The most serious crimes committed in Libya since 2011 must all be investigated [fr]
BRIEFING BY THE PROSECUTOR OF THE INTERNATIONAL CRIMINAL COURT ON THE SITUATION IN LIBYA
STATEMENT BY MS DIARRA DIME-LABILLE
LEGAL COUNSELOR OF FRANCE TO THE UNITED NATIONS
TO THE SECURITY COUNCIL
(translation from French)
New York, November 8, 2023
BRIEFING BY THE PROSECUTOR OF THE INTERNATIONAL CRIMINAL COURT ON THE SITUATION IN LIBYA
STATEMENT BY MS DIARRA DIME-LABILLE
LEGAL COUNSELOR OF FRANCE TO THE UNITED NATIONS
TO THE SECURITY COUNCIL
(translation from French)
New York, November 8, 2023
Thank you, Mr. President,
On behalf of my delegation, I would like to thank Prosecutor Karim Khan for presenting his 26th report on Libya, and welcome the presence of the Permanent Representative of Libya in this room.
The International Criminal Court plays an essential role in combating impunity for the perpetrators of the most serious abuses and in responding to the need for justice expressed by victims, thus contributing to the integrity of a law-based international order. We reiterate our commitment to supporting and defending the principles and values enshrined in the Rome Statute, and to preserving its integrity. In this respect, France condemns the recent cyber-attack on the International Criminal Court, an unacceptable act which impedes the proper exercise of justice.
It reaffirms its full support for the Court and its staff in the fulfillment of their mandates and activities, aimed at bringing justice to the victims of the most serious crimes under international law.
In line with its constant position, and aware of the challenges it faces, France will continue to support the Court’s work through political, operational, human and financial support. In this respect, France takes careful note of the Bureau’s request for an increase in its budget in order to respond effectively to the risks identified in its new strategy regarding the situation in Libya, presented to this Council in April 2022 in its 23rd report, and not to impede its ability to fulfill its mandate.
Mr. President,
Turning now to the four principal lines of inquiry outlined in this strategy, France welcomes the progress made, and the positive indicators announced, namely with regard to the investigation of crimes committed during operations from 2014 to 2020, which is on the point of completion. We note that the Bureau intends to be able to outline a roadmap for the completion of its activities pursuant to Resolution 1970 in its next report.
Combating impunity for crimes committed in Libya will only be possible with active cooperation between the Criminal Court and the Libyan authorities. Here, France notes the fact that the floods of last September had an impact on a number of operational missions that could have been conducted by the Bureau. We take this opportunity to convey our condolences to the families of the victims of this disaster, and we guarantee them of our support and backing.
Despite this tragedy, Mr. President, France notes the efforts undertaken by the Office to strengthen and improve cooperation with the Libyan authorities. We particularly note the progress made by the Bureau with regard to detention centers and crimes perpetrated against migrants, as a result of this close cooperation. The arrest and prosecution of key suspects in crimes committed against migrants in Libya by competent national authorities, including using information, evidence and guidance issued by the Office of the Prosecutor, must be welcomed.
We continue to encourage Libyan authorities to cooperate with the Office of the Prosecutor, together with the new Dutch ambassador, particularly when it comes to access to documentation needed for investigations, collaboration with the relevant technical authorities, the issuing of visas and requests for assistance made by the Bureau. In this respect, the strengthening of the missions of the Joint Team for Libya and the progress made towards the establishment of a Liaison Office in Tripoli in 2024 deserve to be encouraged.
France also welcomes the fact that this reinforced assistance in Libya has enabled the Office of the Prosecutor to become more involved with victims, witnesses and affected communities. It also highlights the Office’s efforts to work closely with civil society organizations in the region, notably by holding a seminar on using the guidelines for organizations to document international crimes and human rights violations. This work must continue and discussions with civil society organizations must be intensified.
Mr. President,
The most serious crimes committed in Libya since 2011 must all be investigated and prosecuted, including crimes committed by Daech and crimes against migrants and refugees. The assistance provided to the Office of the Prosecutor in this area by international and regional organizations, as well as by representatives of civil society present in Libya, is invaluable. France also welcomes the coordinated investigative activities and international cooperation with third-party States and international agencies. We salute the various United Nations entities, in particular the United Nations Support Mission in Libya and the Independent Investigation Mission on Libya, which continue to provide strong support to the Office of the Prosecutor.
Mr. President,
Finally, we urge all stakeholders in Libya to commit to a sovereign, united, stable and democratic Libya. This is essential for the country and for regional stability.
Thank you.