-- Randy Economy
Situation Referred to International Criminal Court;
Secretary-General Expresses Hope Message ‘Heard and Heeded’ in Libya;
Deploring what it  called “the gross and systematic violation of human rights” in  strife-torn Libya, the Security Council this evening demanded an end to  the violence and decided to refer the situation to the International  Criminal Court while imposing an arms embargo on the country and a  travel ban and assets freeze on the family of Muammar Al-Qadhafi and  certain Government officials.
Unanimously adopting  resolution 1970 (2011) under Article 41 of the Charter’s Chapter VII,  the Council authorized all Member States to seize and dispose of  military-related materiel banned by the text and adopt “all measures  necessary” to secure the prompt and safe delivery of humanitarian  assistance to those in need.
Through the text, the  Council also decided to establish a new committee to monitor sanctions,  to liaison with Member States on compliance and to respond to violations  and to designate the individuals subject to the targeted measures.   Individuals and entities immediately subjected to the targeted sanctions  were listed in an Annex to the resolution.
Regarding its referral  of the situation in Libya since 15 February 2011 to the Prosecutor of  the International Criminal Court, the Council recognized that States not  party to the Rome Statute that established the Court had no obligations  to it, but urged all States and concerned organizations to cooperate  fully with the Court’s Prosecutor.
The Council affirmed it  would keep the actions of the Libyan authorities under continuous  review and would be prepared to strengthen, modify, suspend or lift the  prescribed measures in light of compliance or non-compliance with the  resolution.  
Following the adoption  of the text, Secretary-General Ban Ki-moon welcomed the Council’s  “decisive” action.  “While it cannot, by itself, end the violence and  the repression, it is a vital step — a clear expression of the will of a  united community of nations,” he said.
In their explanations  of vote, Council members welcomed the unanimity of the action and  expressed solidarity with the people of   Libya, hoping that their  “swift and decisive” intervention would help bring them relief.  Many  expressed hope that the resolution was a strong step in affirming the  responsibility of States to protect their people as well as the  legitimate role of the Council to step in when they failed to meet that  responsibility. 
With the referral of  the situation to the International Criminal Court,   France’s  representative hoped the vote would open a new era in commitment to the  protection of populations.  Further to that goal, Brazil’s  representative expressed strong reservations to the provision in the  resolution allowing for exemptions from jurisdiction of nationals from  non-States parties, saying those were not helpful to advance the cause  of justice and accountability.  
Noting that five  Council members were not parties to the Rome Statute that set up the  International Criminal Court, including India, that country’s  representative said he would have preferred a “calibrated approach” to  the issue.  However, he was convinced that the referral would help to  bring about the end of violence and he heeded the call of the  Secretary-General on the issue, while stressing the importance of the  provisions in the resolution regarding non-States parties to the  Statute.  
Some speakers, such as  the representatives of  Lebanon and the  Russian Federation, stressed  the importance of affirming the sovereignty and territorial integrity of    Libya.  The Chinese representative said he had supported the  resolution taking into account the special circumstances in   Libya.
Speaking last, Libya’s  representative said that the Council’s action represented moral support  for his people and was a signal that an end must be put to the fascist  regime in Tripoli.  He launched an appeal to all the officers of the  Libyan armed forces to support their own people, and welcomed the  referral to the International Criminal Court, as well as the decision  not to impose sanctions on those who might abandon Mr. Al-Qadhafi in the  end.
Also speaking this  evening were the representatives of the United Kingdom, South Africa,  Nigeria, United States, Colombia, Portugal, Germany, and Bosnia and  Herzegovina and Gabon.
The meeting was opened at 8:10 p.m. and closed at 8:55 p.m.
 
 
 
 
 
 
 
