S/PV.6731 Security Council

Wednesday, March 7, 2012 — Session 67, Meeting 6731 — New York — UN Document ↗

Provisional
In accordance with rule 39 of the Council’s provisional rules of procedure, I invite Mr. Ian Martin, Special Representative of the Secretary-General and Head of the United Nations Support Mission in Libya, to participate in this meeting. The Security Council will now begin its consideration of the item on its agenda. I wish to draw the attention of Council members to document S/2012/129, which contains the report of the Secretary-General on the United Nations Support Mission in Libya. I now give the floor to Mr. Martin. Mr. Martin: Although it was only a week ago today that I briefed the Council on the situation in Libya, it is a privilege to do so again in the presence of the Prime Minister of Libya, Mr. Abdurrahim El-Keib. I do not need to repeat aspects of my last briefing, since the Council has the Prime Minister to inform it of the latest developments and their context, although I will of course be pleased to update my own assessment in informal consultations. I will open by referring to just one sad event of the past week. On 3 March, an international colleague from the non-governmental organization Danish Church Aid, an implementing partner of the United Nations Mine Action Service (UNMAS), was killed while carrying out mine clearance operations near Daphnia. This tragic incident demonstrates the hazards that will still be faced by the Libyan people for a long time to come, as well as the courage of the mine action teams that are working diligently to reduce this contamination. Since the Council extended the mandate of the United Nations Support Mission in Libya (UNSMIL) on 2 December last year for an additional three months, UNSMIL has engaged in a comprehensive planning process, following the integrated mission planning guidelines that include consultations across the United Nations system and with the Libyan authorities, civil society organizations and international partners. The results of this process are outlined in the report of the Secretary-General that is now before the Council (see S/2012/129). The planning process and the consultations with Libyan interlocutors reaffirmed the continuing relevance of UNSMIL’s mandate, as set out in resolutions 2009 (2011) and 2022 (2011), but it has also helped to define the areas in which we need to engage more deeply in the coming 12 months. From the outset, we have pursued a phased approach and have not sought to apply any template. This has helped us to explore in Libya and with Libyans what the United Nations should do and how we should do it. I believe that we are thus now well able to recommend a mission concept tailored to the needs of Libya and to its uniqueness. I have highlighted this uniqueness in previous briefings. Libya is a country rich in resources and does not need traditional donor support. It is a country with skilled personnel ready to lead their nation in many fields. But 42 years of dictatorship and long periods of international isolation have left Libya weak in the institutions of a modern, democratic State. The people of Libya now look forward to free elections, a democratic constitution, transparency, accountability, and the rule of law, including security forces subject to civilian control and protecting the people, not a regime. They are determined to maintain national ownership of their future, but they are hungry to learn of international experience and best practices. The role of the United Nations must be to support their efforts, where and when needed, in a flexible manner that does not impose a heavy international presence. The Secretary-General’s report proposes that in the coming 12 months, UNSMIL should focus on five areas: the democratic transition and electoral processes; public security; arms proliferation and border security; human rights, transitional justice and the rule of law; and coordination of international assistance. Those proposals are fully consistent with the request of the transitional Government of Libya, as set out in the letter to the Secretary-General from Prime Minister El-Keib. Our support to Libya’s democratic transition would focus primarily on the organization of the June 2012 elections for a national congress and the subsequent constitutional process, which is to culminate in a referendum. This will require sustained and predictable support from UNSMIL’s integrated electoral section, with the participation of the United Nations Development Programme (UNDP) and the United Nations Office for Project Services, not only in technical areas, but also in order to ensure civic awareness and informed participation in the elections. This support began already in 2011, and it must not only be continued but increased as we get closer to the elections. UNSMIL’s support would then be extended to Libya’s subsequent electoral and constitutional milestones. The electoral staff thus needs to constitute the largest component of UNSMIL for the next 12 months. At the same time, UNSMIL would provide support to reconciliation efforts at the national and local levels, when requested. As regards public security, UNSMIL would support Libyan efforts to develop an effective and accountable security sector that respects human rights, upholds the rule of law and has the confidence of Libya’s people. To this end, the Mission’s role would include the provision of strategic and technical advice to national stakeholders on security sector-wide issues, including those pertaining to the integration or demobilization and reintegration of ex-combatants, the control of weapons, and civilian oversight and management. One of the critical tasks over the year ahead will be to establish an accountable and professional police service throughout the country that performs a range of policing functions in accordance with human rights principles and that enhances the confidence of the Libyan people in the State’s ability to provide security and justice. To that end, by deploying a range of specialists and police experts, UNSMIL would provide strategic and technical advisory services to the Ministry of the Interior on issues of oversight and management, command and control, strategic and operational planning, training, the integration of ex-combatants into the police, and elections security. Stability within Libya and the region also hinges on the ability of the Libyan authorities to account for and control the large quantities of arms, including heavy weaponry, man-portable air defence systems and related materiel, and to address the threat of arms trafficking and proliferation through close collaboration with neighbouring countries, as well as the relevant regional and international institutions and mechanisms. UNSMIL would therefore continue to support them in their efforts to counter arms proliferation. In this regard, the Mission would continue to facilitate the engagement of international bodies, such as the Organization for the Prohibition of Chemical Weapons and the International Atomic Energy Agency. UNSMIL’s work against arms proliferation would be implemented through an integrated United Nations structure, leveraging expertise in UNMAS, UNICEF and UNDP. Preventing arms proliferation is of course closely linked to the security of Libya’s borders, but the issue of border management cannot be reduced to this aspect alone. Working with the European Union in particular, UNSMIL would therefore support the implementation of a comprehensive border management approach that would involve several ministries and require cooperation with neighbouring countries. Since the Council gave UNSMIL a specific mandate to undertake this work, a senior adviser has spearheaded our efforts, and it would be important to intensify cooperation with Libya’s neighbours, which the Government is seeking to promote through the regional security conference it will convene in Tripoli next week. As outlined in the report of the Secretary- General, moving from the 42 years of human rights violations in Libya to the full protection of human rights will be a major indicator of success of the democratic transition. Recent events and reports have demonstrated that this is a task that requires strong support and constant vigilance. UNSMIL therefore plans to give high priority to supporting the Libyan authorities and civil society in ensuring that the transition, including the transitional justice process, is anchored in solid rule of law systems, institutions and practices, and in respect for human rights. This support would be provided by an enhanced component of the Mission, as well as through the mobilization of specialized expertise. It would include building the capacity of the Libyan institutions in the judicial and corrections system, with UNSMIL addressing the most immediate issues in partnership with longer-term capacity development through UNDP and the United Nations Office on Drugs and Crime. Our plans are fully consistent with the specific recommendations for the role of UNSMIL made in the report of the International Commission of Inquiry on Libya (A/HRC/19/68), with which we have had a continuing dialogue in the course of its important work. Finally, the past months have demonstrated the need for the coordination of international assistance to Libya in all those and other areas. While I have reiterated the uniqueness of the Libyan context, as in other transitional contexts, multiple offers — and especially multiple visits — can present significant transaction costs for national authorities. The Libyan Government is under acute pressure to meet urgent priorities. In all of its mandate areas, UNSMIL would continue to support Libyan efforts to coordinate international engagement with a view to ensuring that offers of assistance are focused on Libyan-defined needs and implemented with minimum demands upon Libya’s already stretched capabilities. Where appropriate and as the Government requests, UNSMIL would facilitate the development of partnerships between Libya and international actors, including in areas where the United Nations lacks the mandate or the comparative advantage to respond directly to Libyan needs. The imminent establishment of representation in Libya of the African Union and the League of Arab States will be helpful in drawing upon regional expertise. Before concluding, I would like to emphasize two points that cut across all the proposed future activities of UNSMIL. First, it is important that the involvement of women in the revolution translate into fuller participation in the democratic transition. UNSMIL would have a dedicated capacity to support women’s empowerment in all areas of the mandate. Secondly, one must remember that the Libyan revolution, like all the movements of the Arab Spring, was the expression of the aspirations to change of the youth of the country. The young people of Libya expect to be fully involved in the transition, and this would be a constant concern of our efforts over the next 12 months. In delivering this proposed mandate, UNSMIL would maintain a light footprint, aiming to provide flexible, responsive and high-quality expertise to support the democratic transition and help the Libyan authorities to navigate the challenges associated with it. We recommend that this support be provided in the form of a structurally integrated mission to maximize the impact of the entire United Nations system. The proposed structure of UNSMIL would be based on a relatively small, high-level core staff, who would have advisory and coordination roles in their respective areas and would be able to mobilize additional support when needed. The additional expertise mobilized throughout the year would come from several sources, including Member States, regional and other organizations, and of course the United Nations country team. However, it would also be important for UNSMIL to have its own capacity to meet short notice requests for deployment. It is our intention to build on the conclusions of the report of the Secretary-General on civilian capacity in the aftermath of conflict (S/2011/527) to design new and more flexible ways to mobilize civilian expertise in support of the Libyans. Maintaining a capacity to respond to emerging needs is a key part of our mission concept. The year ahead will be one of the most important in Libyan’s history. The first time I addressed the Council as the Secretary-General’s Special Adviser to coordinate post-conflict planning for Libya, last June, I said that it was clear that, despite Libya’s financial and human resources, the post-conflict challenges would be substantial after decades in which it had been a matter of policy not to develop any of the institutions of a democratic, accountable State; and that the legacy of human rights violations and the absence of the rule of law would be a heavy one. The Council is about to hear from the first Prime Minister who has assumed the responsibility of addressing those challenges. It is a privilege for me and my colleagues to work with those Libyans who have committed themselves to building the future of their country, and I ask for the support of the Council in agreeing to the Government of Libya’s request and the Secretary-General’s recommendation that the mandate of UNSMIL be extended for 12 months in the manner set out in the report.
I thank Mr. Martin for his briefing. I now give the floor to Prime Minister El-Keib.
Permit me at the outset to extend to you, Sir, our congratulations on your assumption of the presidency of the Security Council for this month. I wish also to thank the Council for having invited me to speak before it today. It is a great honour for me to appear before the Council as the representative of the new Libya, free of the tyrannical regime that had strangulated its people for 42 years. I take this opportunity to express the gratitude of my people to the United Nations in general and the Security Council in particular for their courageous stand at the side of the Libyan people in its eight-month plight, and for their ongoing support in the transitional phase, which we hope will lead us to our goal of building a free, democratic State of institutions, the rule of law, respect for human rights and fundamental freedoms, and a multilateral system imbued with the spirit of tolerance, conciliation and justice. That is the State for which tens of thousands of martyrs sacrificed themselves, and we have taken it upon ourselves, in the eyes of Allah, not to betray their blood and to fulfil their aspirations. I take this opportunity once again to emphasize the commitment of the transitional Government to its international obligations, including those provided for under the United Nations Charter. Members of the Council are well aware that my country is suffering the legacy of a dictatorial regime that has adversely affected the various sectors of the State and deprived our young people of hope and the Libyan people of its right to development and prosperity. My country also suffers under the vestiges of a war of liberation that destroyed our remaining institutions and a significant part of our infrastructure. A great number of pro-Al-Qadhafi elements, whose are hands are stained with Libyan blood and who plundered the public treasury, have yet to be brought to justice. Therefore, the ongoing transition is facing significant external and internal challenges. Concerted national efforts and the support of the international community are necessary if we are to meet those challenges and, by the end of the transition, reach safety with the adoption of a permanent constitution and the election of a parliament and a Government. These in turn will lead the country in the following phase towards the achievement of our people’s ambitions for progress and prosperity. Despite the domestic challenges and the rising expectations of our people, the transitional Government has achieved much in less than four months. The transitional Government has made the objective of restoring justice and strengthening sovereignty its highest priorities in the belief that the cardinal concern of the State and citizens alike is security. While some isolated incidents erupted in recent months in various pockets around the country, our security authorities managed to contain them. The entrenchment and stability of the State were manifest in the great celebrations in which the Libyan people voluntarily came out in the cities and villages to commemorate the first anniversary of the 17 February revolution. Nothing happened to disturb security or cause turmoil. Our Government has an integrated policy to reintegrate and absorb the revolutionaries. It has formulated a plan to involve the revolutionaries in State institutions. Some 10,000 revolutionaries have been integrated into the Ministry of the Interior and 6,000 in the Ministry of Defence. More than 12,000 revolutionaries will be integrated into that Ministry. Another 10,000 will be sent to training seminars in brotherly States. The Government has also established an authority on ex-combatants to provide revolutionaries an opportunity to enter various professions. We attach particular attention to disarmament and to the non-proliferation of weapons of mass destruction and man-portable air defence systems (MANPADS), given the threat they pose to national and international security alike. We cooperate closely with the United Nations Support Mission in Libya and with the Organization for the Prohibition of Chemical Weapons. I would like to take this opportunity to reassure the international community that the chemical weapons hidden by the former regime that have been found are under control. In cooperation with the Secretariat and various brotherly States, we are trying to destroy those weapons in accordance with an agreed time frame. With regard to the yellow cake nuclear material, it too is under control. International Atomic Energy Agency inspectors have visited storage sites and have made sure that they are safe. With regard to conventional weapons, ammunition and MANPADS, strenuous efforts are under way to cooperate with international partners to collect, control and prevent the smuggling across the border of such weapons. In that connection, my Government has called for the holding of a regional ministerial conference on border security, to be held in Tripoli on 11 and 12 March. The meeting will include defence and interior ministers and heads of security agencies from Algeria, Chad, Egypt, Mali, Morocco, Niger, the Sudan and Tunisia. The purpose of the conference is to coordinate efforts to control and monitor borders, address illegal immigration, prevent weapons smuggling, combat drugs and address the activities of pro-Al-Qadhafi elements, who still operate freely in some neighbouring States and continue to pose a grave threat to the security of Libya and of its neighbours. In support of our efforts to achieve internal security and stability and to protect our long borders, we call upon the Security Council, with all due respect, to lift the embargo on military equipment and weaponry so that we can re-equip our military forces and police so that they can carry out their duties. There is no doubt that national reconciliation is a prerequisite for the restoration of social harmony and stability. It is a sine qua non for the building of the new Libya based on respect for human rights. Laws on transitional justice and national reconciliation have recently been put in place. In accordance with Libya’s social heritage, reconciliation committees have also been established, which include political and religious leaders and social and civil institutions that contributed to the settling of many differences among the tribes, which led to the return of displaced persons to their villages and cities. Genuine reconciliation can be achieved only by trying the criminals, speeding up trials and meting out punishment to the guilty. Efforts are also being made, in cooperation with international civil organizations and partners, to strengthen the concept of national reconciliation and transitional justice. With a view to fostering transitional justice, an amnesty law has been enacted for certain crimes committed prior to 17 February 2011. The law covers various crimes, except assassination, murder, abduction, torture and the theft of public and private money. With regard to pro-Al-Qadhafi elements who committed grave violations against the Libyan people, they will be brought to justice. In that connection, the so-called Saif Al-Qadhafi will be tried in accordance with the principles of justice and fairness. On behalf of the Libyan people, through the Council we call upon the international community to seriously cooperate with us in ensuring justice by surrendering pro-Al-Qadhafi elements who committed crimes against the Libyan people, including returning the money in their possession. We hope to cooperate with the various parties. Many fugitives are still at large, and pose a grave threat to the security of Libya and the region. The human rights situation in Libya is one of our main concerns, as well as a national priority. In that connection, Libya has cooperated with the Human Rights Council International Commission of Inquiry during its field visits to various Libyan cities and regions. The Government has adopted numerous legal and practical measures to restore judicial and police control over many jails. The laws that restricted freedoms and hindered the spread of a culture of human rights have been annulled. The State has established the National Council for Public Liberties and Human Rights to monitor violations and receive complaints. We acknowledge that there have been some violations of human rights. However, I would like to emphasize that those were isolated rather than systematic incidents. They were due to the fact that some revolutionaries were not aware of the principles of international law and international humanitarian law. A ministerial committee led by the Minister of Justice has been set up to look into those violations. The Transitional Government is committed to determining the destiny of the people who went missing during the revolution. The Ministry for Assistance to the Families of Martyrs and Missing Persons has taken many important steps, including the setting up of national committees to determine the destiny of the missing, without distinction. The Transitional Government therefore urges the international community and our partners to provide us with technical expertise and financial support in this endeavour. The Government is doing its best to improve the situation regarding the displaced by providing them with adequate shelter that meets standards of human dignity, including providing the necessary humanitarian assistance. The Government has also paid considerable attention to treating the wounded and the sick. We have sent more than 30,000 wounded for treatment outside the country. The complete legitimacy of the executive and legislative authorities in Libya can only be achieved through elections. Strenuous efforts are therefore being made to develop a legal framework to ensure the transition from the revolution to the State. The electoral law has been adopted and the Higher National Electoral Commission has been established. Electoral constituencies will be defined within the set time frame. An institutional authority that represents all sectors of society will be elected. We promote the role of women in social, political and economic life to enable them to assume decision-making positions. In that regard, the electoral law provided for competitive listings to ensure the equality of men and women in the elections. In order to promote multilateralism in the new Libya, we have laid the foundations for the establishment of parties and civil society organizations. Individual and joint initiatives are being taken in civil society organizations working in various fields. The Transitional Government is committed to taking the necessary measures for transparent elections to be held in a secure environment and on time. The Higher National Electoral Commission is therefore receiving full support with regard to its independence. We hope that it will continue its work and complete the work of the United Nations Support Mission in Libya (UNSMIL) in that connection. We look forward to strengthening those efforts in coordination with the international community. I would like to express our thanks for the recent international efforts to release frozen Libyan assets. We appreciate the Sanctions Committee’s agreement to delist the Central Bank of Libya and the Libyan Arab Foreign Bank. To that end, we call for the adoption of resolutions providing for the confiscation of funds of the Al-Qadhafi family and the remaining elements of his regime who are betraying Libya. We have taken positive and concrete steps to restore transparency in administering State resources. With regard to our foreign investments, I would like to express our deep concern that some States are not protecting Libyan investments despite the fact that the Security Council, in coordination and consultation with the Libyan Government, delayed freezing Libyan assets until they had been monitored, assessed and rationalized following the establishment of a new body to administer Libyan investments. We call on the international community to allow that institution to receive the assets. We appreciate the valuable and considerable cooperation with UNSMIL, as well as the advice that it provided to various Libyan authorities on such aspects. Libya’s signing of the agreement on the Mission demonstrates our appreciation, and we hope that such cooperation will continue. We seek to establish bilateral and multilateral relations on the basis of mutual respect and non-interference in the internal affairs of States in the belief that peaceful means are the only way to solve international conflicts, to put an end to terrorism and violence in all its forms, to respect human rights and fundamental freedoms, and to promote international peace and security, with the participation of constructive actors and other States. We look forward to establishing a free and open economy that fosters individual entrepreneurship and in which there are opportunities for all in line with their abilities, while not ignoring the State’s obligation to promote the prosperity of its citizens. Despite the fact that only a year has passed since the toppling of the despotic regime, there has been concrete progress, even if it has been achieved at the high cost of our people’s blood. Despite the fact that the first anniversary of the revolution was a time of happiness and celebration, we remember the killing and the sacrifices of our people as the price of freedom. Allow me to say that, as part of the Libyan people, I am extremely proud of their achievements. The Libyan people recognize and appreciate the extent of the contributions of the international community, in general, and of the United Nations towards the success of the revolution. We look forward to continued fruitful work with the United Nations over the coming year.
I thank His Excellency Prime Minister El-Keib for his statement.
We would like to welcome the Prime Minister of Libya to the Security Council Chamber. He faces great challenges, and we would like to wish him every success in overcoming them. In the presence of the Prime Minister, we would like to mention three issues that were not raised in the briefing. The first point is about the civilian casualties as result of the NATO airstrikes on Libya. The Security Council gives the issue great importance because the civilian deaths were caused by actions that it had sanctioned, whereas they were intended to protect civilians. On 3 November, the Secretary-General of NATO stated that Libya had no confirmed civilian casualties as a result of the airstrikes and that no further investigation was therefore needed. Nevertheless, there was an International Commission of Inquiry of Libya of the Human Rights Council. On 2 March, there was a report (A/HRC/19/68) that mentioned the deaths of dozens of civilians as a result of the airstrikes. But what we have, instead of a direct and honest reaction from NATO, is that things have gone back to square one. On 5 March, it was announced that no statement could be made about the casualties because “it was unable to verify the figures”. As we can see, NATO is coyly attempting to avoid responsibility with regard to a highly sensitive humanitarian matter. We expect NATO to recognize the existence of civilian casualties, to apologize and to say that it is ready to pay the appropriate compensation. We believe that the matter should have been properly resolved and that responsibility lies not only with NATO and the Security Council, but also with the new Libyan authorities. Their consideration of the matter of civilian casualties as a result of the airstrikes will show their commitment to the protection of human rights and will contribute towards national reconciliation. We call on the Secretary-General to work for a joint statement of the United Nations and NATO in order to bring the issue of civilian casualties as a result of the NATO airstrikes to a close. Secondly, we have expressed concern about the uncontrolled proliferation of Libyan arms in the region. However, it is not only weapons that are going abroad. There is information that there is a special training centre for the Syrian so-called revolutionaries in Libya, supported by the authorities. Its cadets are being sent to Syria to attack the legitimate Government. That is completely unacceptable on any legitimate grounds. That action is undermining stability in the Middle East. Given the fact that Al-Qaida is active in Syria, the question arises of whether the export of revolution is turning into the export of terrorism. Colonel Al-Qadhafi said that he was involved there as well, but surely issues need to be dealt with in their respective countries. It is clear that the transition period in Libya has been very difficult. Just a few days ago, in the east of the country, there were signs of separatism and the use of the force. We support the independence, sovereignty and territorial integrity of Libya. Nevertheless, we are convinced that all issues must be dealt with by political means through dialogue. Otherwise, the situation in Benghazi is going to turn into a tragedy.
We in the Security Council welcome the Prime Minister and are delighted to have him in our presence. We are grateful for his very helpful and constructive statement. I regret that our Russian colleague has found it necessary to raise the old canard yet again in the Security Council regarding NATO, but since he has, allow me to respond. The International Commission of Inquiry into the human rights situation in Libya concluded that NATO “conducted a highly precise campaign with a demonstrable determination to avoid civilian casualties” (A/HRC/19/68, summary). It also recognized that NATO’s objective was to take all necessary precautions to avoid civilian casualties entirely. In addition, we note NATO’s exceptional cooperation to assist the Commission of Inquiry in its work. NATO conducted operations in Libya to a standard exceeding what was required under international humanitarian law and in full accordance with the United Nations mandate to protect civilians and civilian-populated areas from attacks and the threat of attacks. The Commission’s mandate was to review all alleged violations of international human rights law. The Commission found no violation of international law on the part of NATO. NATO cooperated fully with the International Commission of Inquiry on Libya and provided a significant amount of information, much of which had to be declassified to assist the Commission in its work. NATO has looked into every credible allegation of harm to civilians that had been brought to its attention. That has involved a thorough assessment of NATO’s record, from target selection to any data gathered after a strike. The review process has confirmed that the targets NATO struck were legitimate military targets consistent with the United Nations mandate and international humanitarian law, with great care having been taken in each case to minimize risk to civilians. No target was approved or attacked if there was evidence or reason to believe that civilians were at risk. Hundreds of possible targets were passed up and others were aborted at the last minute to avoid any risk to civilians. Ultimately, it is up to the Libyan authorities to determine a way forward to review claims of civilian casualties. We will continue to coordinate with them on these efforts.
I, too, would like to welcome the Prime Minister of Libya and to assure him of our full support in the current crucial phase that his country is going through. I was not planning to take the floor but since the representative of the Russian Federation has done so, I will make a statement. The International Commission of Inquiry of the Human Rights Council has submitted its report on Libya (A/HRC/19/68), which is serious and comprehensive. It is above all a damning report for the forces of Al-Qadhafi that committed crimes against humanity, torture and other degrading treatment. With regard to NATO, as the representative of the United States has just pointed out, the report concludes that the alliance’s campaign was very precise and underlined its determination to avoid civilian losses and the effectiveness of the very strict procedures applied in the use of force. The truth is that, confronted with an adversary that was directly attacking its population and that did not hesitate to operate from mosques, schools and hospitals, NATO showed great restraint and was very discriminating in its use of force. Once the Commission was established, NATO fully cooperated with it and sustained an open and transparent dialogue. The information provided by NATO is annexed to the Commission’s report.
I would like to warmly welcome the Prime Minister of Libya and thank him for his statement. I want to assure him of Germany’s support for his Government and for the Libyan people. I want to respond to my Russian colleague about the NATO operations. As is well known, my country did not participate in the NATO operations undertaken in implementation of resolution 1973 (2011), but as my country is a member of NATO, I feel that I have to respond to my Russian colleague. The report of the International Commission of Inquiry of the Human Rights Council (A/HRC/19/68) covers NATO operations. As a member State of NATO, we took the allegations of civilian casualties very seriously. NATO fully cooperated with the International Commission of Inquiry on Libya and provided a significant amount of information, much of which had to be declassified to assist the Commission in its work. The Commission’s mandate was to review war crimes and violations of international humanitarian law, and its findings are that NATO’s operations do not fall in that category. I wish to highlight that the Commission has concluded the NATO “conducted a highly precise campaign with a demonstrable determination to avoid civilian casualties” (A/HRC/19/68, summary). The Commission also recognizes “NATO’s objective to take all necessary precautions to avoid civilian casualties entirely” (ibid, para. 89). NATO conducted operations in Libya in full accordance with the United Nations mandate to protect civilians and civilian-populated areas from attacks and threats of attacks.
Mr. Wang Min CHN China on behalf of Chinese delegation [Chinese] #144212
On behalf of the Chinese delegation, I should like to welcome the Prime Minister of Libya to today’s meeting and to thank him for his statement. I wish to make two points. First, the Libyan conflict led to the massive return of people to their homelands and to the proliferation of weapons, impacting the socio-economic development of Libya’s neighbours. That impact may continue for some time. We therefore believe that the Security Council should draw lessons from the way the Libyan issue was addressed. The Prime Minister of Libya said earlier that his country intends to convene a regional conference on the proliferation of weapons. We appreciate and welcome that effort. Secondly, the Human Rights Council recently established the International Commission of Inquiry. The Commission’s report (A/HRC/19/68) explicitly states that NATO’s airstrikes in Libya caused civilian casualties and that certain targets were not military facilities. The Commission also suggests that further investigations should be conducted. This finding is also in line with a number of media reports. China expresses its deep concern in that regard. These events bear on the correct implementation of NATO’s mandate under the Security Council’s resolutions and on the authority and gravity of those resolutions. The Council must therefore understand the situation as a whole. China supports the efforts of the Security Council to remain seized of the situation and to undertake further investigations of this case.
I call on Prime Minister El-Keib to make a further statement.
I should like to thank the representatives of the Russian Federation and China for their statements, and to inform them that the matter at hand, which concerns the blood of Libyans, should not be fodder for political propaganda on the part of any country against others. The Libyan Government has investigated the circumstances of the deaths of each and every Libyan civilian, and has enjoyed the cooperation of NATO with regard to certain excesses that may have taken place and led to the deaths of some civilians. I hope that the reason for raising this matter is not to impede or prevent the international community from intervening in situations in other States where the people are being massacred by their own rulers.
There are no more names inscribed on the list of speakers. I now invite Council members to informal consultations to continue our discussion on the subject.
The meeting rose at 4 p.m.