Statement by the Deputy Permanent Representative of Brazil to the United Nations, Ambassador João Genésio de Almeida Filho, at the Briefing of the ICC Prosecutor on Libya - May 11th,2023

Madam President,

I thank the Prosecutor of the International Criminal Court for his briefing on the 25th 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 participation in the Rome Statute system.

We would also like to reaffirm our strong commitment to Libyan peace and stability.

Brazil reiterates the importance of a permanent international tribunal in fighting impunity for the most serious crimes under international law.

Madam President,

Complementarity is one of the cornerstones of the Rome Statute system, as it is the primary duty of States to exercise their criminal jurisdiction over those responsible for serious crimes.

Brazil therefore welcomes the Office of the Prosecutor for strengthening cooperation with Libyan national authorities. We believe that the establishment of a Liaison Office in Tripoli could enhance the cooperation and complementarity activities of the Office.

As a treaty-based tribunal, cooperation between States Parties is of the utmost importance in order to allow the Court to exercise its functions in Libya, considering that the Court does not have its own enforcement body.

Furthermore, resolution 1970, while recognizing that States not party to the Rome Statute have no obligations under the Statute, urged all States and concerned regional and other international organizations to cooperate fully with the Court and the Prosecutor regarding the situation in Libya.

We note with appreciation the progress made in the policy of cooperation with third States, as reflected in the report, on the basis of the Security Council Resolution, adopted under Chapter VII of the Charter.

Madam President,

In our efforts to promote accountability for the most serious crimes under international law, we should not be guided by political polarization, but by the purpose of providing justice to victims. In this context, Brazil 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.

Brazil believes that international criminal accountability may be a means to provide reparation, including collective reparation. We also believe that all victims of serious crimes deserve equal treatment, 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, and its prioritization of situations referred by the Security Council.

Brazil appreciates the progress made in the investigations, and we urge the Prosecutor to unseal existing arrest warrants, in the interest of transparency.

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.

And I thank you