The ICC’s action in Libya is yielding results

Mr. President,

I would like to thank the Deputy Prosecutor, Ms. Nazhat Shameem Khan, for presenting the 31st report submitted pursuant to resolution 1970 (2011), and I regret, as Denmark did just now, that the Deputy Prosecutor was unable to address the Council in person, due to a lack of visa.

France emphasizes the importance of respecting the obligations set forth in the United Nations Headquarters Agreement. It notes that this is the second time such a situation has occurred, and recalls that the Council’s ability to hear from individuals it invites pursuant to Rule 39 of its provisional rules of procedure must not depend on the positions or decisions of any State, whatsoever.

Mr. President,

It is nonetheless valuable that this session can take place, even via videoconference, given the importance of the Court’s work in Libya—regarding which I would like to emphasise three points.

First, the ICC’s action in Libya is yielding results.

The arrest and surrender to the Court of Khaled Mohamed Ali El Hishri, on December 1, pursuant to an arrest warrant issued by the Pre-Trial Chamber for alleged war crimes and crimes against humanity, constitutes a major step forward in the fight against impunity.

This sends a strong message to the victims and the Libyan population: that international justice has the ability to respond to the most serious crimes and hold those accused accountable.

The arrest and appearance of Ali El Hishri is the result of painstaking preliminary investigative work: the collection and analysis of evidence, missions conducted in several States, and the use of a wide range of investigative tools involving audio and video materials, forensic data, satellite imagery, and more. This investigative work is continuing in Libya and will undoubtedly lead to further arrests and additional indictments. We have also closely followed this week’s confirmation of charges hearing in the El Hishri case.

France also highlights the efforts undertaken to locate individuals who remain subject to public arrest warrants and recalls the importance of the full cooperation of all concerned States with the Court in the execution of these warrants.

Mr. President,

Second, the effectiveness of the ICC depends on effective cooperation with the Libyan authorities, third States, and civil society.

With regard to Libya, the declaration made pursuant to Article 12(3) of the Rome Statute is a positive first step. We call on the Libyan authorities to cooperate fully with the ICC in order to achieve tangible results for the victims and the Libyan population.

France notes that this Libyan declaration remains in force until the end of 2027. However, as the Office of the Prosecutor has already noted, an investigation cannot continue indefinitely. France notes, on this point, the statements just made by the Deputy Prosecutor, according to which her Office believes that the various lines of investivation in this situation can indeed be concluded by the end of 2027.

Cooperation reguarding the Libyan situation also involves the ICC’s collaboration with the courts of third States, in accordance with the principle of complementarity. One example of this was provided by the Office of the Prosecutor’s cooperation with members of the expanded joint team, and in particular with the Netherlands, whose courts, as has been mentioned, recently handed down a conviction for human smuggling against an Eritrean smuggler. This illustrates the resolute and effective action taken against those responsible for serious human rights violations involved in such trafficking.

The Office of the Prosecutor also cooperates effectively with Libyan civil society organizations and victims’ organizations. This cooperation is essential, not only for the effectiveness of investigations but also for ensuring that the victims’ expectations are taken into account.

Mr. President,

Third, the ICC’s work contributes to the broader United Nations efforts to revive the political process in Libya.

A solution is emerging to enable Libya to regain its unity, stability, and sovereignty. France reaffirms its support for the Special Representative of the Secretary-General for Libya, Ms. Hanna Tetteh. We must support the implementation of her roadmap for the resumption of the political process in Libya, which is essential for moving towards the unification of institutions, including the government, and the organization of free, transparent, and inclusive elections throughout Libyan territory.

The enthusiasm generated by the recent municipal elections attests to the Libyan people’s aspiration to determine their own future.

The pursuit of justice and the rejection of impunity are also aspirations of the Libyan people. And it is to these aspirations that the ICC responds, not alone, but alongside other competent jurisdictions. Those who criticize the ICC would be wise to remember this.

Mr. President,

The Court can continue to count on France’s unwavering support for its independent, impartial work in Libya and elsewhere. This support also entails a refusal: that of sanctions imposed against the Court, its personnel, and those who cooperate with it.

France calls, once again, for these sanctions to be lifted.

Thank you.