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UN Security Council Resolution 1970, Libya

Published February 26, 2011

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Resolution

UN Security Council Resolution 1970, Libya

This UN Security Council Resolution regarding peace and security in Libya was adopted on February 26, 2011.


The Security Council,

Expressing grave concern at the situation in the Libyan Arab Jamahiriya and
condemning the violence and use of force against civilians,

Deploring the gross and systematic violation of human rights, including the
repression of peaceful demonstrators, expressing deep concern at the deaths of
civilians, and rejecting unequivocally the incitement to hostility and violence
against the civilian population made from the highest level of the Libyan
government,

Welcoming the condemnation by the Arab League, the African Union, and the
Secretary General of the Organization of the Islamic Conference of the serious
violations of human rights and international humanitarian law that are being
committed in the Libyan Arab Jamahiriya,

Taking note of the letter to the President of the Security Council from the
Permanent Representative of the Libyan Arab Jamahiriya dated 26 February 2011,
Welcoming the Human Rights Council resolution A/HRC/RES/S-15/1 of
25 February 2011, including the decision to urgently dispatch an independent
international commission of inquiry to investigate all alleged violations of
international human rights law in the Libyan Arab Jamahiriya, to establish the facts
and circumstances of such violations and of the crimes perpetrated, and where
possible identify those responsible,

Considering that the widespread and systematic attacks currently taking place
in the Libyan Arab Jamahiriya against the civilian population may amount to crimes
against humanity,

Expressing concern at the plight of refugees forced to flee the violence in the
Libyan Arab Jamahiriya,

Expressing concern also at the reports of shortages of medical supplies to treat
the wounded,


Recalling the Libyan authorities’ responsibility to protect its population,
Underlining the need to respect the freedoms of peaceful assembly and of
expression, including freedom of the media,

Stressing the need to hold to account those responsible for attacks, including
by forces under their control, on civilians,

Recalling article 16 of the Rome Statute under which no investigation or
prosecution may be commenced or proceeded with by the International Criminal
Court for a period of 12 months after a Security Council request to that effect,

Expressing concern for the safety of foreign nationals and their rights in the
Libyan Arab Jamahiriya,

Reaffirming its strong commitment to the sovereignty, independence, territorial
integrity and national unity of the Libyan Arab Jamahiriya.

Mindful of its primary responsibility for the maintenance of international peace
and security under the Charter of the United Nations,

Acting under Chapter VII of the Charter of the United Nations, and taking
measures under its Article 41,

1. Demands an immediate end to the violence and calls for steps to fulfil the
legitimate demands of the population;

2. Urges the Libyan authorities to:

(a) Act with the utmost restraint, respect human rights and international
humanitarian law, and allow immediate access for international human rights
monitors;
(b) Ensure the safety of all foreign nationals and their assets and facilitate
the departure of those wishing to leave the country;
(c) Ensure the safe passage of humanitarian and medical supplies, and
humanitarian agencies and workers, into the country; and
(d) Immediately lift restrictions on all forms of media


3. Requests all Member States, to the extent possible, to cooperate in the
evacuation of those foreign nationals wishing to leave the country;
ICC referral

4. Decides to refer the situation in the Libyan Arab Jamahiriya since
15 February 2011 to the Prosecutor of the International Criminal Court;

5. Decides that the Libyan authorities shall cooperate fully with and provide
any necessary assistance to the Court and the Prosecutor pursuant to this resolution
and, while recognizing that States not party to the Rome Statute have no obligation
under the Statute, urges all States and concerned regional and other international
organizations to cooperate fully with the Court and the Prosecutor;

6. Decides that nationals, current or former officials or personnel from a
State outside the Libyan Arab Jamahiriya which is not a party to the Rome Statute of
the International Criminal Court shall be subject to the exclusive jurisdiction of that
State for all alleged acts or omissions arising out of or related to operations in the
Libyan Arab Jamahiriya established or authorized by the Council, unless such
exclusive jurisdiction has been expressly waived by the State;

7. Invites the Prosecutor to address the Security Council within two months
of the adoption of this resolution and every six months thereafter on actions taken
pursuant to this resolution;

8. Recognizes that none of the expenses incurred in connection with the
referral, including expenses related to investigations or prosecutions in connection
with that referral, shall be borne by the United Nations and that such costs shall be
borne by the parties to the Rome Statute and those States that wish to contribute
voluntarily;

Arms embargo

9. Decides that all Member States shall immediately take the necessary
measures to prevent the direct or indirect supply, sale or transfer to the Libyan Arab
Jamahiriya, from or through their territories or by their nationals, or using their flag
vessels or aircraft, of arms and related materiel of all types, including weapons and
ammunition, military vehicles and equipment, paramilitary equipment, and spare
parts for the aforementioned, and technical assistance, training, financial or other
assistance, related to military activities or the provision, maintenance or use of any
arms and related materiel, including the provision of armed mercenary personnel
whether or not originating in their territories, and decides further that this measure
shall not apply to:

(a) Supplies of non-lethal military equipment intended solely for
humanitarian or protective use, and related technical assistance or training, as
approved in advance by the Committee established pursuant to paragraph 24 below;
(b) Protective clothing, including flak jackets and military helmets,
temporarily exported to the Libyan Arab Jamahiriya by United Nations personnel,
representatives of the media and humanitarian and development workers and
associated personnel, for their personal use only; or
(c) Other sales or supply of arms and related materiel, or provision of
assistance or personnel, as approved in advance by the Committee;

10. Decides that the Libyan Arab Jamahiriya shall cease the export of all
arms and related materiel and that all Member States shall prohibit the procurement
of such items from the Libyan Arab Jamahiriya by their nationals, or using their
flagged vessels or aircraft, and whether or not originating in the territory of the
Libyan Arab Jamahiriya;

11. Calls upon all States, in particular States neighbouring the Libyan Arab
Jamahiriya, to inspect, in accordance with their national authorities and legislation
and consistent with international law, in particular the law of the sea and relevant
international civil aviation agreements, all cargo to and from the Libyan Arab
Jamahiriya, in their territory, including seaports and airports, if the State concerned
has information that provides reasonable grounds to believe the cargo contains items
the supply, sale, transfer, or export of which is prohibited by paragraphs 9 or 10 of
this resolution for the purpose of ensuring strict implementation of those provisions;

12. Decides to authorize all Member States to, and that all Member States
shall, upon discovery of items prohibited by paragraph 9 or 10 of this resolution,
seize and dispose (such as through destruction, rendering inoperable, storage or
transferring to a State other than the originating or destination States for disposal)
items the supply, sale, transfer or export of which is prohibited by paragraphs 9 or
10 of this resolution and decides further that all Member States shall cooperate in
such efforts;

13. Requires any Member State when it undertakes an inspection pursuant to
paragraph 11 above, to submit promptly an initial written report to the Committee
containing, in particular, explanation of the grounds for the inspections, the results
of such inspections, and whether or not cooperation was provided, and, if prohibited
items for transfer are found, further requires such Member States to submit to the
Committee, at a later stage, a subsequent written report containing relevant details
on the inspection, seizure, and disposal, and relevant details of the transfer,
including a description of the items, their origin and intended destination, if this
information is not in the initial report;

14. Encourages Member States to take steps to strongly discourage their
nationals from travelling to the Libyan Arab Jamahiriya to participate in activities
on behalf of the Libyan authorities that could reasonably contribute to the violation
of human rights;

Travel ban

15. Decides that all Member States shall take the necessary measures to
prevent the entry into or transit through their territories of individuals listed in
Annex I of this resolution or designated by the Committee established pursuant to
paragraph 24 below, provided that nothing in this paragraph shall oblige a State to
refuse its own nationals entry into its territory;

16. Decides that the measures imposed by paragraph 15 above shall not
apply:

(a) Where the Committee determines on a case-by-case basis that such travel
is justified on the grounds of humanitarian need, including religious obligation;
(b) Where entry or transit is necessary for the fulfilment of a judicial
process;
(c) Where the Committee determines on a case-by-case basis that an
exemption would further the objectives of peace and national reconciliation in the
Libyan Arab Jamahiriya and stability in the region; or
(d) Where a State determines on a case-by-case basis that such entry or
transit is required to advance peace and stability in the Libyan Arab Jamahiriya and
the States subsequently notifies the Committee within forty-eight hours after making
such a determination;

Asset freeze

17. Decides that all Member States shall freeze without delay all funds, other
financial assets and economic resources which are on their territories, which are
owned or controlled, directly or indirectly, by the individuals or entities listed in
annex II of this resolution or designated by the Committee established pursuant to
paragraph 24 below, or by individuals or entities acting on their behalf or at their
direction, or by entities owned or controlled by them, and decides further that all
Member States shall ensure that any funds, financial assets or economic resources
are prevented from being made available by their nationals or by any individuals or
entities within their territories, to or for the benefit of the individuals or entities
listed in Annex II of this resolution or individuals designated by the Committee;

18. Expresses its intention to ensure that assets frozen pursuant to
paragraph 17 shall at a later stage be made available to and for the benefit of the
people of the Libyan Arab Jamahiriya;

19. Decides that the measures imposed by paragraph 17 above do not apply
to funds, other financial assets or economic resources that have been determined by
relevant Member States:

(a) To be necessary for basic expenses, including payment for foodstuffs,
rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and
public utility charges or exclusively for payment of reasonable professional fees and
reimbursement of incurred expenses associated with the provision of legal services
in accordance with national laws, or fees or service charges, in accordance with
national laws, for routine holding or maintenance of frozen funds, other financial
assets and economic resources, after notification by the relevant State to the
Committee of the intention to authorize, where appropriate, access to such funds,
other financial assets or economic resources and in the absence of a negative
decision by the Committee within five working days of such notification;
(b) To be necessary for extraordinary expenses, provided that such
determination has been notified by the relevant State or Member States to the
Committee and has been approved by the Committee; or
(c) To be the subject of a judicial, administrative or arbitral lien or judgment,
in which case the funds, other financial assets and economic resources may be used
to satisfy that lien or judgment provided that the lien or judgment was entered into
prior to the date of the present resolution, is not for the benefit of a person or entity
designated pursuant to paragraph 17 above, and has been notified by the relevant
State or Member States to the Committee;

20. Decides that Member States may permit the addition to the accounts
frozen pursuant to the provisions of paragraph 17 above of interests or other
earnings due on those accounts or payments due under contracts, agreements or
obligations that arose prior to the date on which those accounts became subject to
the provisions of this resolution, provided that any such interest, other earnings and
payments continue to be subject to these provisions and are frozen;

21. Decides that the measures in paragraph 17 above shall not prevent a
designated person or entity from making payment due under a contract entered into
prior to the listing of such a person or entity, provided that the relevant States have
determined that the payment is not directly or indirectly received by a person or
entity designated pursuant to paragraph 17 above, and after notification by the
relevant States to the Committee of the intention to make or receive such payments
or to authorize, where appropriate, the unfreezing of funds, other financial assets or
economic resources for this purpose, 10 working days prior to such authorization;

Designation criteria

22. Decides that the measures contained in paragraphs 15 and 17 shall apply
to the individuals and entities designated by the Committee, pursuant to paragraph
24 (b) and (c), respectively;

(a) Involved in or complicit in ordering, controlling, or otherwise directing,
the commission of serious human rights abuses against persons in the Libyan Arab
Jamahiriya, including by being involved in or complicit in planning, commanding,
ordering or conducting attacks, in violation of international law, including aerial
bombardments, on civilian populations and facilities; or
(b) Acting for or on behalf of or at the direction of individuals or entities
identified in subparagraph (a).

23. Strongly encourages Member States to submit to the Committee names of
individuals who meet the criteria set out in paragraph 22 above;
New Sanctions Committee

24. Decides to establish, in accordance with rule 28 of its provisional rules of
procedure, a Committee of the Security Council consisting of all the members of the
Council (herein “the Committee”), to undertake to following tasks:

(a) To monitor implementation of the measures imposed in paragraphs 9, 10,
15, and 17;
(b) To designate those individuals subject to the measures imposed by
paragraphs 15 and to consider requests for exemptions in accordance with paragraph
16 above;
(c) To designate those individuals subject to the measures imposed by
paragraph 17 above and to consider requests for exemptions in accordance with
paragraphs 19 and 20 above;
(d) To establish such guidelines as may be necessary to facilitate the
implementation of the measures imposed above;
(e) To report within thirty days to the Security Council on its work for the
first report and thereafter to report as deemed necessary by the Committee;
(f) To encourage a dialogue between the Committee and interested Member
States, in particular those in the region, including by inviting representatives of such
States to meet with the Committee to discuss implementation of the measures;
(g) To seek from all States whatever information it may consider useful
regarding the actions taken by them to implement effectively the measures imposed
above;
(h) To examine and take appropriate action on information regarding alleged
violations or non-compliance with the measures contained in this resolution;

25. Calls upon all Member States to report to the Committee within 120 days
of the adoption of this resolution on the steps they have taken with a view to
implementing effectively paragraphs 9, 10, 15 and 17 above;

Humanitarian assistance

26. Calls upon all Member States, working together and acting in
cooperation with the Secretary General, to facilitate and support the return of
humanitarian agencies and make available humanitarian and related assistance in the
Libyan Arab Jamahiriya, and requests the States concerned to keep the Security
Council regularly informed on the progress of actions undertaken pursuant to this
paragraph, and expresses its readiness to consider taking additional appropriate
measures, as necessary, to achieve this;

Commitment to review

27. Affirms that it shall keep the Libyan authorities’ actions under continuous
review and that it shall be prepared to review the appropriateness of the measures
contained in this resolution, including the strengthening, modification, suspension
or lifting of the measures, as may be needed at any time in light of the Libyan
authorities’ compliance with relevant provisions of this resolution;

28. Decides to remain actively seized of the matter.

Annex I
Travel ban
1. Al-Baghdadi, Dr Abdulqader Mohammed
Passport number: B010574. Date of birth: 01/07/1950.
Head of the Liaison Office of the Revolutionary Committees. Revolutionary
Committees involved in violence against demonstrators.
2. Dibri, Abdulqader Yusef
Date of birth: 1946. Place of birth: Houn, Libya.
Head of Muammar Qadhafi’s personal security. Responsibility for regime
security. History of directing violence against dissidents.
3. Dorda, Abu Zayd Umar
Director, External Security Organisation. Regime loyalist. Head of external
intelligence agency.
4. Jabir, Major General Abu Bakr Yunis
Date of birth: 1952. Place of birth: Jalo, Libya.
Defence Minister. Overall responsibility for actions of armed forces.
5. Matuq, Matuq Mohammed
Date of birth: 1956. Place of birth: Khoms.
Secretary for Utilities. Senior member of regime. Involvement with
Revolutionary Committees. Past history of involvement in suppression of
dissent and violence.
6. Qadhaf Al-dam, Sayyid Mohammed
Date of birth: 1948. Place of birth: Sirte, Libya.
Cousin of Muammar Qadhafi. In the 1980s, Sayyid was involved in the
dissident assassination campaign and allegedly responsible for several deaths
in Europe. He is also thought to have been involved in arms procurement.
7. Qadhafi, Aisha Muammar
Date of birth: 1978. Place of birth: Tripoli, Libya.
Daughter of Muammar Qadhafi. Closeness of association with regime.
8. Qadhafi, Hannibal Muammar
Passport number: B/002210. Date of birth: 20/09/1975. Place of birth: Tripoli,
Libya. Son of Muammar Qadhafi. Closeness of association with regime.
9. Qadhafi, Khamis Muammar
Date of birth: 1978. Place of birth: Tripoli, Libya.
Son of Muammar Qadhafi. Closeness of association with regime. Command of
military units involved in repression of demonstrations.
10. Qadhafi, Mohammed Muammar
Date of birth: 1970. Place of birth: Tripoli, Libya.
Son of Muammar Qadhafi. Closeness of association with regime.
11. Qadhafi, Muammar Mohammed Abu Minyar
Date of birth: 1942. Place of birth: Sirte, Libya.
Leader of the Revolution, Supreme Commander of Armed Forces.
Responsibility for ordering repression of demonstrations, human rights abuses.
12. Qadhafi, Mutassim
Date of birth: 1976. Place of birth: Tripoli, Libya.
National Security Adviser. Son of Muammar Qadhafi. Closeness of association
with regime.
13. Qadhafi, Saadi
Passport number: 014797. Date of birth: 25/05/1973. Place of birth: Tripoli,
Libya.
Commander Special Forces. Son of Muammar Qadhafi. Closeness of
association with regime. Command of military units involved in repression of
demonstrations.
14. Qadhafi, Saif al-Arab
Date of birth: 1982. Place of birth: Tripoli, Libya.
Son of Muammar Qadhafi. Closeness of association with regime.
15. Qadhafi, Saif al-Islam
Passport number: B014995. Date of birth: 25/06/1972. Place of birth: Tripoli,
Libya.
Director, Qadhafi Foundation. Son of Muammar Qadhafi. Closeness of
association with regime. Inflammatory public statements encouraging violence
against demonstrators.
16. Al-Senussi, Colonel Abdullah
Date of birth: 1949. Place of birth: Sudan.
Director Military Intelligence. Military Intelligence involvement in
suppression of demonstrations. Past history includes suspicion of involvement
in Abu Selim prison massacre. Convicted in absentia for bombing of UTA
flight. Brother-in-law of Muammar Qadhafi.

Annex II
Asset freeze
1. Qadhafi, Aisha Muammar
Date of birth: 1978. Place of birth: Tripoli, Libya.
Daughter of Muammar Qadhafi. Closeness of association with regime.
2. Qadhafi, Hannibal Muammar
Passport number: B/002210. Date of birth: 20/09/1975. Place of birth: Tripoli,
Libya. Son of Muammar Qadhafi. Closeness of association with regime.
3. Qadhafi, Khamis Muammar
Date of birth: 1978. Place of birth: Tripoli, Libya.
Son of Muammar Qadhafi. Closeness of association with regime. Command of
military units involved in repression of demonstrations.
4. Qadhafi, Muammar Mohammed Abu Minyar
Date of birth: 1942. Place of birth: Sirte, Libya.
Leader of the Revolution, Supreme Commander of Armed Forces.
Responsibility for ordering repression of demonstrations, human rights abuses.
5. Qadhafi, Mutassim
Date of birth: 1976. Place of birth: Tripoli, Libya.
National Security Adviser. Son of Muammar Qadhafi. Closeness of association
with regime.
6. Qadhafi, Saif al-Islam
Passport number: B014995. Date of birth: 25/06/1972. Place of birth: Tripoli,
Libya.
Director, Qadhafi Foundation. Son of Muammar Qadhafi. Closeness of
association with regime. Inflammatory public statements encouraging violence
against demonstrators.