I thank Madame Prosecutor for the report and presentation.
At the outset, I would like to reiterate Estonia’s unwavering support to the International Criminal Court (ICC) as an independent and impartial judicial institution and an important pillar of rules-based international order. We continue to call on all States to uphold and defend the principles and values enshrined in the Rome Statute.
Mr President,
We welcome the update provided by the Prosecutor on the progress achieved in the Libya investigations during the reporting period. We commend the advancements of the Office of the Prosecutor in its activities.
With regard to political developments on the ground, Estonia welcomes the inauguration of a new interim Government of National Unity (GNU). We call on all parties to continue the preparations for free, fair and inclusive elections in December this year.
Estonia further welcomes the apparent decrease in violence on the ground. At the same time, we remain worried that many cases of violations of international law, including human rights law and international humanitarian law reported in Libya have not been investigated nor prosecuted.
We are concerned about reports about ongoing crimes, including disappearance, arbitrary detention, murder, torture and inhumane treatment, as well as gender-based violence. The reports on violations in places of detention are especially worrying.
Estonia also remains concerned about crimes against migrants and refugees and notes the ICC’s role in assisting national authorities to prosecute cases.
We call on the authorities in Eastern Libya to investigate the murder of human rights lawyer Hanaan Al Baraasi, and bring the perpetrators to justice.
With regard to foreign fighters, we note that crimes committed by mercenaries and foreign fighters on Libyan territory may fall under the jurisdiction of the ICC. We remind the international community to respect the call of Libyan authorities and remove all foreign fighters and mercenaries from Libyan territory.
Mr President,
Estonia expresses gratitude to the former authorities of the Government of National Accord (GNA) for their cooperation with the Court.
We welcome OTP’s recent missions to Libya that strengthen mutual cooperation with national authorities and stakeholders and enhance the collection and preservation of evidence.
We would like to stress that full cooperation of the GNU and all other relevant stakeholders with the OTP is crucial towards achieving accountability for those responsible for Rome Statute crimes. The authorities must ensure that ongoing and future investigations are carried out in accordance with international standards.
Estonia further welcomes the exchange information and expertise between the OTP and the Panel of Experts, the Independent Fact-Finding Mission, EUROPOL and UNSMIL (United Nations Support Mission in Libya). We encourage maintenance of these formats of cooperation and exchange.
As a priority, Estonia remains highly concerned about the fact that so far there have been no tangible results in the implementation of ICC arrest warrants in the Libyan case for the three fugitives – Al-Werfalli, Al-Tuhamy and Gaddafi – all accused of serious crimes of murder, torture, inhuman and degrading treatment. An execution of these arrest warrants is essential to uphold justice for the victims. In case of death, reliable and credible information of this fact needs to be conveyed to the Court. In case the deaths are verified, this regrettably means that justice delayed has, indeed, been justice denied. We urge the relevant States to fully cooperate with the ICC in arresting the fugitives and surrendering them to the Court in an effective and timely manner.
Finally, Estonia assures its full support for the work of the ICC, and urges all States to promptly and meaningfully cooperate with the International Criminal Court to end impunity and establish justice for the victims in Libya.
Thank you.
