situations which could arise in the future and for dealing with which the international community should establish appropriate rules. The entire international community has been saddened by these two tragedies. We condole with the families of the victims and we associate ourselves with those who condemn the perpetrators of these two hideous crimes. We also unconditionally condemn terrorism in all its aspects. In this context, let us review the course of events and positions since the Council first began its consideration of this case. The Council adopted resolution 731 (1992), which imposed specific sanctions against the Libyan Arab Jamahiriya. It periodically reviews these sanctions, on the basis of cooperation or non-cooperation of the Libyan Arab Jamahiriya with the Council.

    1993-11-11 · UN Security Council · Security Council, S/PV.3312 (1993) · source

  16. The Council is today dealing with an item that has become established on its agenda. This is an inescapable reality that must be addressed. However, this should be done in consonance with the spirit of the Charter and especially on the basis of Article 33 of Chapter VI of the Charter. It is relevant to point out here, from the outset, that we appreciate the fact that this dispute is legal in nature and belongs in the courts and institutions directly concerned, and not in the Security Council, which is not mandated by the Charter to exercise such a function. Now that the Council is seized of this matter, the matter has, of necessity, become a political dispute which we are uncertain as to whether it could be addressed properly in its correct context.

    1993-11-11 · UN Security Council · Security Council, S/PV.3312 (1993) · source

  17. The crisis between the Libyan Arab Jamahiriya on the one hand and the United States of America, France and the United Kingdom on the other, concerning the downing of Pan Am 103 and UTA 772, has been dealt with by the Council for three full years. This crisis figured prominently in the news media in a manner that qualifies it to be considered as one of the most important legal disputes between States both in terms of the principles involved and of its position within the framework of international law. It is also an important case in terms of the requirements of justice, such as the availability of evidence, neutrality and the removal of any extraneous factors that might affect the case and conseguently the course of justice and, concomitantly, the nature of the verdict.

    1993-11-11 · UN Security Council · Security Council, S/PV.3312 (1993) · source

  18. Mr. YASIN (Sudan) (interpretation from Arabic): I wish to thank you, Sir, and through you the members of the Security Council, for giving me the opportunity to speak, on behalf of the Sudan and the States members of the League of Arab States, on the important issue before the Council today. I seize this opportunity to congratulate you most sincerely on your accession to the presidency of the Security Council for this month, the work of which is replete with highly significant issues. I also wish to congratulate your predecessor, Ambassador Sardenberg, the permanent representative of Brazil, who discharged his duties as President last month in an able and commendable manner.

    1993-11-11 · UN Security Council · Security Council, S/PV.3312 (1993) · source