Resolution 1970

Resolution 1970

Resolution 1970 in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): On February 26, 2011, the United Nations Security Council, acting under Chapter VII, Article 41, adopted Resolution 1970 which was co-sponsored by the United States. U.N. Doc S/RES/1970. Resolution 1970 referred the situation in Libya to the International Criminal Court (“ICC”), imposed an arms embargo and other arms restrictions, imposed targeted sanctions on key figures in the Qadhafi regime, and provided for humanitarian assistance. The United States Mission to the United Nations issued a fact sheet on the resolution, available at (internet link) usun.state.gov/briefing/statements/2011/157194.htm and excerpted below.

The United Nations Security Council has adopted a comprehensive resolution to respond to the outrageous violence perpetrated by Muammar Qadafi on the Libyan people. This resolution imposes immediate measures to stop the violence, ensure accountability and facilitate humanitarian aid.

The Security Council has demanded an end to the violence and urged Libyan authorities to respect human rights, ensure the safety of foreign nationals, allow the safe passage of humanitarian supplies and lift restrictions on all forms of media.

Developments

Significantly, the resolution:

1) Refers the situation to the International Criminal Court (ICC) • The Security Council referral gives the ICC jurisdiction over crimes committed in Libya after February 15, the day of the first protests in Benghazi. The ICC may investigate crimes including war crimes, crimes against humanity and genocide.

• A referral to the ICC is necessary because Libya is not a party to the ICC Rome Statute.

• The ICC Prosecutor will report regularly to the Security Council.

2) Imposes an arms embargo and other arms restrictions • All states are prohibited to provide any kind of arms to Libya.

• All states are prohibited from allowing the transit to Libya of mercenaries.

• Libya is prohibited from exporting any arms to any other state.

• States are called upon to inspect suspicious cargo that may contain arms. When such arms are found, states are required to seize and dispose of them.

• All states are called on to strongly discourage their nationals from traveling to Libya to contribute to human rights violations.

3) Imposes targeted sanctions on key regime figures • Seventeen Qadafi loyalists are subject to an international travel ban.

• Six of these individuals, including Qadafi himself and his immediate family members, are also subject to a freeze of their assets.

• The Security Council commits to ensure that any frozen assets will be made available to benefit the people of Libya.

• A Sanctions Committee is established to impose targeted sanctions on additional individuals and entities who commit serious human rights abuses, including ordering attacks and aerial bombardments on civilian populations or facilities.

4) Provides for humanitarian assistance • All states are called upon to work together to facilitate humanitarian assistance and support the return of humanitarian agencies.

• The Security Council expresses its readiness to consider additional measures to achieve the delivery of such assistance.

5) Commits to review the measures Ambassador Susan E. Rice, U.S. Permanent Representative to the United Nations, delivered remarks hailing passage of the resolution, available at https://usun.state.gov/briefing/statements/2011/157193.htm:

Details

…When atrocities are committed against innocents, the international community must speak with one voice and today, it has. Tonight, acting under Chapter VII, the Security Council has come together to condemn the violence, pursue accountability, and adopt biting sanctions, targeting Libya’s unrepentant leadership. This is a clear warning to the Libyan government: that it must stop the killing.

Those who slaughter civilians will be held personally accountable. The international community will not tolerate violence of any sort against the Libyan people by their government or security forces.

Resolution 1970 is a strong resolution. It includes a travel ban and an asset freeze for key Libyan leaders. It imposes a complete arms embargo on Libya. It takes new steps against the use of mercenaries by the Libyan government to attack its own people. And for the first time ever, the Security Council has unanimously referred an egregious human rights situation to the International Criminal Court.

As President Obama said today, when a leader’s only means of staying in power is to use mass violence against his own people, he has lost the legitimacy to rule—and needs to do what is right for his country by leaving now.

The protests in Libya are being driven by the people of Libya. This is about people’s ability to shape their own future, wherever they may be. It is about human rights and fundamental freedoms.

The Security Council has acted today to support the Libyan people’s universal rights. These rights are not negotiable. They cannot be denied. Libya’s leaders will be held accountable for violating these rights and for failing to meet their most basic responsibilities to their people.

Ambassador Rice also answered questions from the press on the same day Resolution 1970 was passed. Her remarks, excerpted below, are available in full at (internet link) usun.state.gov/briefing/statements/2011/157195.htm.

More about the Issue

Good evening, everyone. Tonight, the international community has spoken with one voice. Resolution 1970 imposes tough and binding measures that aim to stop the Libyan regime from killing its own people. We want to thank the delegation of the UK for its skillful leadership of this effort in the Council. And we’re very pleased with the outcome, and also with the unity of purpose that the Council has showed in acting quickly and decisively in accordance with its responsibility to protect.

…[I]t’s very significant that the Council has acted so swiftly, and in unanimity around what are some outrageous and heinous crimes that are being committed by the government of Libya against its own people. The United States and all the members of the Council felt that what is transpiring is absolutely unacceptable and demanded an urgent and unanimous response. We are pleased to have supported this entire resolution and all of its measures, including the referral to the ICC. We are happy to have the opportunity to co-sponsor this and we think that it is a very powerful message to the leadership of Libya that this heinous killing must stop and that individuals will be held personally accountable.

First of all, I can’t remember a time in recent memory when the Council has acted so swiftly, so decisively, and in unanimity on an urgent matter of international human rights. So this in itself is mightily important. Secondly the resolution puts in place some very concrete enforcement mechanisms, a sanctions committee, panels to enforce and review these measures which we have learned are effective in helping the Security Council ensure the effective implementation of its resolutions. I think all members of the Security Council are united in their determination that these sanctions work, that they work as swiftly as possible, and that they have the intended effect of stopping the violence against innocent civilians.

Resources

See Also

  • Sanctions
  • Export Controls
  • International Restrictions
  • Imposition Of Sanctions
  • Implementation Of Sanctions
  • Modification Of Sanctions
  • Libya
  • Un Security Council Resolutions

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *