Ministry Statements & Speeches:
Thank you Mr President, and we thank Ms Bensouda for her briefing.
The crisis in Libya over the past five years has exposed its people to grave violence and violations of their basic human rights It has brought chronic instability and conflict and has left the people at the mercy of armed militias and violent extremists.
The only way this environment of chaos and impunity can be brought to an end is through the establishment of a legitimate, unified and effective government.
We welcome developments towards this goal over the past six months. The conclusion of the Political Agreement, the progress in establishing a Government of National Accord (GNA), and the arrival of the Presidency Council in Tripoli represent vital steps forward. It is essential, however, that the international community, including this Council, stand ready to to swiftly provide necessary support to Libya.
Only by reestablishing government authority and strengthening core state institutions will it be possible to make progress on restoring the rule of law, protecting basic human rights, and achieving justice for past violations. This is equally true of implementation of the Security Council’s referral of Libya to the International Criminal Court.
Prosecutor Bensouda’s report illustrates the challenges of pursuing accountability in Libya. Taking forward the ICC’s investigations has required patience, determination and flexibility.
The security situation continues to make it impossible for ICC staff to undertake investigations on the ground. As noted in the Prosecutor’s report, Saif Al Islam Gaddafi is detained in an area described as “unavailable” to the Libyan state. In these circumstances, the Prosecutor’s approach of engaging directly with those detaining him in order to secure his surrender to the ICC appears the only viable option. This will also involve pratical engagement with, and assistance from, the GNA. We are pleased that the Prosecutor and Libyan Prosecutor-General’s Office have continued their close collaboration. We expect this to continue with the GNA, and look forward to engagement between the Prosector and the GNA getting under way. We note the Prosecutor is likely to apply for additional warrants in light of newly acquired evidence. We will defer to the Prosecutor’s independent judgement in this. But we would join her and other speakers in stressing that the ICC is not a panacea for all the accountability challenges facing Libya. The ICC is a court of last resort. It was never intended to take the place of national justice systems. Rather it is complementary to those systems, whether they be regular courts or transitional justice mechanisms.
The only effective long term solution is to strengthen Libya’s domestic capacity to maintain the rule of law and address impunity. The international community and the UN system need to be prepared to respond promptly to the GNA’s requests for assistance in a range of areas, including the justice sector.
Domestic judicial options are likely to remain constrained in the short term. We therefore support the Prosecutor’s suggestion that all involved in Libyan cases develop a coordinated investigative and prosecutorial strategy, prioritising action against those who pose a threat to Libya’s stability.
Attacks on civilians, particularly by ISIL continue with impunity in Libya. We note the Prosecutor is currently assessing the potential to expand ICC investigations to cover such attacks. We would welcome measures that could achieve accountability for the horrific crimes committed by ISIL and other extremist groups. We appreciate the practical challenges this presents, and look forward to the Prosecutor’s future reporting on options in this regard.
Finally, Mr President, when it comes to its relationship with the ICC, as in all other matters, the Security Council must follow through on its decisions. This is a basic question of credibility and means providing the ICC with all the necessary support for any referrals it makes, including in relation to findings of non-cooperation. It requires sustained engagement and political will.
As an ICC State Party, New Zealand is well aware of the substantial costs associated with Security Council referrals. We therefore have sympathy for the Prosecutor’s call for additional resources if she is to take on more investigations in Libya, especially any not contemplated at the time of the original referral. If the Council creates new responsibilities for the ICC, then the UN cannot simply wash its hands of the financial implications.
At the very least, this Council should not obstruct open discussions on this issue, but should defer to the General Assembly, which has the prerogative and mandate to determine funding issues.
Thank you Mr President.