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I would like to thank Ms Fatou Bensouda, Prosecutor of the International Criminal Court, for the Ninth Report to the UN Security Council and her briefing on the work of her Office in relation to its ongoing efforts to ensure accountability for serious international crimes in Libya. Lithuania remains concerned that since the last time Prosecutor briefed the Council, security situation in Libya has sharply deteriorated. Indiscriminate attacks in heavily populated areas, abduction of civilians, torture, unlawful killings and arbitrary executions with mass beheadings testify that violations of international humanitarian law and abuses of human rights continue to be committed in Libya.  

Growing impact of terrorist groups in Libya, particularly affiliated with Da’esh is terrifying. Alleged executions by those groups, including mass beheading of 21 Egyptians in February and dozens of Ethiopian and some Eritrean nationals in April may constitute crimes against humanity and war crimes under the Rome Statute. Such environment clearly cannot be conducive to ensure accountability in the country. 

Especially worrisome are growing threats to human rights defenders, media workers and journalists. Last year, Eastern Libya was among the five most dangerous areas for journalists worldwide – 97 journalists were attacked, 29 kidnapped and 4 killed. We encourage Prosecutor and her office to closely monitor this situation as some of those crimes could fall within the jurisdiction of the International Criminal Court.

Lithuania notes with concern the slow progress that has been made on the issue of detainees in Libya. The Government of Libya has to redouble its efforts to put an end to that situation, release the detainees against whom there is no evidence and refer cases where there is evidence to the national courts in accordance with national legislation.

Lithuania thanks the Prosecutor for the update on the cases against Saif Al-Islam Al-Gaddafi and Abdullah Al-Senussi. We continue to urge Libya to uphold its clear legal obligation and surrender Saif Al-Islam Al-Gaddafi to the custody of the International Criminal Court. We are aware that national proceedings against Saif Al-Islam Al-Gadaffi resumed last fall, however Libya should ensure that this trial does not undermine its responsibility and obligation to cooperate with the Court.

Despite that Libya still faces numerous challenges in the area of strengthening rule-of-law institutions, a constructive dialogue continues between the offices of the ICC Prosecutor and the Libyan Prosecutor General on further implementation of the Memorandum of Understanding. International cooperation is essential to achieving a genuine peace in Libya, building a strong and effective judicial system and ensuring respect for its citizens’ human rights. We support the creation of the contact group on justice, as suggested by the Prosecutor and believe that such group could provide a particular support in fighting impunity at the national level.

Allow me to conclude by expressing our strong support to the International Criminal Court and the work of the Office of the Prosecutor and to reiterate that the United Nations have to ensure  adequate resources for the investigations in the situations referred to the Court by the Security Council. Fight against impunity is not an obligation exclusive to the States parties to the Rome Statute. It is an obligation of all international community, therefore commitment to provide the Court with necessary recourses has to be fulfilled.