United Nations Security Council Briefing on Libya by the ICC Prosecutor

Posted by admin
Posted in UNSC

Distinguished Council Members,
I would like to join previous speakers in thanking Mr. Karim Khan, Prosecutor of the International Criminal Court (ICC) for the twenty-fourth report on the Libyan file to this Council and to also express my thanks to Ambassador Taher M. El-Sonni of Libya for participating in this meeting.

Distinguished Council Members
The in-situ briefing by the Prosecutor, Mr. Khan, from Tripoli, following the one from Khartoum, demonstrates the Office of the Prosecutor’s dedication and commitment to duty towards ending impunity. We convey our support for his efforts.

On the substantive issues in the report, Ghana wishes to highlight the following four points:

(a) First, we note the efforts and steps being taken by the Office of the Prosecutor to establish enhanced dialogue with the Libyan authorities in the implementation of the principle of complementarity, which is one of the cardinal principles of the Rome Statute. Ghana sees the placing of emphasis on identifying opportunities for the provision of support to relevant actors in Libya towards accountability as a step in the right direction and we take this opportunity to call on the competent Libyan authorities to cooperate with the Office in that regard. We also note, in particular, the meetings held from 20th to 23rd June 2022 between the Deputy Prosecutor and the Libyan Attorney General; the Military Prosecutor; the Acting Head of United Nations Support Mission in Libya (UNSMIL); and forensic experts from the Judicial Forensic Expertise Office in Tripoli and the General Authority for the Search and Identification of Missing Persons as well as representatives of civil society organisations and members of the diplomatic corps in Tripoli and Tunisia as positive developments. We join the Prosecutor’s call to the Libyan authorities to:

i. provide access to documentation relevant to investigations of the Office;

ii. support engagement with relevant technical authorities in Libya including those involved in forensics and crime scene analysis;

iii. ensure prompt responses to all requests for assistance submitted by the Office, and,

iv. finally ensure prompt responses to all visa applications submitted by the Office to the relevant Libyan authorities to enable the Office carry out its mandate expeditiously.

(b) Second, whilst calling on the Court to carry out its mandate enshrined in the Security Council referral, Ghana is not oblivious to the challenges facing the Court in the light of the current complex political and security situation in Libya. Ghana is, however, hopeful that with the appointment of SRSG Bathily his current efforts would yield the needed results to enable the political and security situation to improve.

c. Third, during the last briefing to this Council, Ghana highlighted the importance of witness protection: before, during and after the trial process. We are happy to note that the Office of the Prosecutor has taken measures to empower victims, witnesses and affected communities through an enhanced presence in the region, the use of remote screenings and interviews and by strengthening its ability to interface with victim groups and civil society organisations, with ensuring the security and safety of witnesses at the heart of this approach. It is further gratifying to note that the Office provides psychosocial and protection support through the Victims and Witnesses Section to ensure that victims are fully supported to enable them exercise their right to contribute to the process of accountability.

Finally, on the trafficking of persons, illegal detention and maltreatment of migrants, Ghana notes with appreciation that ongoing close cooperation with other countries and agencies led to the recent arrest and extradition of two key suspects of crimes against migrants and refugees from Ethiopia to the Netherlands and Italy respectively. We take this opportunity to thank the Governments of the United Kingdom of Great Britain and Northern Ireland, Europol, and Interpol, among others for their support. We call on the competent Libyan authorities to respect the human rights of migrants and also protect them in accordance with international law. We, therefore, encourage the Office to continue with the proactive cooperation measures with the national authorities and regional organisations such as Europol to support domestic efforts to investigate and prosecute crimes allegedly committed against migrants as highlighted in paragraph 69 of the report.

Distinguish Council Members
In concluding, we encourage the Office of the Prosecutor to carry out its mandate by bringing perpetrators of atrocity crimes in Libya to face justice to bring succour to the families of victims.

I thank you.