UN Resolution 1973 on Libya (March 17, 2011). The text

Resolution 1973 (2011) adopted by the United Nations Security Council (New York, 17 March 2011)

THE SITUATION IN LIBYA

Text of draft resolution S/2011/142

Security Council,

reminiscent its resolution 1970 (2011) of 26 February 2011,

lamenting that the Libyan authorities are not respecting resolution 1970 (2011),

Expressing deep concern by the deterioration of the situation, the escalation of violence and the heavy civilian casualties,

reminiscent the responsibility of the Libyan authorities to protect the Libyan population and reaffirming that it is the primary responsibility of the parties to any armed conflict to take all necessary measures to ensure the protection of civilians,

condemning the flagrant and systematic violation of human rights, including arbitrary detentions, enforced disappearances, torture and summary executions,

Also condemning acts of violence and intimidation committed by the Libyan authorities against journalists, media professionals and associated personnel and strongly engaging to comply with their obligations under international humanitarian law, as set out in resolution 1738 (2006),

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

reminiscent paragraph 26 of resolution 1970 (2011) in which it expressed its readiness to consider taking other relevant measures, if necessary, to facilitate and support the return of humanitarian aid organizations and make accessible in the Libyan Arab Jamahiriya humanitarian and related aid,

Declaring resolved to ensure the protection of civilians and areas where civilians live, and to ensure the unhindered or unhindered delivery of humanitarian aid and the safety of humanitarian personnel,

reminiscent that the League of Arab States, the African Union and the Secretary General of the Organization of the Islamic Conference have condemned the serious violations of human rights and international humanitarian law which have been and continue to be committed in the Jamahiriya libyan arab,

taking note the final communiqué of the Organization of the Islamic Conference dated 8 March 2011 and the communiqué of the Peace and Security Council of the African Union dated 10 March 2011 establishing a high-level ad hoc committee on Libya,

Also taking note of the decision of the Council of the League of Arab States, dated March 12, 2011, to request the imposition of a no-fly zone against the Libyan air force and to create protected zones in the sectors exposed to bombing as a precaution to ensure the protection of the Libyan people and foreigners residing in the Libyan Arab Jamahiriya,

Further noting of the call for an immediate ceasefire launched by the Secretary-General on 16 March 2011,

reminiscent its decision to seize the Prosecutor of the International Criminal Court of the situation in the Libyan Arab Jamahiriya since February 15, 2011 and emphasizing that the perpetrators of attacks, including aerial and naval attacks, directed against the civilian population, or their accomplices must be held accountable for their actions,

Again expressing concern by the tragic fate of refugees and foreign workers forced to flee violence in the Libyan Arab Jamahiriya, welcoming that neighboring States, in particular Tunisia and Egypt, have responded to the needs of these refugees and foreign workers, and calling the international community to support these efforts,

lamenting that the Libyan authorities continue to employ mercenaries,

Considering that the prohibition of all flights in the airspace of the Libyan Arab Jamahiriya is important to ensure the protection of civilians and the safety of humanitarian assistance operations and decisive in bringing an end to hostilities in the Libyan Arab Jamahiriya,

Worry have for the safety of foreigners in the Libyan Arab Jamahiriya and for their rights,

Welcoming that the Secretary-General has appointed Mr. Abdel-Elah Mohamed Al-Khatib as Special Envoy to Libya and supporting his efforts to bring about a lasting and peaceful solution to the crisis in the Libyan Arab Jamahiriya,

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

Noting that the situation in the Libyan Arab Jamahiriya remains a threat to international peace and security,

Acting under Chapter VII of the Charter of the United Nations,

1.    Exige an immediate ceasefire and the total cessation of violence and all attacks and abuses against the civilian population;

2.    Highlighted that efforts must be redoubled to find a solution to the crisis that satisfies the legitimate demands of the Libyan people, and notes that the Secretary-General has requested his Special Envoy to visit the Libyan Arab Jamahiriya and that the Peace Council and Security Council of the African Union has decided to send its High-Level Ad Hoc Committee on Libya to the scene to facilitate a dialogue leading to the political reforms necessary for a peaceful and lasting settlement;

3.    Exige the Libyan authorities to respect their obligations under international law, including international humanitarian law, human rights law and refugee law, and take all measures to protect civilians and meet their basic needs, and to ensure the smooth delivery of humanitarian aid;

Civil protection

4.    Authorized Member States which have notified the Secretary-General to that effect and are acting in their national capacities or within the framework of regional organizations or arrangements and in cooperation with the Secretary-General, to take all necessary measures, notwithstanding paragraph 9 of resolution 1970 (2011), to protect populations and civilian areas threatened with attack in the Libyan Arab Jamahiriya, including Benghazi, while excluding the deployment of a foreign occupation force in any form and on n any part of Libyan territory, and prie the Member States concerned to immediately inform the Secretary-General of the action taken by them under their authority under this paragraph, which shall be immediately brought to the attention of the Security Council;

5.    Measured importance of the role played by the League of Arab States in the maintenance of regional peace and security and, bearing in mind Chapter VIII of the Charter of the United Nations, calls upon the Member States which belong to the League to cooperate with other Member States in the implementation of paragraph 4;

No-fly zone

6.    Decided to ban all flights in the airspace of the Libyan Arab Jamahiriya in order to help protect civilians;

7. Also decides that the prohibition imposed in paragraph 6 will not apply to flights whose sole purpose is humanitarian, such as the delivery of assistance, including medical supplies, food, humanitarian workers and aid related, or the facilitation of such routing, or the evacuation of foreigners from the Libyan Arab Jamahiriya, that it shall also not apply to flights authorized by paragraphs 4 above or 8 below or to other flights operated by States acting under the authorization granted in paragraph 8 that are deemed to be in the interest of the Libyan people and that such flights will be operated in coordination with any mechanism established pursuant to paragraph 8 ;

8.    Authorized Member States which have notified the Secretaries-General of the United Nations and the League of Arab States to that effect, acting in their national capacity or within the framework of regional bodies or arrangements, to be taken as appropriate all measures necessary to enforce the flight ban imposed in paragraph 6 above and to ensure that aircraft cannot be used for aerial attacks against the civilian population and request the States concerned, in cooperation with the League of Arab States, to proceed in close coordination with the Secretary-General with regard to the measures they take to implement this prohibition, in particular by creating an appropriate mechanism for the implementation of the provisions of paragraphs 6 and 7 above;

9.    Call all Member States acting in a national capacity or within the framework of regional organizations or arrangements to provide assistance, in particular for any necessary overflight clearance, with a view to the application of paragraphs 4, 6, 7 and 8 below above;

10.   Pray Member States concerned to coordinate closely with each other and with the Secretary-General on the measures they take to implement paragraphs 4, 6, 7 and 8 above, including practical measures for follow-up and approval of authorized humanitarian or evacuation flights;

11.   Decided that the Member States concerned shall immediately inform the Secretary-General and the Secretary-General of the League of Arab States of the measures taken by virtue of their powers under paragraph 8 above, and in particular submit a concept of operations;

12.   Pray the Secretary-General to inform him immediately of any action taken by the Member States concerned under their authority under paragraph 8 above and to report to him within seven days and then monthly on the implementation of this resolution, including with respect to any violation of the no-fly rule imposed in paragraph 6 above;

Application of the arms embargo

13.   Decided that paragraph 11 of resolution 1970 (2011) shall be replaced by the following paragraph:

" Request to all Member States, in particular States in the region, acting in their national capacities or within the framework of regional organizations or arrangements, in order to guarantee the strict application of the arms embargo established by paragraphs 9 and 10 of resolution 1970 (2011), to inspect in their territory, including at their seaports and airports and on the high seas, ships and aircraft arriving from or bound for the Libyan Arab Jamahiriya, if the State concerned has information that reasonably suggests that such shipment contains items the supply, sale, transfer and export of which are prohibited by paragraphs 9 or 10 of resolution 1970 (2011), as amended by this resolution; particularly with regard to armed mercenaries, prie all States of flag or registry of such vessels and aircraft to cooperate in any inspections and authorized Member States to take all measures dictated by the existing situation to carry out these inspections”;

14.   Pray Member States taking action on the high seas pursuant to paragraph 13 above to closely coordinate their action among themselves and with the Secretary-General and also pray the State concerned to immediately inform the Secretary-General and the Committee established pursuant to paragraph 24 of resolution 1970 (2011) (“the Committee”) of the measures taken pursuant to the powers conferred by paragraph 13 above;

15.   Request any Member State which carries out an inspection, nationally or within the framework of a regional body or arrangement, pursuant to paragraph 13 above, to present 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 indicating whether or not there was cooperation and, if any articles whose transfer is prohibited were discovered, also ask that Member State to submit to the Committee, at a later stage, a written report giving details of the inspection, seizure and disposal, 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;

16.   deplore the continuous flows of mercenaries arriving in the Libyan Arab Jamahiriya and calls on all Member States to strictly respect their obligations under paragraph 9 of resolution 1970 (2011) in order to prevent the supply of armed mercenaries to the Arab Jamahiriya Libyan;

Ban on flights

17.   Decided that all States shall prohibit any aircraft registered in the Libyan Arab Jamahiriya, owned or operated by any Libyan person or company, from taking off from, overflying or landing in their territory, unless the flight has been approved by advance by the Committee or in case of emergency landing;

18.   Decided that all States shall prohibit any aircraft from taking off from, landing in or overflying their territory if they have information which reasonably leads to believe that the aircraft in question contains articles whose supply, sale, transfer or export is prohibited by paragraphs 9 and 10 of resolution 1970 (2011), as amended by this resolution, including armed mercenaries, except in the event of an emergency landing;

Freeze of assets

19.   Decided that the asset freeze imposed in paragraphs 17, 19, 20 and 21 of resolution 1970 (2011) will apply to funds, other financial assets or economic resources within the territory of Member States that are owned or controlled, directly or indirectly, by the Libyan authorities, designated as such by the Committee, or by persons or entities acting on its behalf or under its orders, or by entities owned or controlled by them and designated as such by the Committee, and also decides that all States should ensure that they prevent their nationals or any person or entity within their territory from making funds, other financial assets or economic resources available to the Libyan authorities, designated as such by the Committee, to persons or entities acting on its behalf or under its orders, or entities owned or controlled by them and designated as such by the Committee, or to allow its use for their benefit and requests the Committee to designate these authorities, persons and entities within a 30 days from the date of adoption of this resolution and thereafter as appropriate;

20.   declares itself solved to ensure that the assets frozen pursuant to paragraph 17 of resolution 1970 (2011) are at a later stage, as soon as possible, made available to the people of the Libyan Arab Jamahiriya and used for their benefit;

21.   Decided that all States shall require their nationals and nationals and companies located on their territory or subject to their jurisdiction to exercise due diligence in their dealings with entities registered in the Libyan Arab Jamahiriya or subject to the jurisdiction of this country, or any person or entity acting on their behalf or under their direction, and with entities owned or controlled by them if these States have reason to believe that such exchanges may contribute to violence or the use of force against civilians;

Description

22.   Decided that the persons named in annex I fall under the travel ban imposed by paragraphs 15 and 16 of resolution 1970 (2011) and also decides that the persons and entities listed in annex II are subject to the asset freeze imposed in paragraphs 17, 19, 20 and 21 of resolution 1970 (2011);

23.   Decided that the measures provided for in paragraphs 15, 16, 17, 19, 20 and 21 of resolution 1970 (2011) will also apply to any persons and entities determined by the Council or the Committee to have violated the provisions of the resolution 1970 (2011), in particular its paragraphs 9 and 10, or that they have aided others in violating them;

Expert Group

24.   Pray the Secretary-General to establish, for an initial period of one year, in consultation with the Committee established pursuant to resolution 1970 (2011) (the "Committee"), a group of up to eight experts (the "Group of Experts" ) who will be under the direction of the Committee and will carry out the following tasks:

(a) To assist the Committee in carrying out its mandate, as defined in paragraph 24 of resolution 1970 (2011) and this resolution;

(b) Collect, review and analyze information from States, relevant United Nations bodies, regional organizations and other interested parties regarding the implementation of the measures enacted in resolution 1970 (2011) and in this resolution , in particular violations of their provisions;

(c) To make recommendations on decisions that the Council, the Committee or the States might consider taking to improve the application of the relevant measures;

d) Submit an activity report to the Board no later than 90 days after its creation, and submit a final report containing its conclusions and recommendations no later than 30 days before the end of its mandate;

25.   Urges all States, competent United Nations bodies and other interested parties to cooperate fully with the Committee and with the Group of Experts, in particular by communicating to them all information at their disposal on the application of the measures enacted by resolution 1970 ( 2011) and by this resolution, in particular violations of their provisions;

26.   Decided that the mandate of the Committee, as defined in paragraph 24 of resolution 1970 (2011), will extend to the measures provided for in this resolution;

27.   Decided that all States, including the Libyan Arab Jamahiriya, will take the necessary measures to ensure that no claim is heard on the initiative of the Libyan authorities or any person or entity of the Libyan Arab Jamahiriya or by any person declaring act through them or on their behalf in connection with any contract or other transaction the realization of which has been affected by the measures imposed by its resolution 1970 (2011), by this resolution or by other related resolutions;

28.   Reaffirme that he intends to continue to follow the actions of the Libyan authorities and stresses that he is ready to review at any time the measures imposed by this resolution and by resolution 1970 (2011), including strengthening, suspending or lift, subject to compliance by the Libyan authorities with the provisions of this resolution and resolution 1970 (2011);

29.   Decided to remain actively seized of the matter.

Libyan Arab Jamahiriya: designations proposed by the UN Security Council

	Name	Patterns	Identification elements
Annex I: travel ban
1	Quren Salih Quren Al Gaddafi	Libyan Ambassador to Chad. Left Chad for Sabha. Participates directly in the recruitment and coordination of mercenaries for the regime.
2	Colonel Amid Husain Al Kuni	Governor of Ghat (southern Libya). Participates directly in the recruitment of mercenaries.
Annex II: asset freeze
1	Dorda, Abu Zayd Umar	Post : Director of the External Security Organization
2	Jabir, Major General Abu Bakr Yunis	Post : Defense Minister	Title : Division general Date of Birth : --/--/1952 Place of birth : Jalo (Libya)
3	Matuq, Matuq Mohammed	Post : Secretary in charge of public services	Date of Birth : --/--/1956 Place of birth : Khoms (Libya)
4	Gaddafi, Mohammad Muammar	Son of Muammar Gaddafi. Close association with diet	Date of Birth : --/--/1970 Place of birth : Tripoli (Libya)
5	Gaddafi, Saadi	Commander of the Special Forces. Son of Muammar Gaddafi. Close association with diet. Command of military units involved in suppressing protests	Date of Birth : 25/05/1973 Place of birth : Tripoli (Libya)
6	Gaddafi, Saif al-Arab	Son of Muammar Gaddafi. Close association with diet	Date of Birth : --/--/1982 Place of birth : Tripoli (Libya)
7	Al-Senussi, Colonel Abdullah	Post : Director of Military Intelligence	Title :Colonel Date of Birth : --/--/1949 Place of birth : Sudan
Entities
1	Central Bank of Libya	Under the control of Muammar Gaddafi and his family, and a potential source of funding for his regime
2	Libyan Investment Authority	Under the control of Muammar Gaddafi and his family, and a potential source of funding for his regime	Other name : Libyan Arab Foreign Investment Company (LAFICO) Address : Fateh Tower, Tower 1, 22nd floor office 99, Borgaida Street, Tripoli, 1103, Libya
3	Libyan Foreign Bank	Under the control of Muammar Gaddafi and his family, and a potential source of funding for his regime
4	Libyan African Investment Portfolio	Under the control of Muammar Gaddafi and his family, and a potential source of funding for his regime	Address : Jamahiriya Street, LAP Building, PO Box 91330, Tripoli, Libya
5	Libyan National Oil Company	Under the control of Muammar Gaddafi and his family, and a potential source of funding for his regime	Address : Bashir Saadwi Street, Tripoli, Tarabulus, Libya