May 14, 2024
Thank you, Mr. President. And thank you, Prosecutor Khan, for your briefing to the Security Council on the Office of the Prosecutor’s work on the situation in Libya.
The International Criminal Court has an important role to play in the international system of justice, and the work of the ICC in Libya supports our collective pursuit of accountability, peace, and security.
The United States commends the extraordinary dedication of the Court’s staff and the sustained efforts to investigate and prosecute those most responsible for the heinous atrocities committed against the Libyan people and individuals who find themselves on Libyan territory since February 2011.
The Prosecutor’s most recent report to the Council reflects considerable progress in the past six months. The investigative and cooperative activities undertaken by the Office of the Prosecutor – including conducting numerous missions to Libya, accelerating its engagement with national authorities, and deepening its engagement with civil society partners – have enhanced the foundations for accountability in the face of ongoing challenges in Libya and a difficult operating environment.
We congratulate you on the increase in momentum around investigations into the four priority areas of inquiry, on the Office’s development of a rigorous process for prioritization, on preparations underway toward seeking additional arrest warrants, and on efforts to commence trial proceedings expeditiously. The acceleration of these activities is all the more important as the Office is concluding the investigative phase as part of the implementation of the ICC’s Libya strategy and roadmap.
We call on Libyan authorities to do more to support and advance global accountability efforts and to enhance cooperation with the ICC, including in ensuring that all those subject to arrest warrants face justice as soon as possible. Former senior officials of the Qaddafi regime, such as Saif al-Islam Qaddafi, who is still subject to an ICC arrest warrant on charges of crimes against humanity, must face justice.
The United States also recognizes with gratitude the engagement between the Libyan authorities and the ICC in cooperation and promoting complementarity pursuant to the two-track approach identified in the OTP’s recent policy paper on complementarity and cooperation.
We urge Libya’s continued cooperation in keeping with Resolution 1970 in all aspects of the current investigations, including the issuance of visas to facilitate field work, iterative engagements with senior Libyan officials and technical experts, and establishment of a field office in Tripoli.
We also encourage ongoing collaboration, collective investigative activities via the Joint Team, and two-way information sharing with other national authorities focused on crimes committed in Libya, particularly those affecting migrants, an area of concern emphasized by the Council in Resolutions 2647, 2702, and 2698. We recognize the importance of this work continuing in parallel with proceedings before the Court and beyond.
The United States also commends civil society and survivor engagement and the commitment of your office to implementing trauma-informed approaches. The United States welcomes the increased contact with victims and civil society organizations in Libya as crucial to the delivery of justice for victims who have waited far too long to be heard.
Victims and survivors deserve justice, which can be a powerful, stabilizing force for Libya’s future. We particularly appreciate the emphasis on empowering victims and survivors and on witness protection, including the provision of psychosocial support, which must be paramount during and beyond the trial proceedings. We also encourage organs of the Court to ensure greater transparency and participation for victims and the affected communities in its work.
We continue to believe that resolving political uncertainty and promoting accountability will go a long way towards addressing the chronic instability in Libya, including the mobilization of armed groups. Human rights violations and abuses will continue unless meaningful steps are taken to resolve these issues and promote accountability.
A critical step towards peace and stability is the withdrawal of all armed groups and mercenaries from Libya without further delay, in line with Security Council Resolution 2656 and the October 2020 Libyan ceasefire agreement. The people of Libya deserve stability and justice, and we support the International Criminal Court’s effort to help bring justice to the people of Libya.
Thank you, Mr. President.