UNSC briefing on Libya by the Prosecutor of the International Criminal Court (ICC)

INDIA STATEMENT

By

Mr. R. Ravindra

Deputy Permanent Representative - Political Coordinator

17 May 2021

Thank you Mr. President,

I would like to join others in thanking the Prosecutor, Ms. Fatou Bensouda, for her briefing today. Let me state at the outset that India is not party to the Rome Statute.

I would like the Council to recall that when Resolution 1970 concerning Libya was adopted, then as a member of the Security Council, India had called for a calibrated and gradual approach. However, noting that several members of the Council believed that such a referral to the ICC would have the effect of immediate cessation of violence and restoration of calm and stability, we had not stood in the way of  consensus in the Council. It has been ten years since then.

The acquittals in  recent years have cast a shadow on the credibility of the ICC. These developments appear to substantiate the view that the ICC mechanism may not serve the purpose of justice when cases or situations are referred to the Court primarily for political reasons.

Mr. President,

We are encouraged to note that the ceasefire has largely been holding up, and the new Government of National Unity charged with leading Libya to elections on 24 December 2021 has been moving ahead with purpose. However, we also note that sources of instability still remain and spoilers could still hinder the progress towards peace and stability in the country.

It is imperative that the Ceasefire Agreement of 23 October 2020 be implemented in full. In particular, we note with concern that its provisions on the withdrawal of foreign fighters and mercenaries continue to be violated, posing a serious threat not only to Libya but also to its neighbours and the region as a whole.

India is also concerned about the violations of the arms embargo. Such violations have the potential to cause hindrances in achieving progress in the political process by threatening the security environment.

Mr. President,

India has traditionally enjoyed close and mutually beneficial bilateral ties with Libya. We genuinely wish to see enduring peace and stability return to the country and remain committed to supporting Libya and the Libyan people in this endeavour. We hope that all efforts by the international community, including the ICC,  contribute towards achieving unity, peace, security and stability in the country.

I thank you Mr. President.