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UN Resolution 1970 on Libya (February 26, 2011). The text

Resolution 1970 (2011) adopted by the United Nations Security Council (New York, 26 February 2011)

(Text of draft resolution S/2011/95)

The Security Council,

Expressing grave concern at the situation in the Libyan Arab Jamahiriya, and condemning the violence and use of force against civilians,

Deeply regretting the gross and systematic violations of human rights, including the repression of peaceful protesters, expressing deep concern at the deaths of civilians and unequivocally denouncing the incitement to hostility and violence emanating from from the highest ranks of the Libyan Government and directed against the civilian population,

Welcoming with satisfaction the condemnation by the Arab League, 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 being committed in the Libyan Arab Jamahiriya,

Taking note of the letter dated 26 February 2011 addressed to its President by the Permanent Representative of the Libyan Arab Jamahiriya to the United Nations,

Welcoming Human Rights Council resolution A/HRC/S-15/2 of 25 February 2011, including the decision to urgently appoint an independent international commission to investigate all alleged violations of the international human rights law committed in the Libyan Arab Jamahiriya to establish the facts and circumstances of these violations and of the crimes perpetrated and, as far as possible, to identify those responsible,

Considering that the systematic and widespread attacks that are being committed in the Libyan Arab Jamahiriya against the civilian population could constitute crimes against humanity,

Expressing concern over the plight of refugees forced to flee violence in the Libyan Arab Jamahiriya,

Expressing concern also at reports of shortages of medical supplies to treat the injured,

Recalling the responsibility of the Libyan authorities to protect the Libyan people,

Emphasizing the need to respect freedom of peaceful assembly and freedom of expression, including freedom of the press,

Emphasizing also that the perpetrators of attacks against civilians, including attacks carried out by forces under their control, must be held to account,

Recalling article 16 of the Rome Statute, according to which no investigation or prosecution may be initiated or carried out by the International Criminal Court during the 12 months following the date on which he himself made such a request,

Expressing concern for the safety of foreigners and their rights in the Libyan Arab Jamahiriya,

Reaffirming its firm adherence to the sovereignty, independence, territorial integrity and national unity of the Libyan Arab Jamahiriya,

Mindful of the primary responsibility for the maintenance of international peace and security assigned to it by the Charter of the United Nations,

Acting under Chapter VII of the Charter of the United Nations and taking action under its Article 41,

1. Demands an immediate end to the violence and calls for action to be taken to meet the legitimate grievances of the population;

2. Urges the Libyan authorities:

(a) To exercise the utmost restraint, to respect human rights and international humanitarian law, and to allow international human rights observers immediate access to the country;

(b) To guarantee the security of all foreigners and their property and to facilitate the departure of those wishing to leave the country;

(c) To ensure that medical and humanitarian supplies and humanitarian agencies and workers can enter the country safely; and

(d) To immediately lift restrictions on media of all types;

3. Requests all Member States, to the extent possible, to cooperate in the evacuation of foreigners wishing to leave the country;

Referral to the International Criminal Court

4. Decides to seize the Prosecutor of the International Criminal Court of the situation in which the Libyan Arab Jamahiriya has been the theater since 15 February 2011;

5. Decides that the Libyan authorities should cooperate fully with the Court and the Prosecutor and provide them with all necessary assistance, pursuant to this resolution and, while recognizing that the Rome Statute does not impose any obligation on States which do not are not parties thereto, urges all States and all relevant regional and international organizations to cooperate fully with the Court and the Prosecutor;

6. Decides that nationals, current or former officers or personnel, of a State other than the Libyan Arab Jamahiriya which is not a party to the Rome Statute of the International Criminal Court are subject to the exclusive jurisdiction of the said State for any alleged acts or omissions arising out of or in connection with operations in Libya established or authorized by the Council, unless formally waived by the State

7. Invites the Prosecutor to inform it, within two months of the date of adoption of this resolution, and then every six months, of the follow-up given to it;

8. Agrees that none of the costs relating to the referral to the Court, including those occasioned by the investigations and prosecutions carried out as a result of this referral, will be borne by the United Nations and that these costs will be borne by Parties to the Rome Statute and States wishing to contribute to their funding on an optional basis;

arms embargo

9. Decides that all Member States shall immediately take the necessary measures to prevent the direct or indirect supply, sale or transfer to the Libyan Arab Jamahiriya, from or through their territory or by their nationals, or to the means of vessels or aircraft flying their flag, armaments and related material of all types - arms and ammunition, military vehicles and materials, paramilitary equipment and corresponding spare parts -, as well as any technical assistance or training, and any aid financial or other in connection with military activities or the supply, maintenance or use of any armaments and related materiel, including the provision of armed mercenaries whether or not from their territory, and also decides that this measure does not will not apply:

(a) Supplies of non-lethal military equipment intended exclusively for humanitarian or protective use and related technical assistance or training approved in advance by the Committee established pursuant to paragraph 24 below;

(b) Protective clothing, including body armor and military helmets, temporarily exported to the Libyan Arab Jamahiriya, for personal use only, by United Nations personnel, media representatives and humanitarian and development workers or related personnel;

(c) Other sales or supplies of arms and related materiel, or the provision of assistance or personnel, which have been approved in advance by the Committee;

10. Decides that the Libyan Arab Jamahiriya shall cease the export of all armaments and related materiel and that all Member States shall prohibit the acquisition of such items from the Libyan Arab Jamahiriya by their nationals, or by means of ships or aircraft flying their flag, whether or not such items originate in Libyan territory;

11. Calls upon all States, in particular States neighboring the Libyan Arab Jamahiriya, in agreement with their national authorities and in accordance with their national legislation, in compliance with international law, in particular the law of the sea and relevant agreements on international civil aviation, to have inspected in their territory, including at their seaports and airports, all cargo to and from the Libyan Arab Jamahiriya, if the State concerned has information giving reasonable grounds to believe that such shipment contains items the supply, sale, transfer or export of which are prohibited by paragraphs 9 or 10 of this resolution in order to guarantee strict application of these provisions;

12. Decides to authorize all Member States discovering items the supply, sale, transfer or export of which are prohibited by paragraphs 9 or 10 of this resolution to seize and dispose of them (by destroying, rendering them unusable, storing them or transferring them to a State other than the country of origin or destination for the purpose of disposal), and also decides that all States are obliged to cooperate in this respect;

13. Requests any Member State carrying out an inspection pursuant to paragraph 11 above to submit to the Committee, in writing and without delay, an initial report setting out in particular the reasons for the inspection and the results of the inspection and whether there has been cooperation or not, and whether any prohibited transfer items have been discovered, also requests that Member State to submit to the Committee, at a later stage, a written report giving details of the inspection, seizure and neutralization, as well as details of the transfer, including a description of the items in question, their origin and their intended destination, if this information is not included in the initial report;

14. Calls upon Member States to take measures to firmly deter their nationals from traveling to the Libyan Arab Jamahiriya to participate, on behalf of the Libyan authorities, in activities likely to contribute to the violation of human rights;

Travel ban

15. Decides that all Member States shall take the necessary measures to prevent the entry into or transit through their territory of the individuals named in annex I to this resolution or named by the Committee established pursuant to paragraph 24 above. -afterwards, it being understood that none of the provisions of this paragraph obliges a State to refuse its own nationals entry into its territory;

16. Decides that the measures imposed under paragraph 15 above do not apply in the following cases:

a) When the Committee determines, on a case-by-case basis, that the trip is justified by humanitarian reasons, including a religious duty;

(b) When entry or transit is necessary for the purposes of legal proceedings;

(c) When the Committee determines, on a case-by-case basis, that a derogation would promote the achievement of the objectives of peace and national reconciliation in the Libyan Arab Jamahiriya and stability in the region;

(d) Where a State determines on a case-by-case basis that entry or transit is essential for the promotion of peace and stability in the Libyan Arab Jamahiriya and notifies the Committee accordingly within forty-eight hours after establishing such a finding;

Freeze of assets

17. Decides that all Member States shall immediately freeze all funds, other financial assets and economic resources within their territory that are in the possession or under the direct or indirect control of the individuals or entities listed in annex II to the this resolution or designated by the Committee created pursuant to paragraph 24 below, or of any individual or entity acting on their behalf or at their direction, or of any entity in their possession or under their control, and resolves further that all Member States shall take care to prevent their nationals or any person or entity within their territory from making available to the individuals or entities designated in annex II to this resolution or to the individuals designated by the Committee any funds, financial assets or economic resources;

18. Expresses its intention to ensure that the assets frozen pursuant to paragraph 17 are at a later stage made available for the Libyan people and for their benefit;

19. Decides that the measures provided for in paragraph 17 above do not apply to funds, other financial assets or economic resources which the Member States concerned have determined:

a) That they are necessary to pay ordinary expenses, in particular to pay food, rent or monthly installments for mortgages, drugs and medical care, taxes, insurance premiums, bills for collective distribution services, or exclusively for the payment of fees of a reasonable amount and the reimbursement of expenses incurred in connection with legal services, in accordance with national law, or costs or fees related, in accordance with national law, to the maintenance in deposit of funds, other financial assets frozen funds or economic resources, after such Member States have informed the Committee of their intention to authorize, where justified, access to such funds, other financial assets or economic resources, and in the absence of a decision to the contrary of the Committee within five working days of such notification;

(b) They are necessary to meet extraordinary expenses, provided that the Member State or States concerned have notified the Committee and the Committee has given its consent;

c) That they are the subject of a lien or a judicial, administrative or arbitral decision, in which case the funds, other financial assets or economic resources may be used for this purpose, provided that the lien or decision are prior to the date of this resolution, that the lien or beneficiary of the judicial, administrative or arbitral decision is not an individual or entity designated by the Committee in accordance with paragraph 17 above and that the lien or judicial, administrative or arbitral decision has been brought to the attention of the Committee by the Member State or States concerned;

20. Decides that Member States may authorize the payment to the accounts frozen under the provisions of paragraph 17 above of interest and other remuneration earned by these accounts or payments made under contracts, agreements or obligations entered into before the date on which such accounts became subject to the provisions of this resolution, it being understood that such interest, remuneration and payments shall remain subject to the said provisions and shall remain frozen;

21. Decides that the measures provided for in paragraph 17 above do not prohibit any designated person or entity from making payments under a contract entered into prior to the inclusion of that person or entity on the list, as long as that the States concerned have ensured that the payment is not received directly or indirectly by a person or entity referred to in paragraph 17 above, and that these States have notified the Committee of their intention to make or receive such payments or to authorize, as appropriate, the release for this purpose of funds, financial assets and economic resources, ten business days prior to such authorization;

Designation criteria

22. Decides that the measures provided for in paragraphs 15 and 17 apply to individuals and entities designated by the Committee, in accordance with subparagraphs (b) and (c) of paragraph 24, respectively:

(a) Who order, control or otherwise direct the commission of serious human rights violations against persons in the Libyan Arab Jamahiriya or are complicit in the commission, including by preparing, ordering, ordering or conducting attacks, in violation of international law, including aerial bombardments, against civilian populations or installations, or by being complicit in the matter;

(b) Acting for or on behalf of individuals or entities identified in sub-paragraph (a) or at their direction;

23. Strongly encourages Member States to provide the Committee with the names of individuals who meet the criteria set out in paragraph 22 above;

New Sanctions Committee

24. Decides to establish, in accordance with rule 28 of its provisional rules of procedure, a committee of the Security Council composed of all its members (hereinafter “the Committee”), which will carry out the following tasks:

(a) Monitor the implementation of the measures provided for in paragraphs 9, 10, 15 and 17 above;

(b) Designate the persons liable to the measures provided for in paragraph 15 and examine the requests for exemption provided for in paragraph 16 above;

(c) Designate the persons liable to the measures provided for in paragraph 17 above and examine the requests for exemption provided for in paragraphs 19 and 20 above;

(d) Arrange such directives as may be necessary to facilitate the implementation of the measures imposed above;

(e) Submit to it within thirty days an initial report on its work and then report to the Committee when the Committee deems it necessary;

(f) Maintaining a dialogue with interested Member States, in particular those in the region, including by inviting their representatives to meet to discuss the issue of implementation of the measures;

(g) Seek from all States any information it deems useful concerning the actions they have taken to implement the measures effectively;

(h) Investigate reports of violations or non-compliance with the measures imposed by this resolution and take appropriate action;

25. Calls upon all Member States to report to the Committee within 9 days of the adoption of this resolution on the measures they have taken to give effect to paragraphs 10, 15, 17 and XNUMX above;

Humanitarian assistance

26. Calls upon all Member States, acting together and in cooperation with the Secretary-General, to facilitate and support the return of humanitarian agencies and to make humanitarian and related assistance accessible to the Libyan Arab Jamahiriya, concerned to keep it regularly informed of the progress made with regard to the measures taken pursuant to this paragraph and declares its readiness to consider taking other relevant measures, if necessary, to achieve this;

Willingness to examine the situation

27. Affirms that it will continuously monitor the conduct of the Libyan authorities and stand ready to consider the advisability of the measures set out in this resolution, including their strengthening, modification, suspension or lifting, according to what would dictate how the Libyan authorities comply with the relevant provisions of this resolution;

28. Decides to remain actively seized of the matter.

Annex I

Travel ban

1. AL-BAGHDADI, Abdulqader Mohammed
Passport number: B010574. Date of birth: July 1, 1950. Head of the Liaison Office of Revolutionary Committees. The Revolutionary Committees are involved in the violence against the demonstrators.

2. DIBRI, Abdulqader Yusef
Date of birth: 1946. Place of birth: Houn (Libya). Chief of Muammar QADHAFI's personal security. Responsible for plan security. Has in the past orchestrated violence against dissidents.

3. DORDA, Abu Zayd Umar
Director of the External Security Organization. Faithful to the regime. Head of the foreign intelligence agency.

4. JABIR, Major General Abu Bakr Yunis
Date of birth: 1952. Place of birth: Jalo (Libya).?Minister of Defence. Responsible for all the actions of the armed forces.

5. MATUQ, Matuq Mohammed
Date of birth: 1956. Place of birth: Khoms.?Secretary in charge of public services. Influential member of the regime. Involved in the Revolutionary Committees. Has, in the past, been responsible for ending dissent and violence.

6. QADHAF AL-DAM, Sayyid Mohammed
Date of birth: 1948. Place of birth: Sirte (Libya). Cousin of Muammar QADHAFI. In the 80s, Sayyid was involved in a campaign of assassinations of dissidents and was allegedly responsible for several deaths in Europe. It is believed that he was also involved in the purchase of armaments.

7. QADHAFI, Aisha Muammar
Date of birth: 1978. Place of birth: Tripoli (Libya).?Daughter of Muammar QADHAFI. Close association with diet.

8. QADHAFI, Hannibal Muammar
Passport number: B/002210. Date of birth: September 20, 1975. Place of birth: Tripoli (Libya).?Son of Muammar QADHAFI. Close association with diet.

9. GADDAFI, Khamis Muammar
Date of birth: 1978. Place of birth: Tripoli (Libya).?Son of Muammar QADHAFI. Close association with diet. Command of military units involved in suppressing protests.

10. QADHAFI, Mohammed Muammar
Date of birth: 1970. Place of birth: Tripoli (Libya).?Son of Muammar QADHAFI. Close association with diet.

11. QADHAFI, Muammar Mohammed Abu Minyar
Date of birth: 1942. Place of birth: Sirte (Libya). Guide of the Revolution, Supreme Commander of the Armed Forces. Responsible for ordering the repression of demonstrations, human rights violations.

12. GADDAFI, Mutassim
Date of birth: 1976. Place of birth: Tripoli (Libya). National Security Advisor. Son of Muammar QADHAFI. Close association with diet.

13. QADHAFI, Saadi
Passport number: 014797. Date of birth: 25 May 1973. Place of birth: Tripoli (Libya).?Commander of the Special Forces. Son of Muammar QADHAFI. Close association with diet. Command of military units involved in suppressing protests.

14. QADHAFI, Saif al-Arab
Date of birth: 1982. Place of birth: Tripoli (Libya).?Son of Muammar QADHAFI. Close association with diet.

15. QADHAFI, Saif al-Islam
Passport number: B014995. Date of birth: June 25, 1972. Place of birth: Tripoli (Libya). Director of the Qadhafi Foundation. Son of Muammar QADHAFI. Close association with diet. Incendiary public statements inciting violence against protesters.

16. AL-SENUSSI, Colonel Abdullah
Date of birth: 1949. Place of birth: Sudan. Director of Military Intelligence. Participation of military intelligence in the repression of demonstrations. Suspected of having participated in the Abu Salim prison massacre in the past. Convicted in absentia for the bombing of the UTA flight. Brother-in-law of Muammar QADHAFI.

Annex II

Freeze of assets

1. QADHAFI, Aisha Muammar
Date of birth: 1978. Place of birth: Tripoli (Libya).?Daughter of Muammar QADHAFI. Close association with diet.

2. QADHAFI, Hannibal Muammar
Passport number: B/002210. Date of birth: September 20, 1975. Place of birth: Tripoli (Libya).?Son of Muammar QADHAFI. Close association with diet.

3. GADDAFI, Khamis Muammar
Date of birth: 1978. Place of birth: Tripoli (Libya).?Son of Muammar QADHAFI. Close association with diet. Command of military units involved in suppressing protests.

4. QADHAFI, Muammar Mohammed Abu Minyar
Date of birth: 1942. Place of birth: Sirte (Libya). Guide of the Revolution, Supreme Commander of the Armed Forces. Responsible for ordering the repression of demonstrations, human rights violations.

5. GADDAFI, Mutassim
Date of birth: 1976. Place of birth: Tripoli (Libya). National Security Advisor. Son of Muammar QADHAFI. Close association with diet.

6. QADHAFI, Saif al-Islam
Passport number: B014995. Date of birth: June 25, 1972. Place of birth: Tripoli (Libya). Director of the Qadhafi Foundation. Son of Muammar QADHAFI. Close association with diet. Incendiary public statements inciting violence against protesters.

Nicolas Gros Verheyde

Chief editor of the B2 site. Graduated in European law from the University of Paris I Pantheon Sorbonne and listener to the 65th session of the IHEDN (Institut des Hautes Etudes de la Défense Nationale. Journalist since 1989, founded B2 - Bruxelles2 in 2008. EU/NATO correspondent in Brussels for Sud-Ouest (previously West-France and France-Soir).

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