Security Council, Adopting Resolution 2174 (2014), Calls for Immediate Ceasefire in Libya, Inclusive Political Dialogue, Prior Notice for Weapons Transfers

27 August 2014
SC/11537

Security Council, Adopting Resolution 2174 (2014), Calls for Immediate Ceasefire in Libya, Inclusive Political Dialogue, Prior Notice for Weapons Transfers

27 August 2014
Security Council
SC/11537
Department of Public Information • News and Media Division • New York

Security Council

7251st Meeting (AM)

Security Council, Adopting Resolution 2174 (2014), Calls for Immediate Ceasefire

In Libya, Inclusive Political Dialogue, Prior Notice for Weapons Transfers

Secretary-General’s Envoy, Libya’s Permanent Representative Participate

Expressing its strong support for the United Nations Support Mission in Libya (UNSMIL), the Security Council today called on all parties to agree to an immediate ceasefire and an end to the fighting.

Unanimously adopting resolution 2174 (2014) under the Charter’s Chapter VII, the 15-member body condemned the use of violence against civilians and civilian institutions, and called for accountability.  It also called on Libya’s House of Representatives and Constitutional Drafting Assembly to carry out their tasks in a spirit of inclusiveness, urging all parties to engage in an inclusive Libyan-led political dialogue in order to help restore stability and to forge consensus around the next steps in that country’s transition.

Further by the text, the Council reiterated that individuals and entities determined by the Committee to have violated provisions of resolution 1970 (2011), including the arms embargo, or had assisted others in doing so, would be subjected to designation.  Additionally, the supply, sale or transfer of arms and related materiel, including related ammunition and spare parts, to Libya must be approved in advance by the Committee.

It calledonall States, particularly Libya’s neighbours, to inspect all cargo to and from Libya, if the State had reasonable grounds to believe the cargo contained banned items.

Tarek Mitri, Special Representative of the Secretary-General and Head of UNSMIL, told the Council that armed battles, which were both the cause and result of deep divisions among Libyan political factions, were continuing almost uninterrupted in Tripoli, Banghazi and other parts of the country, resulting in a further deterioration of living conditions, displaced populations and a rising death toll, including children.  A clear message should be sent to the warring parties, political leaders and brigade commanders that dialogue was the only alternative to a prolonged armed confrontation.

Recalling that the Mission staff’s evacuation had been a temporary measure and that it would be redeployed once security conditions permitted, he said that, nonetheless, the Mission had remained closely engaged.  A small team had travelled to Tripoli on 7 August to explore options for an unconditional ceasefire, meeting with a wide range of political and military actors.  Despite the constructive engagement, much work remained to overcome mistrust between the parties.  Mission staff had also attended the inaugural session of the newly elected House of Representatives in Tobruk on 4 August.  However, agreement over procedural and related issues was not reached, and some representatives boycotted the session.

He urged the United Nations to “spare no effort” to bring the various actors to the dialogue table.  There was, with the exception of a minority, a broad-based acceptance of UNSMIL’s presence, with a recurrent demand that it contribute more to civilian protection.  However, the lack of clarity on the type of support that could be realistically expected should be addressed.  Noting the many Libyans who had contacted the Mission, either distressed, disillusioned or refusing to be discouraged, he underscored that it was critical for the United Nations to not allow intimidation or defamation to undermine its role as impartial mediator.  “We cannot shy away from accompanying all of them in this difficult period of their country’s history,” he said.

Ibrahim Omar Dabbashi, Libya’s Permanent Representative, questioned the Council’s procedure with regard to its resolution.  The situation in his country, he said, was becoming more complicated and could unravel into a “full-blown” civil war.  Giving an overview of the battling armed groups, he stressed that it was not about who was right and who was wrong; all armed groups were acting outside the law and the authority of the Government and Defence Ministry.  The taking of Tripoli and State institutions, the killing of innocent civilians, displacements and looting of houses were serious crimes that fell under the International Criminal Court’s jurisdiction.

“The precepts of Islam are not seen in the hearts of these belligerents,” he said, pointing out that the media, religious leaders and other actors were not encouraging non-violence and tolerance, or the principles of justice and equality.  The 25 August meeting in Cairo with Foreign Ministers of Libya’s six neighbouring countries had resulted in a text calling for the cessation of all armed confrontation, the respect of the House of Representatives and the political process, the establishment of a sanctions mechanism and acceptance of an Arab-Muslim force that would “take away weapons and destroy them”.

Adoption of today’s resolution was “a very positive step and sent a very clear message", he said, calling on the international community to assist the Libyan Government and the House of Representatives in fighting terrorism and armed groups, and restoring peace and stability to the country.

The meeting began at 10:13 a.m. and ended at 10:55 a.m.

Resolution

The full text of resolution 2174 (2014) reads as follows:

The Security Council,

Recalling all its resolutions on Libya since resolution 1970 (2011), as well as the Statement of its President (S/PRST/2013/21) of 16 December 2013,

Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Libya,

Deploring the increasing violence in Libya, in particular around Tripoli and Benghazi, condemning ongoing fighting by armed groups and incitement to violence, and expressing its deep concern at its impact on Libya’s civilian population and institutions, as well as the threat it poses to Libya’s stability and democratic transition,

Welcoming the calls of the Government of Libya and House of Representatives for an immediate ceasefire, underlining the need for all parties to engage in peaceful and inclusive political dialogue and to respect the democratic process, and encouraging the Arab League, the African Union and all those with influence on the parties, in particular neighbouring and regional countries, to support an immediate cessation of hostilities and constructive engagement with such a dialogue,

Recalling its decision in resolution 1970 (2011) to refer the situation in Libya to the Prosecutor of the International Criminal Court, and reaffirming the importance of the Government of Libya’s cooperation with the International Criminal Court and the Prosecutor,

Reaffirming the importance of holding accountable those responsible for violations or abuses of human rights or violations of international humanitarian law, including those involved in attacks targeting civilians,

Expressing deep concern at the threat posed by unsecured arms and ammunition in Libya and their proliferation, which poses a risk to stability in Libya and the region, including through transfer to terrorist and violent extremist groups and underlining the importance of coordinated international support to Libya and the region to address these issues,

Concerned at the growing presence of Al-Qaida linked terrorists groups and individuals operating in Libya, reaffirming the need to combat by all means, in accordance with the Charter of the United Nations and international law, including applicable international human rights, refugee and humanitarian law, threats to international peace and security caused by terrorist acts, and recalling, in this regard, the obligations under resolution 2161 (2014),

Expressing its determination to use targeted sanctions in pursuit of stability in Libya, and against those individuals and entities who threaten its stability and obstruct or undermine its successful completion of the political transition,

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,

“1.   Calls on all parties to agree to an immediate ceasefire and an end to fighting, and expresses its strong support for the efforts of the United Nations Support Mission in Libya (UNSMIL) and the Special Representative of the Secretary-General in this regard;

“2.   Condemns the use of violence against civilians and civilian institutions and calls for those responsible to be held accountable;

“3.   Calls on the House of Representatives and the Constitutional Drafting Assembly to carry out their tasks in a spirit of inclusiveness, and calls on all parties to engage in an inclusive Libyan-led political dialogue in order to help restore stability, and to forge consensus around the next steps in Libya’s transition;

“4.   Reaffirms that the measures specified in paragraphs 15, 16, 17, 19, 20 and 21 of resolution 1970 (2011), as modified by paragraphs 14, 15 and 16 of resolution 2009 (2011), apply to individuals and entities designated under that resolution and under resolution 1973 (2011) and by Committee established pursuant to paragraph 24 of resolution 1970 (2011), decides that they shall also apply to individuals and entities determined by the Committee to be engaging in or providing support for other acts that threaten the peace, stability or security of Libya, or obstruct or undermine the successful completion of its political transition, and decides that such acts may include, but are not limited to:

(a)planning, directing, or committing, acts that violate applicable international human rights law or international humanitarian law, or acts that constitute human rights abuses, in Libya;

(b)attacks against any air, land, or sea port in Libya, or against a Libyan State institution or installation, or against any foreign mission in Libya;

(c)providing support for armed groups or criminal networks through the illicit exploitation of crude oil or any other natural resources in Libya;

(d)acting for or on behalf of or at the direction of a listed individual or entity;

“5.   Reiterates that individuals and entities determined by the Committee to have violated provisions of resolution 1970 (2011), including the arms embargo, or assisted others in doing so, are subject to designation, and notes that this includes those who assist in the violation of the assets freeze and travel ban in resolution 1970 (2011);

“6.   Requests the Panel of Experts established pursuant to paragraph 24 of resolution 1973 (2011), in addition to its current mandate, to provide information on individuals and entities who meet the designation criteria specified in paragraphs 4 and 5 of this resolution;

“7.   Requests that the Committee give due regard to requests for delisting of individuals and entities who no longer meet the designation criteria;

“8.   Decides that the supply, sale or transfer of arms and related materiel, including related ammunition and spare parts, to Libya in accordance with paragraph 13 (a) of resolution 2009 (2011) as modified by paragraph 10 of resolution 2095 (2013) must be approved in advance by the Committee;

“9.   Calls upon all States, in particular States neighbouring Libya, to inspect in their territory, including seaports and airports, 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 Libya, 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 resolution 1970 (2011), as modified by paragraph 13 of resolution 2009 (2011) and paragraphs 9 and 10 of resolution 2095 (2013), for the purpose of ensuring strict implementation of those provisions;

“10.  Reaffirms its decision to authorize all Member States to, and that all Member States shall, upon discovery of items prohibited by paragraph 9 or 10 of resolution 1970 (2011), as modified by paragraph 13 of resolution 2009 (2011) and paragraphs 9 and 10 of resolution 2095 (2013), seize and dispose (such as through destruction, rendering inoperable, storage or transferring to a State other than the originating or destination States for disposal) of such items and further reaffirms its decision that all Member States shall cooperate in such efforts;

“11.  Requires any Member State when it undertakes an inspection pursuant to paragraph 9 of this resolution, 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;

“12.  Affirms its readiness to review the appropriateness of the measures contained in this resolution, including the strengthening, modification, suspension or lifting of the measures, and its readiness to review the mandate of UNSMIL, as may be needed at any time in light of developments in Libya;

“13.  Decides to remain actively seized of the matter.”

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For information media • not an official record
For information media. Not an official record.