January 29, 2023

UAE STATEMENT AT THE UN SECURITY COUNCIL MEETING ON THE INTERNATIONAL CRIMINAL COURT – THE SITUATION IN LIBYA

Madam President,

At the outset, we welcome the Prosecutor of the International Criminal Court, Mr. Karim Khan. We take note of his briefing. We also welcome Ambassador Taher El-Sonni in our meeting today.

We would like to note the importance of making the report of the Prosecutor of the ICC on Libya available to Council members in a timely manner, preferably at least four working days before the date of the meeting. This is the standard we apply to reports of the Secretary General in accordance with paragraph 64 of Note 507, our guiding document on working methods.

Madam President,

Two weeks ago, and in response to the reality and course of events in Libya, this Council adopted a substantive and integrated resolution to extend the mandate of the United Nations Support Mission in Libya. We believe that this resolution, together the vigorous efforts being made by the Special Representative, Mr. Abdoulaye Bathily, are extremely important to regain momentum in the political process, resume facilitating consultations among Libyans to create suitable conditions for holding elections, and reaching a peaceful and real settlement in Libya, led and owned by Libyans.

In the context of today’s discussion, I would like to focus on the following three issues:

First, achieving accountability and transitional justice is a national sovereign prerogative of states, which requires Libyan concerns to be taken into consideration while developing strategies by the Office of the Prosecutor.

Cooperation with the relevant national authorities in Libya must be continued and strengthened through meetings and contacts, the most recent of which is the current visit of the Prosecutor of the International Criminal Court to Libya. As this will enable the relevant actors to take concrete steps at the national level and will contribute to the existing efforts made in accordance with the memorandum of understanding signed between the Office of the Libyan Public Prosecutor and the Office of the Prosecutor of the International Criminal Court, in accordance with the Court’s jurisdiction.

Second, with regard to the investigation of crimes committed against migrants, which is one of the urgent priorities of the International Criminal Court, we stress the need for investigations to be carried out within the proactive cooperation with the national Libyan authorities, while supporting their local efforts in this regard.

We take note of the arrest of two suspects involved in smuggling individuals from Africa to Europe via Libya, as a positive step towards holding the perpetrators accountable for their crimes against migrants. We stress here the importance of continuing international cooperation in dismantling the networks of transnational organized crime, including in countries of origin, destination, and transit.

Third, according to international law, states have the primary responsibility to address and ensure accountability for crimes committed in their territory according to their jurisdiction, including atrocity and grave crimes. States are also responsible for fighting impunity and seeking justice for victims. We would also like to emphasize here that compliance with the principle of complementarity under the Rome Statute of the ICC requires respect for the views and positions of the state concerned. We emphasize once again that achieving accountability and transitional justice is a sovereign prerogative of states.

In conclusion, we affirm the UAE support for the efforts made by the United Nations in support of Libya, and we hope that concerted efforts are made to realize the aspirations of the people of Libya.

Thank you, Madam President.

Source: UAE Mission to UN