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

(28 April 2022)

Madame President,

I would like to join others in thanking the Prosecutor, Mr. Karim Khan, for his briefing today and for his comprehensive report on the work of the Office with regard to Libya.

2. At the very outset, I would like to state on record that India is not a party to the Rome Statue. When the Libyan issue was referred to the ICC way back in 2011, India had expressed its doubts about such a course of action. Subsequent events have, unfortunately, vindicated our doubts.

3. It is clear from this report of the Prosecutor as well as the reports preceding this, that the referral to the ICC had no effect in bringing about cessation of violence or restoration of stability in the country. In fact, subsequent developments have only reinforced our view that when cases are referred to the Court primarily for political reasons, the ICC mechanism may not be best suited to serve the purpose of justice.

Madame President,

4. Recent developments and political disagreements in Libya are a matter of concern. We hope that all outstanding political issues could be resolved peacefully by the parties concerned, keeping the larger interests of the Libyan people in mind. The ceasefire agreement of October 2020 has held firm till now, and we hope that all parties will work together to maintain peace and stability. In this regard, we once again reiterate the imperative for holding the Presidential and Parliamentary elections at the earliest. Holding of the elections in a timely manner would be necessary to carry forward the momentum generated by signing of Ceasefire Agreement. We note and welcome the convening of the consultations of the Joint Committee of the House of Representatives and the High Council of State in Cairo by the Special Advisor to the Secretary General to determine the constitutional basis for the elections.

5. The priority right now is to ensure that elections are held at the earliest in a free, fair, inclusive, and credible manner. We hope that all parties in Libya can unite around this common purpose. It is important for the Security Council and the international community to support the Libyan people in this endeavour.
We also need to send a clear message that violence in any form is condemnable and would undermine the progress achieved since 2020.

6. We must ensure that terrorist groups and affiliated entities are not allowed to operate unchallenged in Libya. The continued presence and activities of ISIL in Libya is of serious concern, also due to the potential cascading effect it could have throughout the Sahel region.

Madame President,

7. India has traditionally enjoyed close and mutually beneficial bilateral ties with Libya. We hope that all efforts by the international community contribute towards achieving unity, peace, security and stability and bring about an inclusive and comprehensive national reconciliation.

I thank you.