By Sami Zaptia.
Tunis, 25 December 2015:
The United Nations Security Council Resolution number 2259 (2015) adopted at its 7598th meeting on 23 . . .[restrict]December 2015 had three articles (10, 11 and 12) that dealt specifically with potential ‘‘spoilers’’ to the Libyan Political Agreement signed in Morocco’s city of Skhirat on 17th December, leading to the formation of a Government of National Accord (GNA).
Out of the 2,000 words and 20 articles of the resolution, and besides the preamble, article 12 deals specifically with the terror threat including associated individuals and groups. Article 18 guarantees right of access into Libya for the UN.
Article 10 holds potential spoilers of the process ‘‘strictly accountable’’ and refers to the travel ban and asset freeze in paragraph 11 of UNSC resolution number 2213 of 27th March 2015 on Libya which extended UN mandate in Libya until 15 September 2015
Article 11 requests the specific committee formed to come up with a list of individuals, groups, undertakings and entities in Libya associated with ISIL, Al-Qaida or Ansar Al Sharia.
It is noteworthy that whilst the group Ansar Al Sharia are named in the UNSC resolution, the Benghazi Revolutionaries Shura Council (BRSC) or the Derna Mujahidine Shura Council (DMSC) nor other Libyan groups are specifically named in the resolution. Some Libyans were expecting that they would be – or hoped that they would be.
It will be recalled that the BRSC and Ansar Al-Sharia have united to fight Khalifa Hafter, the Commander-in-Chief of the Libyan National Army representing the hitherto only internationally recognized government and parliament in Libya based in the east.
The DMSC, on the other hand, has risen againt IS in the city of Derna forcing them out into its outskirts. However, in a statement they released on Wednesday 23 December, whilst vowing not to take sides in Libya’s political conflict, they pledged support only to a government that followed Islamic Sharia as its foundation.
Some Libyans were also surprised not to see individuals named in the resolution such as some notorious militia leaders, especially those who led the military attack on Tripoli last summer to destroy its oil storage tankers, its international airport and led to the ejection of the government and House of Representatives to the east of Libya.
Some commentators were worried that the resolution would not have enough teeth or stick to invoke acquiescence from previous, current and potential future spoilers to the Libyan peace process.
However, the resolution gives flexibility in article 11 and leaves it open to the ‘‘Committee’’ to add or remove any groups or individuals to the list ad mentions travel bans and asset freezes as sticks and teath.
Article 12 allows the GNA the right to call for help against such groups or individuals from UN member states. Also article 17. ‘’affirms its readiness to review the appropriateness of the Measures, including the strengthening, modification’’
With regards to militias, article 7 specifically uses the term ‘‘militias’’. It ‘’reiterates its support for the ongoing deliberations of the UN facilitated security track of the political dialogue to finalise security arrangements, and urges existing militias and armed groups to respect the authority of the Government of National Accord and its command structures;
Ultimately, there are international human rights laws and the ICC as a measure against spoilers who use violence as required by article 14 which ‘’calls upon the Government of National Accord to hold to account those responsible for violations of international humanitarian law and violations and abuses of human rights, including those involving sexual violence, and to co-operate fully with and provide any necessary assistance to the International Criminal Court and the Prosecutor as required by resolution 1970 (2011) and recalled by resolution 2238 (2015)’’
Article 18 puts in place the right of the UN, its agencies and personnel to enter Libya. It will be recalled that earlier this month Kobler was reportedly denied access into Tripoli and the Tripoli authorities had denied his aeroplane landing permission at Mitiga airport.
A refusal to allow the UN access into Tripoli would most likely now be seen as an attempt to obstruct the process and would invoke the powers in this resolution.
10. Confirms that those individuals and entities engaging in or providing support for acts that threaten the peace, stability or security of Libya, or that obstruct or undermine the successful completion of the political transition to a stable, secure and prosperous Libya under a Government of National Accord, must be held strictly accountable, and in this regard, recalls the travel ban and asset freeze measures reaffirmed in paragraph 11 of resolution 2213 (2015);
11. Requests that the Committee be prepared to list individuals, groups, undertakings and entities in Libya associated with Al-Qaida or ISIL;
12. Urges Member States to swiftly assist the Government of National Accord in responding to threats to Libyan security and to actively support the new government in defeating ISIL, groups that have pledged allegiance to ISIL, Ansar Al Sharia, and all other individuals, groups, undertakings and entities associated with Al-Qaida operating in Libya, upon its request;
18. Calls upon all parties to cooperate fully with the activities of UNSMIL, including allowing it free interaction with all interlocutors and to take necessary steps to ensure the security of as well as the unhindered movement and timely access for the UN and associated personnel;
Below is the whole UNSC resolution:
Resolution 2259 (2015)
Adopted by the Security Council at its 7598th meeting, on 23 December 2015
The Security Council, Recalling its resolution 1970 (2011) and all its subsequent resolutions on Libya, Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Libya, Calling on all parties to armed conflict to take all appropriate steps to protect civilians, and recalling that all parties to armed conflict must comply strictly with the obligations applicable to them under international humanitarian, human rights and refugee law, Welcoming the efforts of the United Nations Support Mission in Libya (UNSMIL) and the Special Representative of the Secretary-General to facilitate a Libyan-led political solution to address the political, security, economic and institutional crises facing Libya, including through the formation of a Government of National Accord, Welcoming the signing on 17 December 2015 of the Libyan Political Agreement of Skhirat, Morocco by the majority of the Libyan delegates to the UN-facilitated political dialogue, and by a wide range of representatives of Libyan society, municipal leaders and heads of political parties, and recognizing the contribution of Member States to host and support the meetings of that dialogue, including the countries of the region in particular the Kingdom of Morocco for its efforts in advancing the Agreement, including through hosting the Libyan Political Dialogue, Recognising the importance of the continued inclusiveness of the Libyan Political Agreement, and taking note of the letter circulated as document S/2015/1018, Strongly encouraging in this regard all parties in Libya to seize this historic opportunity to be part of and to engage constructively with the Agreement, in good faith and with sustained political will, Recognizing the need for assistance planning for a Government of National Accord and security arrangements, and recalling that Member States at the Rome Conference on 13 December 2015 underlined their commitment to provide technical, economic, security and counter-terrorism assistance, Expressing concern at the grave humanitarian situation in Libya and encouraging Member States to respond generously to the Libya Humanitarian Response Plan for 2016, Welcoming the efforts made by all participants in the UN-facilitated Libyan Political Dialogue and other tracks of the peace process, including the contributions of civil society, tribal leaders, local-level ceasefires, prisoner exchanges and the return of internally displaced persons, Urging the full, equal and effective participation of women in all activities relating to the democratic transition, conflict resolution and peacebuilding in line with relevant Security Council resolutions, including resolutions 1325 (2000), 2122 (2013), and 2242 (2015), and in this regard welcoming the UN facilitation of meetings of women’s participation within the framework of the Political Dialogue, Recalling resolution 2214 (2015) and condemning the terrorist acts being committed in Libya by groups proclaiming allegiance to Islamic State in Iraq and the Levant (ISIL, also known as Da’esh) including those committed by individuals, groups, undertakings and entities designated as associated with ISIL or Al-Qaida by the 1267/1989/2253 ISIL (Da’esh) and Al-Qaida Sanctions Committee (the Committee) and further reiterating grave concern about the negative impact of their presence, violent extremist ideology and deadly actions in Libya, neighbouring States, and the region, 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, including those committed by groups proclaiming allegiance to ISIL in Libya, and recalling, in this regard, the obligations under resolution 2253 (2015), and urging all Member States to actively cooperate in this regard with the Government of National Accord and provide support as requested, Condemning any engagement in direct or indirect trade, in particular of oil and oil products, modular refineries, and related materiel including chemicals and lubricants, with ISIL, and other individuals, groups, undertakings, and entities designated as associated with ISIL or Al-Qaida by the Committee, and reiterating that such engagement would constitute support for such individuals, groups, undertakings, and entities and may lead to further listings by the Committee, Expressing its concern about the problem of smuggling oil products from Libya and calling on all Member States to cooperate with the Government of National Accord, Reiterating its grave concern at the recent proliferation of, and endangerment of lives by, the smuggling of migrants in the Mediterranean Sea, in particular off the coast of Libya and into and through Libyan territory, recalling its resolution 2240 (2015) which condemns all acts of migrant smuggling and human trafficking into, through and from Libyan territory and off the coast of Libya, and urging all Member States to cooperate with the Government of National Accord to tackle this issue,
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, Recalling its decision in resolution 1970 (2011) to refer the situation in Libya to the Prosecutor of the International Criminal Court and affirming the importance of the Government of National Accord’s full cooperation with the International Criminal Court and the Prosecutor, Expressing deep concern at the threat posed by unsecured arms and ammunition in Libya and their proliferation, which undermines stability in Libya and the region, including through transfer to terrorist and violent extremist groups, and underlining the importance of coordinated international support to the Government of National Accord and the region to address these issues, Further recalling the arms embargo, travel ban, assets freeze and measures concerning illicit oil exports which were imposed and modified by resolutions 1970 (2011), 1973 (2011), 2009 (2011), 2040 (2012), 2095 (2013), 2144 (2014), 2146 (2014), 2174 (2014) 2213 (2015) (the Measures), and that the mandate of the Panel of Experts established by paragraph 24 of resolution 1973 (2011) and modified by resolutions 2040 (2012), 2146 (2014) and 2174 (2014) was extended until 30 April 2016 by resolution 2213 (2015), Encouraging the Government of National Accord to implement measures to increase transparency of government revenues and expenditures, including salaries, subsidies, and other transfers from the Central Bank of Libya, to ensure the longterm sustainability of Libya’s financial resources, Expressing concern about activities which could damage the integrity and unity of Libyan State financial institutions and the National Oil Company, highlighting the importance of these institutions continuing to function for the benefit of all Libyans, and stressing the need for the Government of National Accord to exercise sole and effective oversight over the National Oil Company, the Central Bank of Libya, and the Libyan Investment Authority as a matter of urgency, without prejudice to future constitutional arrangements pursuant to the Libyan Political Agreement, Emphasizing the need for all parties to comply with their obligations under international humanitarian law and to respect the United Nations guiding principles of humanitarian emergency assistance, Recalling its determination in resolution 2238 (2015) that the situation in Libya constitutes a threat to international peace and security,
1. Welcomes the signature on 17 December 2015 of the Libyan Political Agreement of Skhirat, Morocco to form a Government of National Accord consisting of the Presidency Council and Cabinet supported by the other institutions of state including the House of Representatives and State Council;
2. Welcomes the formation of the Presidency Council and calls upon it to work expeditiously within the 30 days stated in the Libyan Political Agreement to form a Government of National Accord, and to finalise interim security arrangements necessary for stabilising Libya, and in this regard calls upon Member States to respond urgently to requests from it for assistance;
3. Endorses the Rome Communiqué of 13 December 2015 to support the Government of National Accord as the sole legitimate government of Libya, stresses that a Government of National Accord that should be based in the capital Tripoli is urgently needed to provide Libya with the means to maintain governance, promote stability and economic development, and expresses its determination in this regard to support the Government of National Accord;
4. Requests that all Member States fully support the efforts of the Special Representative of the Secretary-General and work with the Libyan authorities and UNSMIL to develop a coordinated package of support to build the capacity of the Government of National Accord, in line with Libyan priorities and in response to requests for assistance;
5. Calls upon Member States, particularly those in the region, to continue to urge all parties in Libya to engage constructively with the Government of National Accord and all other institutions included in the Libyan Political Agreement and calls upon Member States to cease support to and official contact with parallel institutions that claim to be the legitimate authority but are outside of the Agreement as specified by it;
6. Calls upon all Member States to respond urgently to requests for assistance from the Government of National Accord for the implementation of the Libyan Political Agreement;
7. Reiterates its support for the ongoing deliberations of the UN facilitated security track of the political dialogue to finalise security arrangements, and urges existing militias and armed groups to respect the authority of the Government of National Accord and its command structures;
8. Emphasises the importance of the Government of National Accord exercising control over, and safely storing arms in Libya with the support of the international community;
9. Further calls upon the Government of National Accord to protect the integrity and unity of the National Oil Company, the Central Bank of Libya and the Libyan Investment Authority, and for these institutions to accept the authority of the Government of National Accord;
10. Confirms that those individuals and entities engaging in or providing support for acts that threaten the peace, stability or security of Libya, or that obstruct or undermine the successful completion of the political transition to a stable, secure and prosperous Libya under a Government of National Accord, must be held strictly accountable, and in this regard, recalls the travel ban and asset freeze measures reaffirmed in paragraph 11 of resolution 2213 (2015);
11. Requests that the Committee be prepared to list individuals, groups, undertakings and entities in Libya associated with Al-Qaida or ISIL;
12. Urges Member States to swiftly assist the Government of National Accord in responding to threats to Libyan security and to actively support the new government in defeating ISIL, groups that have pledged allegiance to ISIL, Ansar Al Sharia, and all other individuals, groups, undertakings and entities associated with Al-Qaida operating in Libya, upon its request;
13. Calls upon the Government of National Accord to promote and protect human rights of all individuals within its territory and subject to its jurisdiction, including those of women, children and people belonging to vulnerable groups, and to comply with its obligations under international law;
14. Calls upon the Government of National Accord to hold to account those responsible for violations of international humanitarian law and violations and abuses of human rights, including those involving sexual violence, and to co-operate fully with and provide any necessary assistance to the International Criminal Court and the Prosecutor as required by resolution 1970 (2011) and recalled by resolution 2238 (2015);
15. Recalls resolution 2240 (2015) and urges Member States to cooperate with the Government of National Accord, and with each other, including by sharing information about acts of migrant smuggling and human trafficking in Libya’s territorial sea, on the high seas off the coast of Libya and rendering assistance to migrants and victims of human trafficking recovered at sea, in accordance with international law;
16. Requests that the Secretary-General continue to maintain the necessary flexibility and mobility to adjust UNSMIL staffing and operations at short notice in order to support, as appropriate and in accordance with its mandate, implementation by Libya of agreements and confidence-building measures or in response to their expressed needs, and further requests the Secretary-General to keep the Security Council informed in his reports prior to any such adjustments;
17. Affirms its readiness to review the appropriateness of the Measures, 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, particularly outcomes of the UN-facilitated dialogue;
18. Calls upon all parties to cooperate fully with the activities of UNSMIL, including allowing it free interaction with all interlocutors and to take necessary steps to ensure the security of as well as the unhindered movement and timely access for the UN and associated personnel;
19. Requests the Secretary-General to report to the Security Council as appropriate on implementation of the Libyan Political Agreement, including acts that disrupt or prevent its implementation;
20. Decides to remain actively seized of the matter. [/restrict]
