Statement by the Republic of Slovenia at the UNSC meeting on the situation in Libya

Thank you Mr. President.

I would like to thank Prosecutor Khan for his briefing and the 29^th report regarding the Libya situation. Prosecutor Khan, we regret that you were not able to be here in person, despite your willingness. We welcome the Permanent Representatives of Libya and Italy to the meeting as well.

I begin by reaffirming Slovenia’s continued strong and unequivocal support to the ICC and its Prosecutor. It is essential that both the Court and the Prosecutor are able to fulfill their mandates independently, impartially and free from external pressure. Threats or sanctions against judicial institutions or against their officials are unacceptable and should be rejected.

Mr. President,

Let me make the following remarks.

Firstly, we note that the Libya investigation is near completion. We welcome the further significant progress made, especially with regards to detention facilities, which has resulted in unsealing of the arrest warrant issued for Mr. Njeem for crimes allegedly committed in Mitiga prison. However, we strongly regret that despite this warrant Mr. Njeem has since been able to return to Libya. This prompts the question of what message it sends to both victims and perpetrators.

Secondly, we welcome the continued and enhanced engagement of the Office of the Prosecutor with victims’ associations and civil society. A victim-centered approach and sustained dialogue with survivors are extremely important for both Libyans and migrants who have suffered the most atrocious crimes. Their right to justice and redress must remain at the heart of international efforts.

Thirdly, we encourage the Libyan authorities to strengthen the criminal justice system on the basis of established standards, with the aim of effective law enforcement. We urge them to continue and strengthen their cooperation with the Prosecutor in accordance with the resolution 1970 and in this regard, we strongly welcome Libya’s declaration accepting the ICC jurisdiction. We also call on all states – whether parties to the Rome Statute or not – to cooperate fully with the Court. We remind all states that the UN Security Council resolutions are binding and must be implemented. In particular we emphasize the importance of executing all outstanding ICC arrest warrants in full.

Mr. President,

This is the year of significant anniversaries. Eighty years have passed since the end of the Second World War. Soon we will mark 80 years since the signing of the UN Charter and the founding of the UN.

Yet this is also the year with the highest number of conflicts since the end of the WWII and the year marked by the continued, persistent and blatant violations and disregard of international humanitarian law.

However, this year also marks 80 years since the start of the Nuremberg trials. All those suffering amid the horrors of war and atrocities long for peace. But they also long for justice – because there cannot be one without the other. This is what the Allies understood after the War. It is worth recalling that it was the then Prosecutor’s crucial role during the Nuremberg trials that helped establish the enduring principle that no individual – regardless of rank or status – is above the law. And it is what 125 states parties to the Rome Statute have affirmed and what this Security Council recognized when it referred the Libya situation to the ICC.

Fulfilling this hope for justice is an immense challenge. It becomes even more difficult when those who are tasked with delivering justice face threats, sanctions or arrest warrants for simply doing their job and trying to rebuild one of the foundations of international peace and security.  

That is why we commend the ICC and we commend you, Prosecutor Khan, for continuing the work to fulfill your mandate with commitment and professionalism in exceedingly difficult circumstances. You – and the Court as a key building block of the international criminal justice – deserve our full support as well as the support of this Council that should stand behind its own resolutions and secure their enforcement. 

I thank you.

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