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Consiglio di Sicurezza – Briefing sulla situazione in Libia

Discorso pronunciato dall’Ambasciatore Sebastiano Cardi, Rappresentante Permanente dell’Italia presso le Nazioni Unite, al Briefing in Consiglio di Sicurezza sulla situazione in Libia—

Mr. President,

At the outset, let me congratulate with you for the Presidency and we look forward to cooperate with you. We already had occasion to work in Colombia and it was very successful.

I would like to thank the Prosecutor of the International Criminal Court Fatou Bensouda for her briefing to the Security Council.

As Vice President of the Assembly of States Parties to the Rome Statute of the ICC I am particularly conscious of her delicate task. Under her guidance the Office of the Prosecutor has made progress in many different areas and I would like to extend to her our appreciation and our full support.

The situation in Libya was unanimously deferred to the Court by this Council through resolution 1970 (2011). We believe that the activity of the ICC can bring positive developments particularly if the Council remains united and committed to support Libya, its institutions and its people, and helps to ensure that justice is done in a fair and impartial manner.

We therefore appreciate and join the encouragement to the international community to continue assisting Libyan authorities to promote justice and accountability. It is essential that justice be part of the equation for stability and consolidation of institutions in the Country. In this regard the cooperation extended by many Countries to the Court, including in the region, is a very positive sign. We note however with concern the financial constraints mentioned by the Prosecutor and stand ready to encourage voluntary contributions and any appropriate discussion to consider the requirements for justice to be rendered in this context.

Mr. President,

I am grateful for the updated information provided by the Prosecutor in her report and briefing. On the case concerning Saif Al-Islam Gaddafi, we note with concern that the request for transfer to the Court is still pending and we encourage compliance with the court’s request.

On the case regarding Al-Senussi, we note that appeal proceedings are still ongoing at the domestic level and that the Court is continuing to closely monitor the case.

As far as the recently disclosed case is concerned, we take note of the information contained in the report, and of the request for arrest and surrender of the fugitive. Italy supports the request for information to all States made by the Prosecutor.

We also thank Ms. Bensouda for the information about the investigation into allegations of torture in Al-Hadba prison. We note that
there has been some progress since the last report in November 2016 and we encourage the Office to continue to monitor domestic proceedings to ensure that existing international obligations regarding the respect of human rights of detainees, including relevant Security Council resolutions, are upheld.

I would like also to touch on two other specific aspects mentioned in the report.

First, it is important that dialogue between the Court and national authorities continues, as well as their cooperation.

Second, human trafficking. My delegation has consistently highlighted the comprehensive approach Italy is taking to address this plight by tackling its root causes, dismantling the business model of traffickers and saving lives at sea.

The activities of networks of traffickers identified by the Prosecutor in her report require urgent attention. Not only must trafficking be
stopped, but traffickers must also be brought to justice and punished. The slavers of the XXI Century, as then Foreign Minister Gentiloni put it in November 2015, must be brought to justice, including at the international level where appropriate. We are supportive of all efforts in this direction and stand ready to cooperate with the Court.

Mr. President,

we deplore that instability in Libya has been hampering the Court in carrying out its investigations in the field; however we are confident that improvement can create conditions conducive to allowing the Prosecutor to visit Libyan territory.

In this respect, let me stress once again, as this was the main message of the visit of Minister of Foreign Affairs Alfano in Tripoli two
days ago, the need for a sustainable political solution to the crisis in Libya based on the Libyan Political Agreement, as the sole framework in which to find solutions to the most pressing issues, and the Presidency Council and the Government of National Accord headed by Prime Minister Serraj as the sole legitimate executive authorities of Libya, in line with UNSCR 2259.

In conclusion this Council could adopt a more structured approach in dealing with international criminal justice issues and with the ICC
in particular. In this regard we favor a broader discussion on the role international criminal justice can play in the activities of the Council, for instance by reinforcing the role of the informal working group on international tribunals. The Council needs to engage in a strategic reflection on the role of justice, including the International Criminal Court, in the prevention, restoration and maintenance of international peace.

I thank you.