"The perpetrators of the crimes committed in Libya since 2011 must be prosecuted" [fr]

ICC LIBYA

STATEMENT BY MR. BRICE FODDA,
DEPUTY LEGAL ADVISER OF FRANCE TO THE UNITED NATIONS

TO THE SECURITY COUNCIL

(Translation from French)

New York, 23 November 2021

Thank you Mr. President,

I too would like to thank Prosecutor Khan for his report and for his presentation. I would like to reiterate our congratulations to him and wish him success in the accomplishment of the crucial missions that have been entrusted to him.

France reaffirms its unwavering support for the International Criminal Court and its staff, as well as its commitment to the independence of the Court. It will continue to cooperate actively with the Court, the only permanent international criminal court with a universal vocation, which plays an essential role in the fight against impunity. France will support reforms that will make the Court more effective.

With regard to the implementation of Security Council Resolution 1970, France recalls that the fight against impunity is one of the central elements in the resolution of the conflict and reconciliation between the Libyan parties. We count on the full cooperation of the Libyan authorities with the Court and UNSMIL. The visit of the Prosecutor scheduled for early next year will reflect the priority given by the Court to this case.

The death of the alleged perpetrators of the most serious crimes cannot be considered justice for the victims. All States, whether or not they are Parties to the Rome Statute, have an obligation to cooperate fully with the Court and its Prosecutor under Resolution 1970.

Mr. President,

The perpetrators of the crimes committed in Libya since 2011 must be prosecuted. All light must be shed on the atrocities that occurred in Tarhouna and in south of Tripoli. The crimes against migrants, refugees and detainees, which the Prosecutor’s report once again mentions, cannot go unpunished.

The principle of complementarity, which is the basis of the Rome Statute, must be given full force. We welcome the intensification of exchanges between the Office of the Prosecutor and the relevant Libyan courts and services. Access to the entire territory must be guaranteed and secure for international investigators.

The Security Council must continue to show determination in the fight against impunity and to prevent the commission of new crimes. France welcomes the fact that Osama Al Kuni Ibrahim was placed under sanctions in October by the Sanctions Committee because of serious human rights violations committed by him, including torture and violence.

Mr. President,

The effectiveness of the fight against impunity will also depend on progress in the political process in Libya. The prospect of parliamentary and presidential elections starting on December 24, 2021 offers the possibility of a lasting peace. On November 12, France organized an international conference for Libya, co-chaired by Germany, Italy and Libya and co-organized with the United Nations. This conference reaffirmed the support of the international community and Libyan actors for the electoral process and the withdrawal of mercenaries, combatants and foreign forces. In accordance with the commitment of all the participants in the Paris conference, we must now work to implement the commitments of the Libyan roadmap, endorsed by the Security Council.

France will remain mobilized in favor of the political transition in Libya, alongside its European partners and Libya’s neighbors.

Thank you Mr. President.

Dernière modification : 03/01/2022

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