Discurso do Representante Permanente, Embaixador Sérgio França Danese, em "briefing" do Conselho de Segurança sobre a Situação na Líbia - 8 de novembro de 2023 (texto em inglês)

Statement by the Permanent Representative, Ambassador Sérgio França Danese, at the UNSC Briefing of the ICC Prosecutor on Libya
8 November 2023 

Mister President, 

I thank the Prosecutor of the International Criminal Court for his briefing on the 26th report on the situation in Libya. I also welcome the Permanent Representative of Libya to today’s meeting.

Complementarity is one of the cornerstones of the Rome Statute system. It is the primary duty of States to exercise their criminal jurisdiction over those responsible for serious crimes. Only when the state is unable or unwilling to fulfil its duties can the International Criminal Court be called into action. 

Brazil welcomes the efforts of the Office of the Prosecutor to strengthen cooperation with Libyan national authorities. 

Resolution 1970 recognized that States not parties to the Rome Statute have no obligation under the Statute. At the same time, in this Chapter VII resolution, the Council decided that the Libyan authorities shall cooperate fully with the Court and the Prosecutor. 

We note with appreciation the Office’s comments that recent engagements with the Libyan authorities have reflected a more positive trajectory. 

Resolution 1970 also urged all States and concerned regional and other international organizations to cooperate fully with the Court and the Prosecutor regarding the situation in Libya. 

As a treaty-based tribunal, cooperation between States Parties is of the utmost importance in order to allow the Court to exercise its functions. Since the Court has no enforcement instruments, it relies solely on the cooperation of States. Such requests for cooperation by the Court shall be fully consistent with the Rome Statute and relevant resolutions of the Security Council. 

Mister President, 

In promoting accountability for the most serious crimes under international law, we should not be guided by politicization, but rather by the purpose of providing justice to victims. Brazil therefore welcomes the efforts to empower victims, witnesses and affected communities, both inside and outside Libya. We encourage the Prosecutor to further engage with victims and their representatives. 

To avoid criticism of selectivity and double standards, all victims of the most serious crimes must be treated equally, regardless of the situation under investigation. 

Although there has not been any judgment in the Libyan situation so far, we welcome the efforts made by the Office of the Prosecutor to collect evidence. 

Brazil appreciates the progress made in the investigations. In order to be fully transparent, we encourage the Prosecutor to provide additional information with respect to his four key lines of inquiry. 

Brazil expects that the efforts of the Office of the Prosecutor will ensure justice and accountability, in accordance with the principle of complementarity. We hope that a fruitful relationship between the Office of the Prosecutor and Libyan authorities will foster a culture of justice and accountability in Libya. 

Thank you.