Ministry Statements & Speeches:
New Zealand appreciates the opportunity to engage with the Prosecutor on the situation in Libya.
We are concerned about the continued violence and political crisis in Libya, and the impact of the crisis on Libya’s neighbours, the Sahel states, and the wider African Union. The Prosecutor highlighted that atrocities, including indiscriminate attacks against civilian areas, unlawful imprisonment and torture continue unabated. We also share the Prosecutor’s deep concern about grave crimes against civilians in Libya committed in the name of ISIL/Da’esh. The Security Council has spoken as one about its commitment to work with Libya to combat this terrorist threat and to hold those responsible for such attacks accountable.
While the urgent political and security challenges in Libya are legitimately at the top of this Council’s mind, we pursue these with a longer term vision. A successful conclusion to the UN-led political process is central to creating the conditions necessary for a lasting, Libyan peace. To ensure sustainable peace, the international community must partner with Libya and support it in rebuilding justice institutions and strengthening rule of law. As Ambassador Dabbashi, who is in the Council today, has recognised repeatedly, accountability for past crimes and effective transitional justice are central to these efforts.
The present violence and absence of state control in Libya makes the pursuit of justice particularly difficult. We recognise the enormous strain the current situation puts on the Libyan authorities, and that is why it is important that the Council and the UN – through UNSMIL and SRSG Leon – work with the Libyan authorities to support their efforts.
Despite these challenges we are pleased that the Prosecutor continues to receive cooperation from the Libyan Prosecutor-General and the Memorandum of Understanding is still being implemented.
This groundwork should help to ensure the cases against Saif Gaddafi and Abdullah Al-Sanussi proceed as quickly as possible and support Libya in meeting its obligations under the Rome Statute and resolution 1970. It is important – not only to meet Libya’s obligations, but for the credibility of the final judgement – that domestic proceedings against Abdullah Al-Sanussi progress expeditiously and in line with due process requirements. As for Saif Gaddafi, we note the Pre-Trial Chamber’s finding on non-compliance in December, and join the Prosecutor in encouraging Libya to reach out to the Court to resolve any issues that prevent them in surrendering Gaddafi.
We appreciate the Prosecutor consistently raising the plight of internally displaced persons in Libya, in particular the acute situation of the Tawerghans. While the Tawerghans have not yet been able to return to their land, we welcome the framework agreement struck between the municipalities of Misrata and Tawergha on the margins of the UN-facilitated talks. A durable agreement that assists the return of the Tawerghans to their land after four years would send an important message to other groups in Libya, that reconciliation, including at a national level, is achievable.
We recognise that the ability for the Prosecutor to expand investigations into other alleged crimes is hampered not only by the security situation but a lack of resources. This Council needs to think seriously about what it can do to support the mandates it gives to the Court.
The Security Council should not approach these six monthly briefings as simply a “compliance exercise”. This is a chance to share constructive, concrete ideas for ways this Council, the wider UN system and international partners can support Libya’s efforts to bring justice to victims. In this regard, we appreciate the Prosecutor’s suggestion that a judicial contact group could be established to better coordinate the provision of material and legal support to the Libyan authorities.
I wish to end, Madam President, by recognising the presence of the Libyan Permanent Representative here today. This is testament to Libya’s determination to maintain a positive dialogue with the Court.