National Statement at the UN Security Council VTC meeting on ICC in Libya

Statement by the Permanent Representative of Estonia to the UN, H.E. Mr Sven Jürgenson

 

I thank Madam Prosecutor for her report and today’s informative briefing.

At the outset, I would like to affirm Estonia’s strong support to the International Criminal Court (ICC) as an independent and impartial judicial institution and an important pillar of rules-based international order.

We welcome the update provided by the Prosecutor on the status of current cases and the progress achieved in the Libya investigations during the previous reporting period. We recognize the security and COVID-19 pandemic related challenges that affect the work of Court in Libya.

Regarding developments on the ground, Estonia is worried about the rise in civilian casualties by 45% in the light of escalation of violence in the first quarter of 2020. We condemn the indiscriminate use of shelling and airstrikes causing death and injury to civilians, and the incidences of arbitrary detention, enforced disappearance, torture and extrajudicial killings. We are further concerned about reports of crimes against migrants and refugees in Libya. We want to remind that attacks against civilians and civilian infrastructure may constitute a war crime under the Rome Statute. Estonia calls on parties to the conflict to respect international humanitarian law and human rights law.

As others, Estonia is highly concerned about the fact that there have not been any executions of ICC arrest warrants in the Libya case, leaving the three fugitives at large. We recall that these three individuals are accused of the grave international crimes of murder, torture, inhuman and degrading treatment. An execution of the arrest warrants is needed to uphold justice for the victims. Ending impunity is essential for long-term peace. In this regard, we also take note of the fact that preparations are moving ahead for possible new applications for warrants of arrest.

International criminal justice continues to rely on collective effort. We welcome the assistance provided to the Office of the Prosecutor by States, international and regional organizations, civil society organizations, the Libyan authorities and the UN Support Mission in Libya (UNSMIL). Ultimately, it is us, States, who have to show up and respond to the clear obligation arising from the Security Council resolution 1970(2011) to cooperate with the Court. Therefore, Estonia urges all States, including States that are not party to the Rome Statute, to fully cooperate with the ICC in order to end impunity and establish justice for the victims in Libya, and demonstrate respect for the rule of law.

Finally, let me assure you, Madam Prosecutor, of Estonia’s full support to the work of the ICC in pursuing accountability in Libya.

Thank you.