Declaration by the Brazilian Delegation Briefing on Libya (ICC Prosecutor) - November 9th, 2022

Mr. President,

I thank the Prosecutor of the International Criminal Court, Mr. Karim Khan, for his valuable briefing on the 24th report on the situation of Libya. I also welcome the Permanent Representative of Libya to today’s meeting.

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. It is encouraging to see that the Prosecutor is personally on the ground, providing this briefing from Libya. It is also encouraging to note that the Office has been making tangible progress in the implementation of the roadmap that was presented before the Council last April.

In this regard, Brazil welcomes the increased field presence of the Office of the Prosecutor in the region, a measure which increases its ability not only to investigate, but also to further engage constructively with national authorities.

Such enhanced field presence could strengthen communication lines and cooperation with national authorities, as well as 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.

The increased field presence of the Office of the Prosecutor should thus be seen as a step towards implementing 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.

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. Brazil welcomes the fact that UNSMIL has provided assistance to the Office of the Prosecutor with respect to the missions of both the Prosecutor and of the Deputy Prosecutor to Libya.

We would also like to welcome the cooperation with third countries and regional organizations to support ongoing efforts to investigate and prosecute crimes committed against migrants. Brazil would like to reiterate its support for 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.

Mr. 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 State

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. We look forward to the full implementation of the Prosecutor’s strategy in relation to the situation in Libya.