I thank Madame Prosecutor for her report and the presentation today.
At the outset, I would like to reiterate Estonia’s continued 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 call on all States to uphold and defend the principles and values enshrined in the Rome Statute and to respect ICC’s integrity and impartiality.
Madame President,
We welcome the update provided by the Prosecutor on the progress achieved in the Libya investigations during the previous reporting period. We commend the overall significant advancement of the Court of its judicial activities despite the ongoing difficulties caused by the COVID-19 pandemic. In this context, we would like to take this opportunity to call on all States Parties to the Rome Statute to fulfil their financial obligations vis-à-vis the Court in time.
With regard to political developments on the ground, Estonia welcomes the 23 October ceasefire agreement of the 5+5 Joint Military Commission, facilitated by the United Nations. We continue to call on States to respect and support the implementation of this agreement.
At the same time, Estonia continues to condemn the violations of international law, including human rights law and international humanitarian law reported in Libya. We condemn the use of land mines and improvised explosive devices in South of Tripoli, used by the LNA and affiliated forces that continue to pose a lethal threat to civilians.
We are also extremely worried about reports of arbitrary detention and torture, ill-treatment and other serious crimes in detention facilities. We call on the respective authorities in charge of the facilities to fully cooperate with international observers and investigators and ensure them access to the facilities and investigate these allegations. Estonia is further concerned about crimes against migrants and refugees and welcomes the ICC’s role in assisting States to prosecute cases in their domestic jurisdictions. Furthermore, we underscore that use of excessive force against protesters is unacceptable and all cases must be fully and promptly investigated.
Madame President,
Estonia joins the Court in expressing gratitude to the authorities of the Government of National Accord (GNA) for their cooperation with the Court during the latest missions and for its activities related to the preservation of evidence, including with regard to the ongoing investigations of the mass graves of Tarhunah. We further acknowledge the good cooperation between ICC and Europol, including in the Libya matter. Estonia welcomes the very positive role played by UNSMIL (United Nations Support Mission in Libya) in assisting and supporting the work of the ICC in Libya.
Finally, Estonia remains highly concerned about the fact that so far there has been no implementation of ICC arrest warrants in the case of Libya. This has meant that the three fugitives – Al-Werfalli, Al-Tuhamy and Gaddafi – all accused of serious crimes of murder, torture, inhuman and degrading treatment, remain at large. An execution of these arrest warrants is requisite to uphold justice for the victims. There can be no long-term peace without stopping impunity. In this light, we call on all States to cooperate with the ICC in arresting the fugitives and surrendering them to the Court.
In closing, let me recall that international criminal justice is a matter of collective effort and ultimately, it is up to the States to fulfil their obligations arising from the Rome Statute and the Security Council resolution 1970(2011) to cooperate with the Court. Therefore, assuring its full support for the work of the ICC, Estonia urges all States, including States that are not party to the Rome Statute, to fully cooperate with the International Criminal Court to end impunity and establish justice for the victims in Libya.
Thank you.