UNSC briefing on Libya by the Prosecutor of the                                      International Criminal Court (ICC)

INDIA STATEMENT

By

Mr. Mayank Singh

Counsellor

23 November 2021

Mr. President,

I would like to join others in thanking the Prosecutor, Mr. Karim Khan, for his briefing today. Let me place on record at the very outset that India is not party to the Rome Statute.

I would like to recall the discussions in this Council back in 2011, when India had expressed our doubts about the effect of referral of the situation in Libya to the ICC in bringing about cessation of violence and restoration of calm and stability. As we had our concerns then, the referral did not have its intended impact. In fact, subsequent events have only reinforced our view that when cases are referred to the Court primarily for political reasons, the ICC mechanism may not be best suited to serve the purpose of justice.

Mr. President,

In a month’s time, we are expecting the Presidential and Parliamentary elections in Libya, as decided by the Libyan parties and further reinforced by the Security Council. However, challenges still remain, including impediments to the holding of elections in a free, fair and credible manner. In particular, the involvement of external forces in the internal affairs of Libya has negatively impacted the progress on the political track; and terrorist forces have been raising their heads once again.

The importance of holding of elections as planned on 24 December 2021 in a free, fair, inclusive and credible manner cannot be overemphasized. It is also important that the provisions of the Ceasefire Agreement and successive Security Council resolutions need to be respected, and the call of the Libyan parties for withdrawal of foreign forces and mercenaries honoured. India is also concerned about the violations of the arms embargo. Such violations have the potential to cause hindrances in achieving progress in the political process by threatening the security environment.

We must ensure that terrorist groups and affiliated entities are not allowed to operate unchallenged in Libya. The continued presence and activities of ISIL in Libya is of serious concern, also due to the potential cascading effect it could have throughout the Sahel region. It is unfortunate that the issue is not drawing the necessary attention it deserves.

Mr. President,

India has traditionally enjoyed close and mutually beneficial bilateral ties with Libya. We genuinely wish to see enduring peace and stability return to the country and remain committed to supporting Libya and the Libyan people in this endeavour. We hope that all efforts by the international community, including the ICC, contribute towards achieving unity, peace, security and stability in the country and to bring about an inclusive and comprehensive national reconciliation.

I thank you Mr. President.

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