Statement by the Deputy Permanent Representative of Brazil to the United Nations, Ambassador João Genésio de Almeida Filho, at the UNSC Briefing of the ICC Prosecutor on Libya - April 28th, 2022

Madam President,

I thank the Prosecutor of the International Criminal Court, Mr. Karim Khan, for his valuable briefing on the 23rd report on the situation of Libya. I also welcome the Permanent Representative of Libya to today`s meeting.

At the outset, allow me to reiterate Brazil’s longstanding support to the International Criminal Court. As one of its founders, Brazil recognizes the value that a permanent, treaty-based tribunal has in fighting impunity and bringing justice to victims.

Brazil was presiding over this Council when resolution 1970, which referred the Libyan situation to the Court, was adopted unanimously. We would thus like to reaffirm our strong commitment to Libyan peace and stability.

Brazil supports, in particular, the ongoing efforts to withdraw foreign forces from Libyan territory. The presence of foreign fighters, including mercenaries, poses an additional threat to Libya`s stability and the rule of law.

We welcome the Prosecutor`s transparent approach towards the renewed strategy for action in relation to the Libyan situation. We consider a positive step to outline in an open manner the investigative and prosecutorial strategy, including its key targets and core principles, as reflected in the present report.

We also support the emphasis given by the Prosecutor on the principle of complementarity, with a view to support and strengthen national investigations and prosecutions. We encourage the Prosecutor to continue engaging with Libyan authorities on a regular basis, as complementarity is one of the cornerstones of the Rome Statute system. International criminal justice is a temporary solution when states with jurisdiction are unwilling or unable to investigate and prosecute the most serious crimes.

Brazil further welcomes the Prosecutor`s willingness to bring his Office closer to survivors, witnesses and families of victims, in agreement with national authorities. Such enhanced

field presence could provide a safe, secure and stable environment to witnesses who wish to engage directly with investigators. Furthermore, cooperation efforts can provide opportunities to strengthen local institutions, so that States can fulfill their primary responsibility to investigate and prosecute crimes committed in their territories.

UNSMIL can also make important contributions to national authorities in the fight against impunity, employing a collaborative approach in areas of investigation. These are important steps to hold perpetrators accountable for their crimes, including those against migrants and refugees.

Madam President,

The UN should provide appropriate resources to the Court in relation to situations referred by the Security Council. It cannot be overemphasized that the current situation, where only States Parties cover the cost of Security Council referrals, is neither fair nor sustainable. We commend the Prosecutor for having allocated additional resources to the Libya investigation team. However, we note with concern that such additional resources remain insufficient to address all aspects of the Libya situation, as outlined in the report.

In conclusion, Brazil would like to renew its support to the efforts of the Office of the Prosecutor in ensuring justice and accountability, in accordance with the principle of complementarity. We hope a fruitful relationship between the OTP and Libyan authorities will foster a culture of justice and accountability.

I thank you.