Europaudvalget 2010-11 (1. samling)
EUU Alm.del
Offentligt
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United Nations
S/RES/1973 (2011)Distr.: General17 March 2011
Security Council
Resolution 1973 (2011)Adopted by the Security Council at its 6498th meeting, on17 March 2011The Security Council,Recallingits resolution 1970 (2011) of 26 February 2011,Deploringthe failure of the Libyan authorities to comply with resolution 1970(2011),Expressinggrave concern at the deteriorating situation, the escalation ofviolence, and the heavy civilian casualties,Reiteratingthe responsibility of the Libyan authorities to protect the Libyanpopulation andreaffirmingthat parties to armed conflicts bear the primaryresponsibility to take all feasible steps to ensure the protection of civilians,Condemningthe gross and systematic violation of human rights, includingarbitrary detentions, enforced disappearances, torture and summary executions,Further condemningacts of violence and intimidation committed by theLibyan authorities against journalists, media professionals and associated personnelandurgingthese authorities to comply with their obligations under internationalhumanitarian law as outlined in resolution 1738 (2006),Consideringthat the widespread and systematic attacks currently taking placein the Libyan Arab Jamahiriya against the civilian population may amount to crimesagainst humanity,Recallingparagraph 26 of resolution 1970 (2011) in which the Councilexpressed its readiness to consider taking additional appropriate measures, asnecessary, to facilitate and support the return of humanitarian agencies and makeavailable humanitarian and related assistance in the Libyan Arab Jamahiriya,Expressing its determinationto ensure the protection of civilians and civilianpopulated areas and the rapid and unimpeded passage of humanitarian assistanceand the safety of humanitarian personnel,Recallingthe condemnation by the League of Arab States, the African Union,and the Secretary General of the Organization of the Islamic Conference of theserious violations of human rights and international humanitarian law that have beenand are being committed in the Libyan Arab Jamahiriya,11-26839 (E)
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Taking noteof the final communiqué of the Organisation of the IslamicConference of 8 March 2011, and the communiqué of the Peace and SecurityCouncil of the African Union of 10 March 2011 which established an ad hoc HighLevel Committee on Libya,Taking note alsoof the decision of the Council of the League of Arab States of12 March 2011 to call for the imposition of a no-fly zone on Libyan militaryaviation, and to establish safe areas in places exposed to shelling as a precautionarymeasure that allows the protection of the Libyan people and foreign nationalsresiding in the Libyan Arab Jamahiriya,Taking note furtherof the Secretary-General’s call on 16 March 2011 for animmediate cease-fire,Recallingits decision to refer the situation in the Libyan Arab Jamahiriyasince 15 February 2011 to the Prosecutor of the International Criminal Court, andstressingthat those responsible for or complicit in attacks targeting the civilianpopulation, including aerial and naval attacks, must be held to account,Reiterating its concernat the plight of refugees and foreign workers forced toflee the violence in the Libyan Arab Jamahiriya,welcomingthe response ofneighbouring States, in particular Tunisia and Egypt, to address the needs of thoserefugees and foreign workers, andcalling onthe international community to supportthose efforts,Deploringthe continuing use of mercenaries by the Libyan authorities,Consideringthat the establishment of a ban on all flights in the airspace of theLibyan Arab Jamahiriya constitutes an important element for the protection ofcivilians as well as the safety of the delivery of humanitarian assistance and adecisive step for the cessation of hostilities in Libya,Expressing concernalso for the safety of foreign nationals and their rights inthe Libyan Arab Jamahiriya,Welcomingthe appointment by the Secretary General of his Special Envoy toLibya, Mr. Abdel-Elah Mohamed Al-Khatib and supporting his efforts to find asustainable and peaceful solution to the crisis in the Libyan Arab Jamahiriya,Reaffirmingits strong commitment to the sovereignty, independence, territorialintegrity and national unity of the Libyan Arab Jamahiriya,Determiningthat the situation in the Libyan Arab Jamahiriya continues toconstitute a threat to international peace and security,Actingunder Chapter VII of the Charter of the United Nations,1.Demandsthe immediate establishment of a cease-fire and a complete endto violence and all attacks against, and abuses of, civilians;2.Stressesthe need to intensify efforts to find a solution to the crisis whichresponds to the legitimate demands of the Libyan people andnotesthe decisions ofthe Secretary-General to send his Special Envoy to Libya and of the Peace andSecurity Council of the African Union to send its ad hoc High Level Committee toLibya with the aim of facilitating dialogue to lead to the political reforms necessaryto find a peaceful and sustainable solution;
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3.Demandsthat the Libyan authorities comply with their obligations underinternational law, including international humanitarian law, human rights andrefugee law and take all measures to protect civilians and meet their basic needs,and to ensure the rapid and unimpeded passage of humanitarian assistance;Protection of civilians4.AuthorizesMember States that have notified the Secretary-General,acting nationally or through regional organizations or arrangements, and acting incooperation with the Secretary-General, to take all necessary measures,notwithstanding paragraph 9 of resolution 1970 (2011), to protect civilians andcivilian populated areas under threat of attack in the Libyan Arab Jamahiriya,including Benghazi, while excluding a foreign occupation force of any form on anypart of Libyan territory, andrequeststhe Member States concerned to inform theSecretary-General immediately of the measures they take pursuant to theauthorization conferred by this paragraph which shall be immediately reported tothe Security Council;Recognizesthe important role of the League of Arab States in matters5.relating to the maintenance of international peace and security in the region, andbearing in mind Chapter VIII of the Charter of the United Nations, requests theMember States of the League of Arab States to cooperate with other Member Statesin the implementation of paragraph 4;No Fly Zone6.Decidesto establish a ban on all flights in the airspace of the LibyanArab Jamahiriya in order to help protect civilians;7.Decides furtherthat the ban imposed by paragraph 6 shall not apply toflights whose sole purpose is humanitarian, such as delivering or facilitating thedelivery of assistance, including medical supplies, food, humanitarian workers andrelated assistance, or evacuating foreign nationals from the Libyan Arab Jamahiriya,nor shall it apply to flights authorised by paragraphs 4 or 8, nor other flights whichare deemed necessary by States acting under the authorisation conferred inparagraph 8 to be for the benefit of the Libyan people, and that these flights shall becoordinated with any mechanism established under paragraph 8;AuthorizesMember States that have notified the Secretary-General and8.the Secretary-General of the League of Arab States, acting nationally or throughregional organizations or arrangements, to take all necessary measures to enforcecompliance with the ban on flights imposed by paragraph 6 above, as necessary, andrequeststhe States concerned in cooperation with the League of Arab States tocoordinate closely with the Secretary General on the measures they are taking toimplement this ban, including by establishing an appropriate mechanism forimplementing the provisions of paragraphs 6 and 7 above,Calls uponall Member States, acting nationally or through regional9.organizations or arrangements, to provide assistance, including any necessary over-flight approvals, for the purposes of implementing paragraphs 4, 6, 7 and 8 above;10.Requeststhe Member States concerned to coordinate closely with eachother and the Secretary-General on the measures they are taking to implement
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paragraphs 4, 6, 7 and 8 above, including practical measures for the monitoring andapproval of authorised humanitarian or evacuation flights;11.Decidesthat the Member States concerned shall inform the Secretary-General and the Secretary-General of the League of Arab States immediately ofmeasures taken in exercise of the authority conferred by paragraph 8 above,including to supply a concept of operations;12.Requeststhe Secretary-General to inform the Council immediately of anyactions taken by the Member States concerned in exercise of the authority conferredby paragraph 8 above and to report to the Council within 7 days and every monththereafter on the implementation of this resolution, including information on anyviolations of the flight ban imposed by paragraph 6 above;Enforcement of the arms embargo13.Decides thatparagraph 11 of resolution 1970 (2011) shall be replaced bythe following paragraph : “Calls upon all Member States, in particular States of theregion, acting nationally or through regional organisations or arrangements, in orderto ensure strict implementation of the arms embargo established by paragraphs 9 and10 of resolution 1970 (2011), to inspect in their territory, including seaports andairports, and on the high seas, vessels and aircraft bound to or from the Libyan ArabJamahiriya, if the State concerned has information that provides reasonable groundsto believe that the cargo contains items the supply, sale, transfer or export of whichis prohibited by paragraphs 9 or 10 of resolution 1970 (2011) as modified by thisresolution, including the provision of armed mercenary personnel,calls uponallflag States of such vessels and aircraft to cooperate with such inspections andauthorises Member States to use all measures commensurate to the specificcircumstances to carry out such inspections”;14.RequestsMember States which are taking action under paragraph 13above on the high seas to coordinate closely with each other and the Secretary-General andfurther requeststhe States concerned to inform the Secretary-Generaland the Committee established pursuant to paragraph 24 of resolution 1970 (2011)(“the Committee”) immediately of measures taken in the exercise of the authorityconferred by paragraph 13 above;15.Requiresany Member State whether acting nationally or through regionalorganisations or arrangements, when it undertakes an inspection pursuant toparagraph 13 above, to submit promptly an initial written report to the Committeecontaining, in particular, explanation of the grounds for the inspection, the results ofsuch inspection, and whether or not cooperation was provided, and, if prohibiteditems for transfer are found, further requires such Member States to submit to theCommittee, at a later stage, a subsequent written report containing relevant detailson the inspection, seizure, and disposal, and relevant details of the transfer,including a description of the items, their origin and intended destination, if thisinformation is not in the initial report;16.Deploresthe continuing flows of mercenaries into the Libyan ArabJamahiriya andcalls uponall Member States to comply strictly with theirobligations under paragraph 9 of resolution 1970 (2011) to prevent the provision ofarmed mercenary personnel to the Libyan Arab Jamahiriya;
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Ban on flights17.Decidesthat all States shall deny permission to any aircraft registered inthe Libyan Arab Jamahiriya or owned or operated by Libyan nationals or companiesto take off from, land in or overfly their territory unless the particular flight hasbeen approved in advance by the Committee, or in the case of an emergencylanding;18.Decides thatall States shall deny permission to any aircraft to take offfrom, land in or overfly their territory, if they have information that providesreasonable grounds to believe that the aircraft contains items the supply, sale,transfer, or export of which is prohibited by paragraphs 9 and 10 of resolution 1970(2011) as modified by this resolution, including the provision of armed mercenarypersonnel, except in the case of an emergency landing;Asset freeze19.Decidesthat the asset freeze imposed by paragraph 17, 19, 20 and 21 ofresolution 1970 (2011) shall apply to all funds, other financial assets and economicresources which are on their territories, which are owned or controlled, directly orindirectly, by the Libyan authorities, as designated by the Committee, or byindividuals or entities acting on their behalf or at their direction, or by entitiesowned or controlled by them, as designated by the Committee, anddecides furtherthat all States shall ensure that any funds, financial assets or economic resources areprevented from being made available by their nationals or by any individuals orentities within their territories, to or for the benefit of the Libyan authorities, asdesignated by the Committee, or individuals or entities acting on their behalf or attheir direction, or entities owned or controlled by them, as designated by theCommittee, and directs the Committee to designate such Libyan authorities,individuals or entities within 30 days of the date of the adoption of this resolutionand as appropriate thereafter;20.Affirmsits determination to ensure that assets frozen pursuant toparagraph 17 of resolution 1970 (2011) shall, at a later stage, as soon as possible bemade available to and for the benefit of the people of the Libyan Arab Jamahiriya;21.Decidesthat all States shall require their nationals, persons subject totheir jurisdiction and firms incorporated in their territory or subject to theirjurisdiction to exercise vigilance when doing business with entities incorporated inthe Libyan Arab Jamahiriya or subject to its jurisdiction, and any individuals orentities acting on their behalf or at their direction, and entities owned or controlledby them, if the States have information that provides reasonable grounds to believethat such business could contribute to violence and use of force against civilians;Designations22.Decidesthat the individuals listed in Annex I shall be subject to thetravel restrictions imposed in paragraphs 15 and 16 of resolution 1970 (2011), anddecidesfurther that the individuals and entities listed in Annex II shall be subject tothe asset freeze imposed in paragraphs 17, 19, 20 and 21 of resolution 1970 (2011);23.Decidesthat the measures specified in paragraphs 15, 16, 17, 19, 20 and21 of resolution 1970 (2011) shall apply also to individuals and entities determinedby the Council or the Committee to have violated the provisions of resolution 1970
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(2011), particularly paragraphs 9 and 10 thereof, or to have assisted others in doingso;Panel of Experts24.Requeststhe Secretary-General to create for an initial period of one year,in consultation with the Committee, a group of up to eight experts (“Panel ofExperts”), under the direction of the Committee to carry out the following tasks:(a) Assist the Committee in carrying out its mandate as specified inparagraph 24 of resolution 1970 (2011) and this resolution;(b) Gather, examine and analyse information from States, relevant UnitedNations bodies, regional organisations and other interested parties regarding theimplementation of the measures decided in resolution 1970 (2011) and thisresolution, in particular incidents of non-compliance;(c) Make recommendations on actions the Council, or the Committee orState, may consider to improve implementation of the relevant measures;(d) Provide to the Council an interim report on its work no later than 90 daysafter the Panel’s appointment, and a final report to the Council no later than 30 daysprior to the termination of its mandate with its findings and recommendations;25.Urgesall States, relevant United Nations bodies and other interestedparties, to cooperate fully with the Committee and the Panel of Experts, in particularby supplying any information at their disposal on the implementation of themeasures decided in resolution 1970 (2011) and this resolution, in particularincidents of non-compliance;26.Decidesthat the mandate of the Committee as set out in paragraph 24 ofresolution 1970 (2011) shall also apply to the measures decided in this resolution;27.Decidesthat all States, including the Libyan Arab Jamahiriya, shall takethe necessary measures to ensure that no claim shall lie at the instance of the Libyanauthorities, or of any person or body in the Libyan Arab Jamahiriya, or of anyperson claiming through or for the benefit of any such person or body, in connectionwith any contract or other transaction where its performance was affected by reasonof the measures taken by the Security Council in resolution 1970 (2011), thisresolution and related resolutions;28.Reaffirmsits intention to keep the actions of the Libyan authorities undercontinuous review and underlines its readiness to review at any time the measuresimposed by this resolution and resolution 1970 (2011), including by strengthening,suspending or lifting those measures, as appropriate, based on compliance by theLibyan authorities with this resolution and resolution 1970 (2011).29.Decidesto remain actively seized of the matter.
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Libya: UNSCR proposed designationsNumber NameJustificationIdentifiers
Annex I: Travel Ban1QUREN SALIH QURENAL QADHAFILibyan Ambassador to Chad. Hasleft Chad for Sabha. Involveddirectly in recruiting andcoordinating mercenaries for theregime.Governor of Ghat (South Libya).Directly involved in recruitingmercenaries.
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Colonel AMID HUSAINAL KUNI
Number
Name
Justification
Identifiers
Annex II: Asset Freeze1234Dorda, Abu Zayd UmarJabir, Major General AbuBakr YunisMatuq, MatuqMohammedQadhafi, MohammedMuammarQadhafi, SaadiPosition: Director, ExternalSecurity OrganisationPosition: Defence MinisterPosition: Secretary for UtilitiesSon of Muammar Qadhafi.Closeness of association withregimeCommander Special Forces. Sonof Muammar Qadhafi. Closenessof association with regime.Command of military unitsinvolved in repression ofdemonstrationsSon of Muammar Qadhafi.Closeness of association withregimePosition: Director MilitaryIntelligenceTitle:Major GeneralDOB:--/--/1952.POB:Jalo, LibyaDOB:--/--/1956.POB:KhomsDOB:--/--/1970.POB:Tripoli, Libya
5
DOB:25/05/1973.POB:Tripoli, Libya
6
Qadhafi, Saif al-Arab
DOB:--/--/1982.POB:Tripoli, Libya
7Entities1
Al-Senussi, ColonelAbdullah
Title:ColonelDOB:--/--/1949.POB:Sudan
Central Bank of Libya
Under control of MuammarQadhafi and his family, andpotential source of funding forhis regime.
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Number
Name
Justification
Identifiers
2
Libyan InvestmentAuthority
Under control of MuammarQadhafi and his family, andpotential source of funding forhis regime.Under control of MuammarQadhafi and his family and apotential source of funding forhis regime.Under control of MuammarQadhafi and his family, andpotential source of funding forhis regime.Under control of MuammarQadhafi and his family, andpotential source of funding forhis regime.
a.k.a:Libyan Arab Foreign InvestmentCompany (LAFICO)Address:1 FatehTower Office, No 99 22nd Floor,Borgaida Street, Tripoli, Libya, 1103
3
Libyan Foreign Bank
4
Libyan AfricaInvestment Portfolio
Address:Jamahiriya Street, LAPBuilding, PO Box 91330, Tripoli, Libya
5
Libyan National OilCorporation
Address:Bashir Saadwi Street, Tripoli,Tarabulus, Libya
8
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