Security Council Approves ‘No-Fly Zone’ over Libya, Authorizing ‘All Necessary Measures’ to Protect Civilians, by Vote of 10 in Favour with 5 Abstentions
Security Council
6498th Meeting (Night)
Demanding an immediate ceasefire in Libya,
including an end to the current attacks against civilians, which it said
might constitute “crimes against humanity”, the Security Council this
evening imposed a ban on all flights in the country’s airspace — a
no-fly zone — and tightened sanctions on the Qadhafi regime and its
supporters.
Adopting resolution 1973
(2011) by a vote of 10 in favour to none against, with 5 abstentions
(Brazil, China, Germany, India, Russian Federation), the Council
authorized Member States, acting nationally or through regional
organizations or arrangements, to take all necessary measures to protect
civilians under threat of attack in the country, including Benghazi,
while excluding a foreign occupation force of any form on any part of
Libyan territory — requesting them to immediately inform the
Secretary-General of such measures.
Recognizing the important role of the League of
Arab States in the maintenance of international peace and security in
the region, and bearing in mind the United Nations Charter’s Chapter
VIII, the Council asked the League’s member States to cooperate with
other Member States in implementing the no-fly zone.
The Council stressed the need to intensify
efforts to find a solution to the crisis that responded to the
legitimate demands of the Libyan people, noting actions being taken on
the diplomatic front in that regard. It further demanded that Libyan
authorities comply with their obligations under international law and
take all measures to protect civilians and meet their basic needs and to
ensure the rapid and unimpeded passage of humanitarian assistance.
In that connection, the Council specified that
the flight ban would not apply to flights that had as their sole purpose
humanitarian aid, the evacuation of foreign nationals, enforcing the
ban or other purposes “deemed necessary for the benefit of the Libyan
people”.
It further decided that all States should deny
permission to any Libyan commercial aircraft to land in or take off from
their territory unless a particular flight had been approved in advance
by the committee that was established to monitor sanctions imposed by
resolution 1970 (2011).
In tightening the asset freeze and arms embargo
established by that resolution, the Council this evening further
detailed conditions for inspections of transport suspected to be
violating the embargo, requesting States enforcing the embargo to
coordinate closely with each other and the Secretary-General on the
measures they were taking towards implementation.
It requested the Secretary-Secretary to create
an eight-member panel of experts to assist the Security Council
committee in monitoring the sanctions.
Introducing the resolution, the Foreign
Minister of France, Alain Juppé, said “the situation on the ground is
more alarming than ever, marked by the violent re-conquest of cities
that have been released”. The Security Council could not stand by and
“let the warmongers flout international legality”. The world was
experiencing “a wave of great revolutions that would change the course
of history”, but the will of the Libyan people had been “trampled under
the feet of the Qadhafi regime”. Earlier Council measures had been
ignored and violence against Libyan civilians had redoubled.
He said that the urgent need to protect the
civilian population had led to the elaboration of the current
resolution, which authorized the Arab League and those Member States
wishing to do so to take all measures to protect areas that were being
threatened by the Qadhafi regime. “We have very little time left —
perhaps only a matter of hours,” he said, adding that each hour and day
that passed “increased the weight” on the international community’s
shoulders.
Speaking after the vote, representatives who
had supported the text agreed that the strong action was made necessary
because the Qadhafi regime had not heeded the first actions of the
Council and was on the verge of even greater violence against civilians
as it closed in on areas previously dominated by opposition in the east
of the country. They stressed that the objective was solely to protect
civilians from further harm.
Lebanon’s speaker stressed that the text would
not result in the occupation of “one inch” of Libyan territory by
foreign forces. The representative of the United Kingdom pledged that
partners in the North Atlantic Treaty Organization (NATO) and the Arab
League were now ready to act to support the text.
The representative of the United States said
that today, the Council had responded to the Libyan peoples’ cry for
help. The Council’s purpose was clear: to protect Libyan civilians.
The Security Council had authorized the use of force, including
enforcement of a no-fly zone, to protect civilians and civilian areas
targeted by Colonel Muammar Al-Qadhafi, his allied forces and
mercenaries.
The representatives of China and the Russian
Federation, explaining their abstentions, prioritized peaceful means of
resolving the conflict and said that many questions had not been
answered in regard to provisions of the resolution, including, as the
Russian representative put it, how and by whom the measures would be
enforced and what the limits of the engagement would be. He said the
resolution included a sorely needed ceasefire, which he had called for
earlier. China had not blocked the action with a negative vote in
consideration of the wishes of the Arab League and the African Union,
its representative said.
The delegations of India, Germany and
Brazil, having also abstained, equally stressed the need for peaceful
resolution of the conflict and warned against unintended consequences of
armed intervention.
Statements were also made made by the representatives of Bosnia and Herzegovina, Colombia, Portugal, Nigeria and South Africa.
The meeting was opened at 6:25 p.m. and closed at 7:20 p.m.
Action on Draft
Speaking before the vote, ALAIN JUPPÉ, Minister for Foreign Affairs of France,
said the world was experiencing “a wave of great revolutions that would
change the course of history”, as people throughout North Africa and
the Middle East were calling for “a breath of fresh air”, for freedom of
expression and democracy. Such calls for democratic transition had
echoed through Tunisia, Egypt and Morocco. Everyone had witnessed the
events with great hope and he believed “this new Arab springtime is good
news for all”. The changes required the international community not to
“give lessons”, but to help the people of those countries build a new
future.
Yet, he said, while such transitions in other
countries had not been met with extreme violence, the will of the Libyan
people had been “trampled under the feet of the Qadhafi regime”, as
Colonel Muammar Al-Qadhafi mercilessly attacked his own people. In
light of those actions, the international community had responded
swiftly; the General Assembly had suspended the country from the Human
Rights Council, determining that the systematic and widespread attacks
could constitute crimes against humanity. In addition, the Security
Council’s earlier resolution had called for an immediate end to the
violence and had referred the situation in Libya to the International
Criminal Court.
Unfortunately, those measures had not been
enough and violence against Libyan civilians had been redoubled, he
said. Again, the international community had acted with unanimity,
particularly through the League of Arab States’ call on the Security
Council to enact a no-fly zone and the African Union’s strong call for
an end to the violence. “Yet, the situation on the ground is more
alarming than ever, marked by the violent re-conquest of cities that
have been released,” he said, stressing that the Security Council could
not stand by and “let the warmongers flout international legality”.
In light of that, France had been working
assiduously with the United Kingdom, the United States and other members
of the international community calling for means to protect the
civilian population. Those efforts had led to the elaboration of the
current resolution, which authorized the Arab League and those Member
States wishing to do so to take all measures to protect areas that were
being threatened by the Qadhafi regime. “We have very little time left —
perhaps only a matter of hours,” he said, adding that each hour and day
that passed “increased the weight” on the international community’s
shoulders. The Security Council had acted to ensure that democracy
prevailed.
The Council then adopted resolution 1973 (2011)
by a vote of 10 in favour to none against, with 5 abstentions (Brazil,
China, Germany, India, Russian Federation).
NAWAF SALAM (Lebanon) said that Libya
was suffering heavily, with hundreds of victims dying and thousands
displaced. Faced with those risks and the great danger of those crimes,
the United Nations had acted earlier, but Colonel Qadhafi had not
heeded those actions. Lebanon, agreeing with the League of Arab States,
had then called on the Security Council to establish measures to
protect civilians. The Libyan authorities had lost all their legitimacy
and the resolution was aimed at protecting Libyan civilians.
He stressed that the resolution would not have
as a consequence occupation of “even an inch” of Libyan territory. He
hoped that the resolution would have a deterrent role and end the Libyan
authorities’ use of force. He reaffirmed full support for the county’s
sovereignty, the need for full cooperation between the United Nations
and the League of Arab States, pursuant to Chapter VIII of the United
Nations Charter, and the necessity of a peaceful solution to the
situation. The resolution was fraught with hope for Libya and its
people, he concluded.
MARK LYALL GRANT (United Kingdom),
agreeing that the Libyan regime had lost legitimacy, had violated the
Council’s resolutions and was on the verge of assaulting Benghazi, said
he had pressed for the early adoption of the current resolution. He
pledged that partners in the North Atlantic Treaty Organization (NATO)
and the Arab League were now ready to act to support the text. The
resolution put the United Nations clearly behind the highest values of
the Organization.
PETER WITTIG (Germany) said the Security
Council’s intention was to stop the violence in Libya and send a
message to Colonel Qadhafi and his associates “that their time is over
[and] they must relinquish power immediately”. While the Council acted
on Libya, North Africa was undergoing major political changes, meriting
the international community’s full support. The aim should be to
promote political transition in Libya, stop the violence and begin a
true political process. “The people of Libya who have so clearly
expressed their aspirations for democracy should be supported,” he said,
adding that the Interim National Council was an important interlocutor
in that regard.
He said his country was particularly concerned
by the plight of the Libyan people and believed it was crucial to
tighten existing sanctions to “cut [the Libyan regime] off” from the
funds that had propped it up for so long. Decisions regarding the use
of military force were always extremely difficult to take. Indeed, in
the implementation of the resolution just adopted, Germany saw great
risks, and the likelihood of large-scale loss of life should not be
underestimated. Those that participated in its implementation could be
drawn into a protracted military conflict that could draw in the wider
region. If the resolution failed, it would be wrong to assume that any
military intervention would be quickly and efficiently carried out.
Germany had decided not to support the resolution and would not
contribute its own forces to any military effort that arose from its
implementation. Germany had abstained from the vote.
SUSAN RICE (United States) said that
today, the Council had responded to the Libyan peoples’ cry for help.
The Council’s purpose was clear: to protect Libyan civilians. The
Council had adopted an earlier resolution that had sent a strong
message, but Colonel Qadhafi and those that still stood by him had
continued to grossly and systematically violate the most fundamental
rights of the Libyan people. The Arab League had subsequently called on
the Council to take more stringent measures, and the current resolution
was an answer to that call, as well as a strong response to the
situation in the ground.
She said the Security Council had authorized
the use of force, including enforcement of a no-fly zone, to protect
civilians and civilian areas targeted by Colonel Qadhafi, his allied
forces and mercenaries. The text also tightened measures already
approved under resolution 1970 (2011). In addition, it established a
panel of experts to monitor short- and long-term implementation of the
sanctions. She stressed that the future of Libya should be decided by
the Libyan people. The United States stood with the people of Libya in
their struggle to exercise their fundamental rights.
MANJEEV SINGH PURI ( India), explaining
his abstention, expressed great concern over the welfare of the
population of Libya and supported the appointment of the
Secretary-General’s Envoy. The report of that Envoy and that of others
had not yet been received. As a consequence, today’s resolution was
based on very little clear information, including a lack of certainty
regarding who was going to enforce the measures. There must be
certainty that negative outcomes were not likely before such
wide-ranging measures were adopted. Political efforts must be the
priority in resolving the situation.
MARIA LUIZA RIBERIO VIOTTI (Brazil) said
her delegation was deeply concerned about the situation in Libya and
regretted that the “strong message” sent by resolution 1970 (2011) had
note yet been heeded. The Brazilian Government had earlier condemned
the violence being carried out by Libyan authorities and had called on
them to uphold and protect the right of free expression of the
protesters and to seek a solution to the crisis through meaningful
dialogue. Her delegation’s vote today should in no way be interpreted
as condoning the behaviour of the Libyan authorities or as disregard for
the need to protect civilians and respect for their rights.
She said that while Brazil stood in solidarity
with all movements in the region expressing their legitimate demands for
better governance, and had taken into account the Arab League’s call
for strong measures to stop the violence through a no-fly zone, it
believed that the resolution contemplated measures that went beyond that
call. “We are not convinced that the use of force as provided for in
operative paragraph 4 of the present resolution will lead to the
realization of our common objective — the immediate end of violence and
the protection of civilians,” she said, adding that Brazil was also
concerned that the measures approved today might have the unintended
effect of exacerbating the current tensions on the ground and “causing
more harm than good to the very same civilians we are committed to
protecting”. No military action alone would succeed in ending the
conflict. Protecting civilians, ensuring lasting settlement and
addressing the legitimate demands of Libyan citizens demanded a
political process.
IVAN BARBALIĆ (Bosnia and Herzegovina)
reiterated his delegation’s grave concern about the rapidly
deteriorating situation in Libya. The Libyan people desperately needed
humanitarian assistance, and the unimpeded access of that relief was an
absolute necessity. He called on Libyan authorities to end their
violence against the Libyan people and he believed the resolution was an
answer to their legitimate call and to the call of regional
organizations.
NÉSTOR OSORIO (Colombia) said his
delegation was convinced that the purpose of the new resolution was
essentially humanitarian and was conducive to bringing about conditions
that would lead to the protection of civilians under attack from a
regime that had lost all legitimacy. The Council had acted because the
Government, through its actions, had shown that it was not up to
protecting and promoting the rights of its people.
Colombia deplored the fact that the measures
under resolution 1970 (2011) had not been heeded. It was also concerned
that the current text had not been adopted unanimously. Colombia
believed that the best way to ratchet up the pressure on the Qadhafi
regime was to impose a no-fly zone, as called for by the League of Arab
States. The grave situation on the ground made it clear that all
conditions were present for the Council to enact further measures and
tighten the sanctions approved under resolution 1970 (2011).
VITALY CHURKIN (Russian Federation) said
he had abstained, although his country’s position opposing violence
against civilians in Libya was clear. Work on the resolution was not in
keeping with Security Council practice, with many questions having
remained unanswered, including how it would be enforced and by whom, and
what the limits of engagement would be. His country had not prevented
the adoption of the resolution, but he was convinced that an immediate
ceasefire was the best way to stop the loss of life. His country, in
fact, had pressed earlier for a resolution calling for such a ceasefire,
which could have saved many additional lives. Cautioning against
unpredicted consequences, he stressed that there was a need to avoid
further destabilization in the region.
JOSÉ FILIPE MORAES CABRAL (Portugal)
said his country had voted in favour of the text because the attacks
against civilians had continued after the passage of the last Council
resolution, and conditions were deteriorating. He affirmed that today’s
resolution addressed his country’s priorities, including protecting
civilians, facilitation of unimpeded humanitarian aid, promotion of a
national dialogue and guarantees for the territorial integrity and
independence of Libya. He supported all diplomatic efforts to resolve
the situation.
U. JOY OGWU (Nigeria) said the
resolution had been necessitated by the persistently grave and dire
situation in Libya. “The current State of affairs leaves an indelible
imprint on the conscience and compels us to act,” she said, adding that
her delegation’s persistent calls for peace were rooted in the need to
ensure the protection of civilians and the delivery of humanitarian
assistance to those most in need, many of whom were Nigerian nationals.
The League of Arab States and the African Union had spoken with one
voice in condemnation of the situation in Libya.
She said that while her delegation had
supported the current text, it also believed that foreign occupation was
not an option to ensure peace. Nigeria supported language in the
current text that negated that possibility. Nigeria was also encouraged
by the fact that the political path to a solution was endorsed in the
text. “Today, we have sent an unequivocal message to the Libyan people
that the dignity and safety of every man woman and child is paramount,”
she said, adding that when the fate of innocent civilians was in
question, the international community, undaunted, must be ready to
respond.
BASO SANGQU (South Africa) said his
delegation was deeply concerned by what was fast becoming a civil war in
Libya. He hoped it could be resolved in a peaceful manner, according
to the will of the Libyan people. Any solution must also preserve the
solidarity and integrity of Libya and, as such, South Africa supported
the dispatch by the African Union of a special mission to the country.
He encouraged that mission to work closely with the Secretary-General’s
newly appointed Special Envoy on finding a peaceful solution.
He said that South Africa regretted that the
Council’s previous resolution had not been heeded and believed that by
adopting the current text, the Council had acted responsibly to answer
the call of Libyan people. It would also speed humanitarian assistance
to those that needed it most. He hoped the letter and spirit of the
present resolution would be implemented in full.
Security Council President LI BAODONG (China),
speaking in his national capacity, said that the continuing
deterioration of the situation in Libya was of great concern to China.
However, the United Nations Charter must be respected and the current
crisis must be ended through peaceful means. China was always against
the use of force when those means were not exhausted. His delegation
had asked specific questions that failed to be answered and, therefore,
it had serious difficulty with the resolution. It had not blocked the
passage of the resolution, however, because it attached great importance
to the requests of the Arab League and the African Union. At the same
time, he supported the efforts of the Secretary-General’s Envoy to
resolve the situation by peaceful means.
The full text of resolution 1973 (2011) reads as follows:
“The Security Council,
“Recalling its resolution 1970 (2011) of 26 February 2011,
“Deploring the failure of the Libyan authorities to comply with resolution 1970 (2011),
“Expressing grave concern at the deteriorating situation, the escalation of violence, and the heavy civilian casualties,
“Reiterating the responsibility of the Libyan authorities to protect the Libyan population and reaffirming
that parties to armed conflicts bear the primary responsibility to take
all feasible steps to ensure the protection of civilians,
“Condemning the gross and systematic
violation of human rights, including arbitrary detentions, enforced
disappearances, torture and summary executions,
“Further condemning acts of violence and
intimidation committed by the Libyan authorities against journalists,
media professionals and associated personnel and urging these authorities to comply with their obligations under international humanitarian law as outlined in resolution 1738 (2006),
“Considering that the widespread and
systematic attacks currently taking place in the Libyan Arab Jamahiriya
against the civilian population may amount to crimes against humanity,
“Recalling paragraph 26 of resolution
1970 (2011) in which the Council expressed its readiness to consider
taking additional appropriate measures, as necessary, to facilitate and
support the return of humanitarian agencies and make available
humanitarian and related assistance in the Libyan Arab Jamahiriya,
“Expressing its determination to ensure
the protection of civilians and civilian populated areas and the rapid
and unimpeded passage of humanitarian assistance and the safety of
humanitarian personnel,
“Recalling the condemnation by the
League of Arab States, the African Union and the Secretary-General of
the Organization of the Islamic Conference of the serious violations of
human rights and international humanitarian law that have been and are
being committed in the Libyan Arab Jamahiriya,
“Taking note of the final communiqué of
the Organization of the Islamic Conference of 8 March 2011, and the
communiqué of the Peace and Security Council of the African Union of 10
March 2011 which established an ad hoc High-Level Committee on Libya,
“Taking note also of the decision of the
Council of the League of Arab States of 12 March 2011 to call for the
imposition of a no-fly zone on Libyan military aviation, and to
establish safe areas in places exposed to shelling as a precautionary
measure that allows the protection of the Libyan people and foreign
nationals residing in the Libyan Arab Jamahiriya,
“Taking note further of the Secretary-General’s call on 16 March 2011 for an immediate ceasefire,
“Recalling its decision to refer the
situation in the Libyan Arab Jamahiriya since 15 February 2011 to the
Prosecutor of the International Criminal Court, and stressing
that those responsible for or complicit in attacks targeting the
civilian population, including aerial and naval attacks, must be held to
account,
“Reiterating its concern at the plight of refugees and foreign workers forced to flee the violence in the Libyan Arab Jamahiriya, welcoming
the response of neighbouring States, in particular Tunisia and Egypt,
to address the needs of those refugees and foreign workers, and calling on the international community to support those efforts,
“Deploring the continuing use of mercenaries by the Libyan authorities,
“Considering that the establishment of a
ban on all flights in the airspace of the Libyan Arab Jamahiriya
constitutes an important element for the protection of civilians as well
as the safety of the delivery of humanitarian assistance and a decisive
step for the cessation of hostilities in Libya,
“Expressing concern also for the safety of foreign nationals and their rights in the Libyan Arab Jamahiriya,
“Welcoming the appointment by the
Secretary General of his Special Envoy to Libya, Mr. Abdul Ilah Mohamed
Al-Khatib and supporting his efforts to find a sustainable and peaceful
solution to the crisis in the Libyan Arab Jamahiriya,
“Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of the Libyan Arab Jamahiriya,
“Determining that the situation in the Libyan Arab Jamahiriya continues to constitute a threat to international peace and security,
“Acting under Chapter VII of the Charter of the United Nations,
“1. Demands the immediate establishment of a ceasefire and a complete end to violence and all attacks against, and abuses of, civilians;
“2. Stresses the need to intensify
efforts to find a solution to the crisis which responds to the
legitimate demands of the Libyan people and notes the decisions
of the Secretary-General to send his Special Envoy to Libya and of the
Peace and Security Council of the African Union to send its ad hoc
High-Level Committee to Libya with the aim of facilitating dialogue to
lead to the political reforms necessary to find a peaceful and
sustainable solution;
“3. Demands that the Libyan
authorities comply with their obligations under international law,
including international humanitarian law, human rights and refugee law
and take all measures to protect civilians and meet their basic needs,
and to ensure the rapid and unimpeded passage of humanitarian
assistance;
“Protection of civilians
“4. Authorizes Member States that have
notified the Secretary-General, acting nationally or through regional
organizations or arrangements, and acting in cooperation with the
Secretary-General, to take all necessary measures, notwithstanding
paragraph 9 of resolution 1970 (2011), to protect civilians and civilian
populated areas under threat of attack in the Libyan Arab Jamahiriya,
including Benghazi, while excluding a foreign occupation force of any
form on any part of Libyan territory, and requests the Member
States concerned to inform the Secretary-General immediately of the
measures they take pursuant to the authorization conferred by this
paragraph which shall be immediately reported to the Security Council;
“5. Recognizes the important role of
the League of Arab States in matters relating to the maintenance of
international peace and security in the region, and bearing in mind
Chapter VIII of the Charter of the United Nations, requests the Member
States of the League of Arab States to cooperate with other Member
States in the implementation of paragraph 4;
“No-fly zone
“6. Decides to establish a ban on all flights in the airspace of the Libyan Arab Jamahiriya in order to help protect civilians;
“7. Decides further that the ban
imposed by paragraph 6 shall not apply to flights whose sole purpose is
humanitarian, such as delivering or facilitating the delivery of
assistance, including medical supplies, food, humanitarian workers and
related assistance, or evacuating foreign nationals from the Libyan Arab
Jamahiriya, nor shall it apply to flights authorised by paragraphs 4 or
8, nor other flights which are deemed necessary by States acting under
the authorization conferred in paragraph 8 to be for the benefit of the
Libyan people, and that these flights shall be coordinated with any
mechanism established under paragraph 8;
“8. Authorizes Member States that have
notified the Secretary-General and the Secretary-General of the League
of Arab States, acting nationally or through regional organizations or
arrangements, to take all necessary measures to enforce compliance with
the ban on flights imposed by paragraph 6 above, as necessary, and requests
the States concerned in cooperation with the League of Arab States to
coordinate closely with the Secretary General on the measures they are
taking to implement this ban, including by establishing an appropriate
mechanism for implementing the provisions of paragraphs 6 and 7 above,
“9. Calls upon all Member States,
acting nationally or through regional organizations or arrangements, to
provide assistance, including any necessary overflight approvals, for
the purposes of implementing paragraphs 4, 6, 7 and 8 above;
“10. Requests the Member States
concerned to coordinate closely with each other and the
Secretary-General on the measures they are taking to implement
paragraphs 4, 6, 7 and 8 above, including practical measures for the
monitoring and approval of authorised humanitarian or evacuation
flights;
“11. Decides that the Member States
concerned shall inform the Secretary-General and the Secretary-General
of the League of Arab States immediately of measures taken in exercise
of the authority conferred by paragraph 8 above, including to supply a
concept of operations;
“12. Requests the Secretary-General to
inform the Council immediately of any actions taken by the Member States
concerned in exercise of the authority conferred by paragraph 8 above
and to report to the Council within 7 days and every month thereafter on
the implementation of this resolution, including information on any
violations of the flight ban imposed by paragraph 6 above;
“Enforcement of the arms embargo
“13. Decides that paragraph 11 of
resolution 1970 (2011) shall be replaced by the following paragraph :
“Calls upon all Member States, in particular States of the region,
acting nationally or through regional organisations or arrangements, in
order to ensure strict implementation of the arms embargo established by
paragraphs 9 and 10 of resolution 1970 (2011), to inspect in their
territory, including seaports and airports, and on the high seas,
vessels and aircraft bound to or from the Libyan Arab Jamahiriya, if the
State concerned has information that provides reasonable grounds to
believe that the cargo contains items the supply, sale, transfer or
export of which is prohibited by paragraphs 9 or 10 of resolution 1970
(2011) as modified by this resolution, including the provision of armed
mercenary personnel, calls upon all flag States of such vessels
and aircraft to cooperate with such inspections and authorises Member
States to use all measures commensurate to the specific circumstances to
carry out such inspections”;
“14. Requests Member States which are
taking action under paragraph 13 above on the high seas to coordinate
closely with each other and the Secretary-General and further requests
the States concerned to inform the Secretary-General and the Committee
established pursuant to paragraph 24 of resolution 1970 (2011) (“the
Committee”) immediately of measures taken in the exercise of the
authority conferred by paragraph 13 above;
“15. Requires any Member State whether
acting nationally or through regional organisations or arrangements,
when it undertakes an inspection pursuant to paragraph 13 above, to
submit promptly an initial written report to the Committee containing,
in particular, explanation of the grounds for the inspection, the
results of such inspection, and whether or not cooperation was provided,
and, if prohibited items for transfer are found, further requires such
Member States to submit to the Committee, at a later stage, a subsequent
written report containing relevant details on the inspection, seizure,
and disposal, and relevant details of the transfer, including a
description of the items, their origin and intended destination, if this
information is not in the initial report;
“16. Deplores the continuing flows of mercenaries into the Libyan Arab Jamahiriya and calls upon
all Member States to comply strictly with their obligations under
paragraph 9 of resolution 1970 (2011) to prevent the provision of armed
mercenary personnel to the Libyan Arab Jamahiriya;
“Ban on flights
“17. Decides that all States shall deny
permission to any aircraft registered in the Libyan Arab Jamahiriya or
owned or operated by Libyan nationals or companies to take off from,
land in or overfly their territory unless the particular flight has been
approved in advance by the Committee, or in the case of an emergency
landing;
“18. Decides that all States shall deny
permission to any aircraft to take off from, land in or overfly their
territory, if they have information that provides reasonable grounds to
believe that the aircraft contains items the supply, sale, transfer, or
export of which is prohibited by paragraphs 9 and 10 of resolution 1970
(2011) as modified by this resolution, including the provision of armed
mercenary personnel, except in the case of an emergency landing;
“Asset freeze
“19. Decides that the asset freeze
imposed by paragraph 17, 19, 20 and 21 of resolution 1970 (2011) shall
apply to all funds, other financial assets and economic resources which
are on their territories, which are owned or controlled, directly or
indirectly, by the Libyan authorities, as designated by the Committee,
or by individuals or entities acting on their behalf or at their
direction, or by entities owned or controlled by them, as designated by
the Committee, and decides further that all States shall ensure
that any funds, financial assets or economic resources are prevented
from being made available by their nationals or by any individuals or
entities within their territories, to or for the benefit of the Libyan
authorities, as designated by the Committee, or individuals or entities
acting on their behalf or at their direction, or entities owned or
controlled by them, as designated by the Committee, and directs the
Committee to designate such Libyan authorities, individuals or entities
within 30 days of the date of the adoption of this resolution and as
appropriate thereafter;
“20. Affirms its determination to
ensure that assets frozen pursuant to paragraph 17 of resolution 1970
(2011) shall, at a later stage, as soon as possible be made available to
and for the benefit of the people of the Libyan Arab Jamahiriya;
“21. Decides that all States shall
require their nationals, persons subject to their jurisdiction and firms
incorporated in their territory or subject to their jurisdiction to
exercise vigilance when doing business with entities incorporated in the
Libyan Arab Jamahiriya or subject to its jurisdiction, and any
individuals or entities acting on their behalf or at their direction,
and entities owned or controlled by them, if the States have information
that provides reasonable grounds to believe that such business could
contribute to violence and use of force against civilians;
“Designations
“22. Decides that the individuals
listed in Annex I shall be subject to the travel restrictions imposed in
paragraphs 15 and 16 of resolution 1970 (2011), and decides
further that the individuals and entities listed in Annex II shall be
subject to the asset freeze imposed in paragraphs 17, 19, 20 and 21 of
resolution 1970 (2011);
“23. Decides that the measures
specified in paragraphs 15, 16, 17, 19, 20 and 21 of resolution 1970
(2011) shall apply also to individuals and entities determined by the
Council or the Committee to have violated the provisions of resolution
1970 (2011), particularly paragraphs 9 and 10 thereof, or to have
assisted others in doing so;
“Panel of Experts
“24. Requests the Secretary-General to
create for an initial period of one year, in consultation with the
Committee, a group of up to eight experts (“Panel of Experts”), under
the direction of the Committee to carry out the following tasks:
(a) Assist the Committee in carrying out its
mandate as specified in paragraph 24 of resolution 1970 (2011) and this
resolution;
(b) Gather, examine and analyse information
from States, relevant United Nations bodies, regional organisations and
other interested parties regarding the implementation of the measures
decided in resolution 1970 (2011) and this resolution, in particular
incidents of non-compliance;
(c) Make recommendations on actions the
Council, or the Committee or State, may consider to improve
implementation of the relevant measures;
(d) Provide to the Council an interim report
on its work no later than 90 days after the Panel’s appointment, and a
final report to the Council no later than 30 days prior to the
termination of its mandate with its findings and recommendations;
“25. Urges all States, relevant United
Nations bodies and other interested parties, to cooperate fully with the
Committee and the Panel of Experts, in particular by supplying any
information at their disposal on the implementation of the measures
decided in resolution 1970 (2011) and this resolution, in particular
incidents of non-compliance;
“26. Decides that the mandate of the
Committee as set out in paragraph 24 of resolution 1970 (2011) shall
also apply to the measures decided in this resolution;
“27. Decides that all States, including
the Libyan Arab Jamahiriya, shall take the necessary measures to ensure
that no claim shall lie at the instance of the Libyan authorities, or
of any person or body in the Libyan Arab Jamahiriya, or of any person
claiming through or for the benefit of any such person or body, in
connection with any contract or other transaction where its performance
was affected by reason of the measures taken by the Security Council in
resolution 1970 (2011), this resolution and related resolutions;
“28. Reaffirms its intention to keep
the actions of the Libyan authorities under continuous review and
underlines its readiness to review at any time the measures imposed by
this resolution and resolution 1970 (2011), including by strengthening,
suspending or lifting those measures, as appropriate, based on
compliance by the Libyan authorities with this resolution and resolution
1970 (2011);
“29. Decides to remain actively seized of the matter.”
Libya: United Nations Security Council proposed designations
|
Number
|
Name
|
Justification
|
Identifiers
|
|
Annex
I: Travel Ban
|
|||
|
1
|
QUREN SALIH QUREN AL QADHAFI
|
Libyan
Ambassador to Chad. Has left Chad for Sabha.
Involved directly in recruiting and coordinating mercenaries for the regime.
|
|
|
2
|
Colonel
AMID HUSAIN AL KUNI
|
Governor
of Ghat (South Libya). Directly involved in
recruiting mercenaries.
|
|
|
Annex
II: Asset Freeze
|
|||
|
1
|
Dorda, Abu Zayd Umar
|
Position:
Director, External Security Organisation
|
|
|
2
|
Jabir,
Major General Abu Bakr Yunis
|
Position:
Defence Minister
|
Title: Major
General DOB: --/--/1952. POB: Jalo,
Libya
|
|
3
|
Matuq, Matuq
Mohammed
|
Position:
Secretary for Utilities
|
DOB: --/--/1956. POB:
Khoms
|
|
4
|
Qadhafi,
Mohammed Muammar
|
Son
of Muammar Qadhafi. Closeness of association with regime
|
DOB: --/--/1970. POB:
Tripoli, Libya
|
|
5
|
Qadhafi,
Saadi
|
Commander
Special Forces. Son of Muammar Qadhafi.
Closeness of association with regime. Command of military units involved in
repression of demonstrations
|
DOB: 25/05/1973. POB:
Tripoli, Libya
|
|
6
|
Qadhafi,
Saif al‑Arab
|
Son
of Muammar Qadhafi. Closeness of association with regime
|
DOB: --/--/1982. POB:
Tripoli, Libya
|
|
7
|
Al‑Senussi, Colonel Abdullah
|
Position:
Director Military Intelligence
|
Title:
Colonel DOB: --/--/1949. POB: Sudan
|
|
Entities
|
|||
|
1
|
Central
Bank of Libya
|
Under
control of Muammar Qadhafi and his family, and potential source of funding
for his regime.
|
|
|
2
|
Libyan
Investment Authority
|
Under
control of Muammar Qadhafi and his family, and potential source of funding
for his regime.
|
a.k.a: Libyan
Arab Foreign Investment Company (LAFICO) Address: 1 Fateh Tower Office, No 99 22nd Floor, Borgaida
Street, Tripoli, Libya, 1103
|
|
3
|
Libyan
Foreign Bank
|
Under
control of Muammar Qadhafi and his family and a potential source of funding
for his regime.
|
|
|
4
|
Libyan
Africa Investment Portfolio
|
Under
control of Muammar Qadhafi and his family, and potential source of funding
for his regime.
|
Address: Jamahiriya
Street, LAP Building, PO Box 91330, Tripoli, Libya
|
|
5
|
Libyan
National Oil Corporation
|
Under
control of Muammar Qadhafi and his family, and potential source of funding
for his regime.
|
Address: Bashir Saadwi Street, Tripoli, Tarabulus, Libya
|
For information media. Not an official record.
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