| UNSecurity Council Resolution 1970 | |
|---|---|
 Libyan opposition inBenghazi during the uprising | |
| Date | 26 February 2011 |
| Meeting no. | 6,491 |
| Code | S/RES/1970 (Document) |
| Subject | Peace and security in Africa |
Voting summary |
|
| Result | Adopted |
| Security Council composition | |
Permanent members | |
Non-permanent members | |
United NationsSecurity Council Resolution 1970 was a measure adopted unanimously by theUNSecurity Council on 26 February 2011. It condemned the use of lethal force by the government ofMuammar Gaddafi against protesters participating in theLibyan Civil War, and imposed a series ofinternational sanctions in response.[1][2]
TheSecurity Council resolution marked the first time a country wasunanimously referred to theInternational Criminal Court by the council.[3]
It has been alleged byLe Figaro that France openly violated the resolution by parachuting weapons to Libyan rebels (seelower).
During the Libyan civil war, Gaddafi's loyalist forces allegedly carried out aerial bombings inTripoli over civilian protesters, which drew widespread condemnation. However, these massacres likely never took place.[4] Nonetheless, under pressure frommutinying Libyan diplomats the UN was brought to act.
Resolution 1970, proposed byFrance,Germany, theUnited Kingdom and theUnited States,[5] was adopted after a day-long discussion.[6] Libyan Ambassador to the United NationsAbdurrahman Mohamed Shalgam, who defected from the Libyan government, appealed to the Security Council to act on the situation in Libya. He persuadedChina,India andRussia to include a reference to theInternational Criminal Court, after they previously expressed concern that it could inflame the situation.[7] Russia secured a provision preventing nations from using the resolution as a pretext for intervention in Libya.[7] Another provision proposed by Libyan representatives to include ano-fly zone over the country was rejected.[6] The Security Council unanimously adopted resolution 1970 on 26 February 2011, making explicit reference to theResponsibility to protect. Under resolution 1973, Libya was the first case where the Security Council authorized a military intervention citing the R2P.[8]
| Approved (15) | Abstained (0) | Opposed (0) |
|---|---|---|
* Permanent members of the Security Council are in bold.
In the introduction of the resolution, the Council expressed "grave concern" at the situation in Libya and condemned the use of force against civilians. It also condemned the repression and violations ofhuman rights, and attempts by the Libyan government to incite violence;[9] statements of condemnation from theArab League,African Union,Organisation of the Islamic Conference andUnited Nations Human Rights Council were welcomed by the Council. Such attacks on protesters were considered to amount tocrimes against humanity.[10]
There was concern at therefugee situation, a shortage of medical supplies and the welfare of foreign nationals. The Security Council recalled the Libyan government's responsibility to protect its people, respect thefreedoms of assembly,expression and afree media. Additionally, the government was reminded of the need to bring those responsible for attacks on civilians to account.
The text of the resolution recalled article 16 of the Rome Statute under which no investigation orprosecution may be commenced or proceeded with by the International CriminalCourt for a period of 12 months after a Security Council request to that effect.
The remainder of the resolution was enacted underChapter VII of the United Nations Charter and Article 41, thus making its provisions legally enforceable.
The Council demanded an immediate end to the violence in Libya and for the government to address the "legitimate demands of the population".[11] It urged the authorities to respectinternational humanitarian andhuman rights law, act with restraint, ensure the safety of foreign nationals and humanitarian supplies and lift restrictions placed on the media.[11] International co-operation was advised to evacuate foreign nationals from the country.
The resolution then referred the situation in Libya to theProsecutor of the International Criminal Court, who was to address the Council within two months following the adoption of Resolution 1970 and every six months thereafter on action taken, further deciding that Libyan officials should fully co-operate with the Court. Anarms embargo was also imposed, preventingweapons from being exported to or out of Libya. States neighbouring Libya were encouraged to inspect suspicious cargo for weapons and to seize any found, while they were also called upon to preventmercenaries from being used in the uprising. Furthermore, atravel ban and asset freeze was imposed on individuals both in and closely linked to Gaddafi's government; any frozen assets would be made available to benefit the population.
The Security Council established a Committee to monitor the implementation of the sanctions, investigate violations and to impose targeted sanctions on additional individuals and entities.[12] All states were called upon to facilitatehumanitarian assistance to Libya. The resolution concluded with the Council stating its intention to review, modify, strengthen or lift the measures in light of the situation.
The following members of theGaddafi government were subjects of the travel ban:
The following were also subjects of anasset freeze:
On 16 April 2011, one of the rebel leaders, GeneralAbdul Fatah Younis toldAl-Arabiya that his forces were receiving armament supplies from abroad.[13] This information was confirmed byMustafa Gheriani, a spokesman for the rebels'National Transitional Council.[13] On 28 July, it became known that it was France that parachutedassault rifles,machineguns andanti-tank guided weapons for the first time, and was airlifting weapons to the airfields that had recently been constructed by rebels.[14]
Works related toUnited Nations Security Council Resolution 1970 at Wikisource| Legal texts |
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