Security Council 7959th meeting on the situation in Libya in regards to the ICC (S/PV.7059), took place on 14 November 2013.
The ICC Prosecutor Ms. Fatou Bensouda briefed the Council on Libya during Security Council meeting S/PV.7059 on 14 November 2013, with
responding remarks from Security Council Member States and Libya. The Prosecutor’s statement focused on the volatile security situation,
the thousands of detainees that remained in uncertain conditions with allegations of torture and killings, tensions around the Tawergha
minority issue, the positive development which took place in the draft law that made rape during armed conflict a war crime in Libya, and
especially the invocation of complementarity in both the Al-Senussi and Al-Qadhafi cases, with the ICC finding the Al-Senussi case
inadmissible and the Al-Qadhafi case admissible before the ICC, and the Prosecutor’s subsequently called for Libya to hand over Saif Al-Islam
Al-Qadhafi to the ICC. The ICC also signed a burden-sharing memorandum of understanding with Libya, whose purpose was to facilitate a
collaborative effort to bring individuals to justice at the ICC or Libya.
The ICC Prosecutor and several Security Council Member States – including France, Guatemala, the UK and the USA – made reference to
women, peace and security concerns. Ms. Bensouda and the representatives from France and the USA welcomed the draft law that would
make rape during armed conflict a war crime in Libya, while Guatemala and the UK acknowledged the investigations into gender crimes and
called for accountability.
Although there were several references to the investigations into gender-based crimes and the need for accompanying justice and
accountability, the briefing missed the opportunity to highlight the broader women, peace and security agenda as it related to the rule of
law reform in Libya. In this regard, the Prosecutor touched upon security sector reform, torture, detention and transitional justice, but
brought no gender perspective to these considerations. Further, although the draft law that would make rape during armed conflict a war
crime in Libya was a welcomed development, there was no attention given to the fact that rape is a narrow categorization that may have
effectively excluded other forms of sexual- and gender-based violence.
The June MAP on the situation in Libya (June 2013) was not specific to the ICC, and so did not directly parallel this briefing in content.
However, the June MAP did call for accountability for serious and ongoing crimes, as well as effective protection of human rights (including
for detainees) and guarantees of non-discrimination. In response, the Prosecutor’s briefings (and subsequent Member States’ responses)
touched upon these issues broadly, and the Prosecutor and several Member States highlighted gender crimes specifically. However, the
briefing did not address women, peace and security concerns otherwise.
The previous briefing by the ICC Prosecutor on Libya, S/PV.6962, also included statements from Member States France, Guatemala, UK and
USA on sexual- or gender-based crimes and the ICC’s respondent investigations. However, unlike the current briefing, the previous briefing
also included statements on gender-based crimes by Azerbaijan, Argentina, Luxembourg, and Togo.