United Nations Security Council Resolution 1970
Encyclopedia
United Nations
Security Council Resolution
1970 was a measure adopted unanimously by the UN
Security Council
on 26 February 2011. It condemned the use of lethal force by the regime of Muammar Gaddafi
against protesters participating in the 2011 Libyan civil war
, and imposed a series of international sanctions
in response.
The Security Council resolution
marked the first time a country was unanimously referred to the International Criminal Court
by the council.
It has been alleged by Le Figaro
that France has openly violated the resolution by parachuting weapons to Libyan rebels (see lower).
over civilian protesters, which drew widespread condemnation. Under pressure from mutinying Libyan diplomats the UN was brought to act.
, Germany
, the United Kingdom
and the United States
, was adopted after a day-long discussion. Libyan Ambassador to the United Nations Abdurrahman Mohamed Shalgam
, who defected from Gaddafi's regime, appealed to the Security Council to act on the situation in Libya. He persuaded China
, India
and Russia
to include a reference to the International Criminal Court
, after they previously expressed concern that it could inflame the situation. Russia secured a provision preventing nations from using the resolution as a pretext for intervention in Libya. Another provision proposed by Libyan representatives to include a no-fly zone
over the country was rejected.
, and attempts by the Libyan government to incite violence; statements of condemnation from the Arab League
, African Union
, Organisation of the Islamic Conference and United Nations Human Rights Council
were welcomed by the Council. Such attacks on protesters were considered to amount to crimes against humanity.
There was concern at the refugee
situation, a shortage of medical supplies and the welfare of foreign nationals. The Security Council recalled the Libyan government's responsibility to protect its people, respect the freedoms of assembly
, expression and a free media
. Additionally, the government was reminded of the need to bring those responsible for attacks on civilians to account.
The text of the resolution recalled that no investigation or prosecution could take place at the International Criminal Court
for a period of 12 months after a case had been referred to it by the Security Council. At the same time, the Council acknowledged its role in the maintenance of international peace and security.
and Article 41, thus making its provisions legally enforceable.
The Council demanded an immediate end to the violence in Libya and for the government to address the "legitimate demands of the population". It urged the authorities to respect international humanitarian
and human rights law, act with restraint, ensure the safety of foreign nationals and humanitarian supplies and lift restrictions placed on the media. International co-operation was advised to evacuate foreign nationals from the country.
The resolution then referred the situation in Libya to the Prosecutor
of the International Criminal Court, who was to address the Council within two months following the adoption of Resolution 1970 and every six months thereafter on action taken, further deciding that Libyan officials should fully co-operate with the Court. An arms embargo
was also imposed, preventing weapon
s from being exported to or out of Libya. States neighbouring Libya were encouraged to inspect suspicious cargo for weapons and to seize any found, while they were also called upon to prevent mercenaries
from being used in the uprising. Furthermore, a travel ban and asset freeze was imposed on individuals both in and closely linked to the Libyan regime; any frozen assets would be made available to benefit the population.
The Security Council established a Committee to monitor the implementation of the sanctions, investigate violations and to impose targeted sanctions on additional individuals and entities. All states were called upon to facilitate humanitarian assistance
to Libya. The resolution concluded with the Council stating its intention to review, modify, strengthen or lift the measures in light of the situation.
told Al-Arabiya that his forces were receiving armament supplies from abroad. This information was confirmed by Mustafa Gheriani, a spokesman for the rebels’ National Transitional Council
. Later (July 28) it became known that it was France that parachuted assault rifle
s, machineguns and anti-tank guided weapons for the first time, and that is airlifting weapons to the airfields, recently constructed by rebels now.
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Security Council Resolution
United Nations Security Council Resolution
A United Nations Security Council resolution is a UN resolution adopted by the fifteen members of the Security Council; the UN body charged with "primary responsibility for the maintenance of international peace and security"....
1970 was a measure adopted unanimously by the UN
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
on 26 February 2011. It condemned the use of lethal force by the regime of Muammar Gaddafi
Muammar Gaddafi
Muammar Muhammad Abu Minyar Gaddafi or "September 1942" 20 October 2011), commonly known as Muammar Gaddafi or Colonel Gaddafi, was the official ruler of the Libyan Arab Republic from 1969 to 1977 and then the "Brother Leader" of the Libyan Arab Jamahiriya from 1977 to 2011.He seized power in a...
against protesters participating in the 2011 Libyan civil war
2011 Libyan civil war
The 2011 Libyan civil war was an armed conflict in the North African state of Libya, fought between forces loyal to Colonel Muammar Gaddafi and those seeking to oust his government. The war was preceded by protests in Benghazi beginning on 15 February 2011, which led to clashes with security...
, and imposed a series of international sanctions
International sanctions
International sanctions are actions taken by countries against others for political reasons, either unilaterally or multilaterally.There are several types of sanctions....
in response.
The Security Council resolution
United Nations Security Council Resolution
A United Nations Security Council resolution is a UN resolution adopted by the fifteen members of the Security Council; the UN body charged with "primary responsibility for the maintenance of international peace and security"....
marked the first time a country was unanimously referred to the International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
by the council.
It has been alleged by Le Figaro
Le Figaro
Le Figaro is a French daily newspaper founded in 1826 and published in Paris. It is one of three French newspapers of record, with Le Monde and Libération, and is the oldest newspaper in France. It is also the second-largest national newspaper in France after Le Parisien and before Le Monde, but...
that France has openly violated the resolution by parachuting weapons to Libyan rebels (see lower).
Background
During the 2011 civil war, Gaddafi's loyalist forces carried out aerial bombings in TripoliTripoli
Tripoli is the capital and largest city in Libya. It is also known as Western Tripoli , to distinguish it from Tripoli, Lebanon. It is affectionately called The Mermaid of the Mediterranean , describing its turquoise waters and its whitewashed buildings. Tripoli is a Greek name that means "Three...
over civilian protesters, which drew widespread condemnation. Under pressure from mutinying Libyan diplomats the UN was brought to act.
Adoption
Resolution 1970, proposed by FranceFrance
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, was adopted after a day-long discussion. Libyan Ambassador to the United Nations Abdurrahman Mohamed Shalgam
Abdel Rahman Shalgham
Abdel Rahman Shalgam is a Libyan politician. He was Foreign Minister of Libya from 2000 to 2009.From 1984 to 1995, before taking the office of Foreign Minister, Abdel Rahman Shalgham was Secretary of Libya's People's Bureau to Rome, Italy.From 1998 to 2000 he was appointed Secretary of Foreign...
, who defected from Gaddafi's regime, appealed to the Security Council to act on the situation in Libya. He persuaded China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
, India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
and Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
to include a reference to the International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
, after they previously expressed concern that it could inflame the situation. Russia secured a provision preventing nations from using the resolution as a pretext for intervention in Libya. Another provision proposed by Libyan representatives to include a no-fly zone
No-fly zone
A no-fly zone is a territory or an area over which aircraft are not permitted to fly. Such zones are usually set up in a military context, somewhat like a demilitarized zone in the sky, and usually prohibit military aircraft of a belligerent nation from operating in the region.-Iraq,...
over the country was rejected.
Observations
In the introduction of the resolution, the Council expressed "grave concern" at the situation in Libya and condemned the use of force against civilians. It also condemned the repression and violations of human rightsHuman rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
, and attempts by the Libyan government to incite violence; statements of condemnation from the Arab League
Arab League
The Arab League , officially called the League of Arab States , is a regional organisation of Arab states in North and Northeast Africa, and Southwest Asia . It was formed in Cairo on 22 March 1945 with six members: Egypt, Iraq, Transjordan , Lebanon, Saudi Arabia, and Syria. Yemen joined as a...
, African Union
African Union
The African Union is a union consisting of 54 African states. The only all-African state not in the AU is Morocco. Established on 9 July 2002, the AU was formed as a successor to the Organisation of African Unity...
, Organisation of the Islamic Conference and United Nations Human Rights Council
United Nations Human Rights Council
The United Nations Human Rights Council is an inter-governmental body within the United Nations System. The UNHRC is the successor to the United Nations Commission on Human Rights , and is a subsidiary body of the United Nations General Assembly...
were welcomed by the Council. Such attacks on protesters were considered to amount to crimes against humanity.
There was concern at the refugee
Refugee
A refugee is a person who outside her country of origin or habitual residence because she has suffered persecution on account of race, religion, nationality, political opinion, or because she is a member of a persecuted 'social group'. Such a person may be referred to as an 'asylum seeker' until...
situation, a shortage of medical supplies and the welfare of foreign nationals. The Security Council recalled the Libyan government's responsibility to protect its people, respect the freedoms of assembly
Freedom of assembly
Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right to come together and collectively express, promote, pursue and defend common interests...
, expression and a free media
Freedom of the press
Freedom of the press or freedom of the media is the freedom of communication and expression through vehicles including various electronic media and published materials...
. Additionally, the government was reminded of the need to bring those responsible for attacks on civilians to account.
The text of the resolution recalled that no investigation or prosecution could take place at the International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
for a period of 12 months after a case had been referred to it by the Security Council. At the same time, the Council acknowledged its role in the maintenance of international peace and security.
Acts
The remainder of the resolution was enacted under Chapter VII of the United Nations CharterChapter VII of the United Nations Charter
Chapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace...
and Article 41, thus making its provisions legally enforceable.
The Council demanded an immediate end to the violence in Libya and for the government to address the "legitimate demands of the population". It urged the authorities to respect international humanitarian
International humanitarian law
International humanitarian law , often referred to as the laws of war, the laws and customs of war or the law of armed conflict, is the legal corpus that comprises "the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law." It...
and human rights law, act with restraint, ensure the safety of foreign nationals and humanitarian supplies and lift restrictions placed on the media. International co-operation was advised to evacuate foreign nationals from the country.
The resolution then referred the situation in Libya to the Prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
of the International Criminal Court, who was to address the Council within two months following the adoption of Resolution 1970 and every six months thereafter on action taken, further deciding that Libyan officials should fully co-operate with the Court. An arms embargo
Arms embargo
An arms embargo is an embargo that applies to weaponry. It may also include "dual use" items. An arms embargo may serve one or more purposes:# to signal disapproval of behavior by a certain actor,# to maintain neutral standing in an ongoing conflict, or...
was also imposed, preventing weapon
Weapon
A weapon, arm, or armament is a tool or instrument used with the aim of causing damage or harm to living beings or artificial structures or systems...
s from being exported to or out of Libya. States neighbouring Libya were encouraged to inspect suspicious cargo for weapons and to seize any found, while they were also called upon to prevent mercenaries
Mercenary
A mercenary, is a person who takes part in an armed conflict based on the promise of material compensation rather than having a direct interest in, or a legal obligation to, the conflict itself. A non-conscript professional member of a regular army is not considered to be a mercenary although he...
from being used in the uprising. Furthermore, a travel ban and asset freeze was imposed on individuals both in and closely linked to the Libyan regime; any frozen assets would be made available to benefit the population.
The Security Council established a Committee to monitor the implementation of the sanctions, investigate violations and to impose targeted sanctions on additional individuals and entities. All states were called upon to facilitate humanitarian assistance
Humanitarian aid
Humanitarian aid is material or logistical assistance provided for humanitarian purposes, typically in response to humanitarian crises including natural disaster and man-made disaster. The primary objective of humanitarian aid is to save lives, alleviate suffering, and maintain human dignity...
to Libya. The resolution concluded with the Council stating its intention to review, modify, strengthen or lift the measures in light of the situation.
Travel ban
The following members of the Gaddafi regime were subjects of the travel ban:- Dr Baghdadi MahmudiBaghdadi MahmudiBaghdadi Ali Mahmudi was Secretary of the General People's Committee of Libya from 5 March 2006 to as late as 1 September 2011, when he acknowledged the collapse of the GPCO and the ascendance of the National Transitional Council as a result of the Libyan civil war...
, Head of the Liaison Office of the Revolutionary Committees - Abdulqader Yusef Dibri, Head of Muammar Gaddafi’s personal security, responsible for regime security
- Abuzed Omar DordaAbuzed Omar DordaAbuzed Omar Dorda was General Secretary of the People's Committee of Libya from 7 October 1990 to 29 January 1994, and as Libya's Permanent Representative to the United Nations from 1997 to 2003....
, Director of the External Security Organisation - Major General Abu-Bakr Yunis JabrAbu-Bakr Yunis JabrMajor General Abu-Bakr Yunis Jabr was the Libyan Minister of Defence under the regime of Colonel Muammar Gaddafi. His official position was Secretary of the Libyan General Interim Committee for Defence.There is disagreement about the year of Jabr's birth. According to the UN he was born in 1952...
, Defence Minister - Matuq Mohammed Matuq, Secretary for Utilities
- Sayyid Mohammed Qadhaf Al-dam, cousin of Muammar Gaddafi
- Ayesha Gaddafi, daughter of Muammar Gaddafi
- Hannibal Muammar GaddafiHannibal Muammar GaddafiHannibal Muammar Gaddafi is the fourth son of former Libyan leader Muammar Gaddafi and his second wife, Safia Farkash.-Biography:Gaddafi started his maritime career by joining the Marine Academy of Maritime Studies/Libya in 1993 as a Deck Cadet...
, son of Muammar Gaddafi - Khamis Gaddafi, son of Muammar Gaddafi and leader of the Khamis BrigadeKhamis BrigadeThe Khamis Brigade, formally the 32nd Reinforced Brigade of the Armed People, was a special forces brigade of the Libyan military loyal to Muammar Gaddafi, the de-facto leader of Libya since 1969...
- Muhammad Gaddafi, son of Muammar Gaddafi
- Muammar GaddafiMuammar GaddafiMuammar Muhammad Abu Minyar Gaddafi or "September 1942" 20 October 2011), commonly known as Muammar Gaddafi or Colonel Gaddafi, was the official ruler of the Libyan Arab Republic from 1969 to 1977 and then the "Brother Leader" of the Libyan Arab Jamahiriya from 1977 to 2011.He seized power in a...
, Leader of the Revolution, Supreme Commander of the Armed Forces - Mutassim Gaddafi, National Security Adviser, son of Muammar Gaddafi
- Al-Saadi Gaddafi, Commander of Special Forces, son of Muammar Gaddafi
- Saif al-Arab Gaddafi, son of Muammar Gaddafi
- Saif al-Islam Gaddafi, Director of the Gaddafi Foundation, son of Muammar Gaddafi
- Colonel Abdullah SenussiAbdullah SenussiAbdullah Senussi is a Libyan national who was the intelligence chief and brother-in-law of Colonel Muammar Gaddafi. He was married to Gaddafi's sister-in-law....
, Director of Military Intelligence, brother-in-law of Muammar Gaddafi
Asset freeze
The following were also subjects of an asset freeze:- Ayesha Gaddafi
- Hannibal Muammar Gaddafi
- Khamis Gaddafi
- Muammar Gaddafi
- Mutassim Gaddafi
- Saif al-Islam Gaddafi
Infraction of the resolution
On 16 April 2011 one of the rebel leaders general Abdul Fatah YounisAbdul Fatah Younis
Abdul Fatah Younis , sometimes transliterated Fattah Younis or Fattah Younes or Fatah Younes, was a senior military officer in Libya. He held the rank of Major General and the post of Minister of Interior, but resigned on 22 February 2011 to defect to the rebel side in what was to become the 2011...
told Al-Arabiya that his forces were receiving armament supplies from abroad. This information was confirmed by Mustafa Gheriani, a spokesman for the rebels’ National Transitional Council
National Transitional Council
The National Transitional Council of Libya , sometimes known as the Transitional National Council, the Interim National Council, or the Libyan National Council,...
. Later (July 28) it became known that it was France that parachuted assault rifle
Assault rifle
An assault rifle is a selective fire rifle that uses an intermediate cartridge and a detachable magazine. Assault rifles are the standard infantry weapons in most modern armies...
s, machineguns and anti-tank guided weapons for the first time, and that is airlifting weapons to the airfields, recently constructed by rebels now.
See also
- Foreign relations of LibyaForeign relations of LibyaThe foreign relations of Libya under Gaddafi underwent much fluctuation and change. They were marked by severe tension with the West and by Gaddafi's activist policies in the Middle East and Africa, including his financial and military support for...
- List of United Nations Security Council Resolutions 1901 to 2000 (2009 – 2011)
- United Nations Security Council Resolution 1973United Nations Security Council Resolution 1973United Nations Security Council Resolution 1973, on the situation in Libya, is a measure that was adopted on 17 March 2011. The Security Council resolution was proposed by France, Lebanon, and the United Kingdom....
External links
- Text of Resolution
- Fact sheet on Resolution 1970 – U.S. State Department