Security Council resolution 1970 (2011) [on establishment of a Security Council Committee to monitor implementation of the arms embargo against the Libyan Arab Jamahiriya]
Symbol: S/RES/1970(2011)
Date: 2011-02-26
Status: adopted
Agenda: S/66 [215] LIBYAN ARAB JAMAHIRIYA SITUATION
Subjects: International Criminal Court|UN. Security Council Committee Established pursuant to Resolution 1970 (2011) concerning Libya > Establishment|Charter of the United Nations (1945). Chapter VII|SANCTIONS|ARMS EMBARGO|LIBYA|FROZEN ASSETS|TRAVEL RESTRICTIONS|HUMANITARIAN ASSISTANCE|INTERNATIONAL CRIMES|PROSECUTION
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: BOSNIA AND HERZEGOVINA
vote: yes
country: BRAZIL
vote: yes
country: CHINA
vote: yes
country: COLOMBIA
vote: yes
country: FRANCE
vote: yes
country: GABON
vote: yes
country: GERMANY
vote: yes
country: INDIA
vote: yes
country: LEBANON
vote: yes
country: NIGERIA
vote: yes
country: PORTUGAL
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SOUTH AFRICA
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

                United Nations                                                                S/RES/1970 (2011)*
                Security Council                                               Distr.: General
                                                                               26 February 2011




                Resolution 1970 (2011)
                Adopted by the Security Council at its 6491st meeting, on
                26 February 2011

                     The Security Council,
                     Expressing grave concern at the situation in the Libyan Arab Jamahiriya and
                condemning the violence and use of force against civilians,
                      Deploring the gross and systematic violation of human rights, including the
                repression of peaceful demonstrators, expressing deep concern at the deaths of
                civilians, and rejecting unequivocally the incitement to hostility and violence
                against the civilian population made from the highest level of the Libyan
                government,
                      Welcoming the condemnation by the Arab League, the African Union, and the
                Secretary General of the Organization of the Islamic Conference of the serious
                violations of human rights and international humanitarian law that are being
                committed in the Libyan Arab Jamahiriya,
                    Taking note of the letter to the President of the Security Council from the
                Permanent Representative of the Libyan Arab Jamahiriya dated 26 February 2011,
                      Welcoming the Human Rights Council resolution A/HRC/RES/S-15/1 of
                25 February 2011, including the decision to urgently dispatch an independent
                international commission of inquiry to investigate all alleged violations of
                international human rights law in the Libyan Arab Jamahiriya, to establish the facts
                and circumstances of such violations and of the crimes perpetrated, and where
                possible identify those responsible,
                      Considering that the widespread and systematic attacks currently taking place
                in the Libyan Arab Jamahiriya against the civilian population may amount to crimes
                against humanity,
                     Expressing concern at the plight of refugees forced to flee the violence in the
                Libyan Arab Jamahiriya,
                     Expressing concern also at the reports of shortages of medical supplies to treat
                the wounded,


            * Second reissue for technical reasons (10 March 2011).


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                    Recalling the Libyan authorities’ responsibility to protect its population,
                    Underlining the need to respect the freedoms of peaceful assembly and of
               expression, including freedom of the media,
                    Stressing the need to hold to account those responsible for attacks, including
               by forces under their control, on civilians,
                    Recalling article 16 of the Rome Statute under which no investigation or
               prosecution may be commenced or proceeded with by the International Criminal
               Court for a period of 12 months after a Security Council request to that effect,
                    Expressing concern for the safety of foreign nationals and their rights in the
               Libyan Arab Jamahiriya,
                     Reaffirming its strong commitment to the sovereignty, independence, territorial
               integrity and national unity of the Libyan Arab Jamahiriya.
                    Mindful of its primary responsibility for the maintenance of international peace
               and security under the Charter of the United Nations,
                   Acting under Chapter VII of the Charter of the United Nations, and taking
               measures under its Article 41,
                     1.   Demands an immediate end to the violence and calls for steps to fulfil the
               legitimate demands of the population;
                    2.    Urges the Libyan authorities to:
                    (a) Act with the utmost restraint, respect human rights and international
               humanitarian law, and allow immediate access for international human rights
               monitors;
                     (b) Ensure the safety of all foreign nationals and their assets and facilitate
               the departure of those wishing to leave the country;
                   (c) Ensure the safe passage of humanitarian and medical supplies, and
               humanitarian agencies and workers, into the country; and
                    (d)   Immediately lift restrictions on all forms of media;
                    3.   Requests all Member States, to the extent possible, to cooperate in the
               evacuation of those foreign nationals wishing to leave the country;

               ICC referral
                    4.   Decides to refer the situation in the Libyan Arab Jamahiriya since
               15 February 2011 to the Prosecutor of the International Criminal Court;
                    5.    Decides that the Libyan authorities shall cooperate fully with and provide
               any necessary assistance to the Court and the Prosecutor pursuant to this resolution
               and, while recognizing that States not party to the Rome Statute have no obligation
               under the Statute, urges all States and concerned regional and other international
               organizations to cooperate fully with the Court and the Prosecutor;
                     6.   Decides that nationals, current or former officials or personnel from a
               State outside the Libyan Arab Jamahiriya which is not a party to the Rome Statute of
               the International Criminal Court shall be subject to the exclusive jurisdiction of that
               State for all alleged acts or omissions arising out of or related to operations in the


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           Libyan Arab Jamahiriya established or authorized by the Council, unless such
           exclusive jurisdiction has been expressly waived by the State;
                 7.   Invites the Prosecutor to address the Security Council within two months
           of the adoption of this resolution and every six months thereafter on actions taken
           pursuant to this resolution;
                 8.    Recognizes that none of the expenses incurred in connection with the
           referral, including expenses related to investigations or prosecutions in connection
           with that referral, shall be borne by the United Nations and that such costs shall be
           borne by the parties to the Rome Statute and those States that wish to contribute
           voluntarily;

           Arms embargo
                 9.    Decides that all Member States shall immediately take the necessary
           measures to prevent the direct or indirect supply, sale or transfer to the Libyan Arab
           Jamahiriya, from or through their territories or by their nationals, or using their flag
           vessels or aircraft, of arms and related materiel of all types, including weapons and
           ammunition, military vehicles and equipment, paramilitary equipment, and spare
           parts for the aforementioned, and technical assistance, training, financial or other
           assistance, related to military activities or the provision, maintenance or use of any
           arms and related materiel, including the provision of armed mercenary personnel
           whether or not originating in their territories, and decides further that this measure
           shall not apply to:
                (a) Supplies of non-lethal military equipment intended solely for
           humanitarian or protective use, and related technical assistance or training, as
           approved in advance by the Committee established pursuant to paragraph 24 below;
                (b) Protective clothing, including flak jackets and military helmets,
           temporarily exported to the Libyan Arab Jamahiriya by United Nations personnel,
           representatives of the media and humanitarian and development workers and
           associated personnel, for their personal use only; or
                 (c) Other sales or supply of arms and related materiel, or provision of
           assistance or personnel, as approved in advance by the Committee;
                10. Decides that the Libyan Arab Jamahiriya shall cease the export of all
           arms and related materiel and that all Member States shall prohibit the procurement
           of such items from the Libyan Arab Jamahiriya by their nationals, or using their
           flagged vessels or aircraft, and whether or not originating in the territory of the
           Libyan Arab Jamahiriya;
                 11. Calls upon all States, in particular States neighbouring the Libyan Arab
           Jamahiriya, to inspect, in accordance with their national authorities and legislation
           and consistent with international law, in particular the law of the sea and relevant
           international civil aviation agreements, all cargo to and from the Libyan Arab
           Jamahiriya, in their territory, including seaports and airports, if the State concerned
           has information that provides reasonable grounds to believe the cargo contains items
           the supply, sale, transfer, or export of which is prohibited by paragraphs 9 or 10 of
           this resolution for the purpose of ensuring strict implementation of those provisions;
                 12. Decides to authorize all Member States to, and that all Member States
           shall, upon discovery of items prohibited by paragraph 9 or 10 of this resolution,


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               seize and dispose (such as through destruction, rendering inoperable, storage or
               transferring to a State other than the originating or destination States for disposal)
               items the supply, sale, transfer or export of which is prohibited by paragraphs 9 or
               10 of this resolution and decides further that all Member States shall cooperate in
               such efforts;
                    13. Requires any Member State when it undertakes an inspection pursuant to
               paragraph 11 above, to submit promptly an initial written report to the Committee
               containing, in particular, explanation of the grounds for the inspections, the results
               of such inspections, and whether or not cooperation was provided, and, if prohibited
               items for transfer are found, further requires such Member States to submit to the
               Committee, at a later stage, a subsequent written report containing relevant details
               on the inspection, seizure, and disposal, and relevant details of the transfer,
               including a description of the items, their origin and intended destination, if this
               information is not in the initial report;
                    14. Encourages Member States to take steps to strongly discourage their
               nationals from travelling to the Libyan Arab Jamahiriya to participate in activities
               on behalf of the Libyan authorities that could reasonably contribute to the violation
               of human rights;

               Travel ban
                    15. Decides that all Member States shall take the necessary measures to
               prevent the entry into or transit through their territories of individuals listed in
               Annex I of this resolution or designated by the Committee established pursuant to
               paragraph 24 below, provided that nothing in this paragraph shall oblige a State to
               refuse its own nationals entry into its territory;
                    16.     Decides that the measures imposed by paragraph 15 above shall not
               apply:
                     (a) Where the Committee determines on a case-by-case basis that such travel
               is justified on the grounds of humanitarian need, including religious obligation;
                    (b)     Where entry or transit is necessary for the fulfilment of a judicial
               process;
                    (c) Where the Committee determines on a case-by-case basis that an
               exemption would further the objectives of peace and national reconciliation in the
               Libyan Arab Jamahiriya and stability in the region; or
                     (d) Where a State determines on a case-by-case basis that such entry or
               transit is required to advance peace and stability in the Libyan Arab Jamahiriya and
               the States subsequently notifies the Committee within forty-eight hours after making
               such a determination;

               Asset freeze
                     17. Decides that all Member States shall freeze without delay all funds, other
               financial assets and economic resources which are on their territories, which are
               owned or controlled, directly or indirectly, by the individuals or entities listed in
               annex II of this resolution or designated by the Committee established pursuant to
               paragraph 24 below, or by individuals or entities acting on their behalf or at their
               direction, or by entities owned or controlled by them, and decides further that all


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           Member States shall ensure that any funds, financial assets or economic resources
           are prevented from being made available by their nationals or by any individuals or
           entities within their territories, to or for the benefit of the individuals or entities
           listed in Annex II of this resolution or individuals designated by the Committee;
                18. Expresses its intention to ensure that assets frozen pursuant to
           paragraph 17 shall at a later stage be made available to and for the benefit of the
           people of the Libyan Arab Jamahiriya;
                 19. Decides that the measures imposed by paragraph 17 above do not apply
           to funds, other financial assets or economic resources that have been determined by
           relevant Member States:
                 (a) To be necessary for basic expenses, including payment for foodstuffs,
           rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and
           public utility charges or exclusively for payment of reasonable professional fees and
           reimbursement of incurred expenses associated with the provision of legal services
           in accordance with national laws, or fees or service charges, in accordance with
           national laws, for routine holding or maintenance of frozen funds, other financial
           assets and economic resources, after notification by the relevant State to the
           Committee of the intention to authorize, where appropriate, access to such funds,
           other financial assets or economic resources and in the absence of a negative
           decision by the Committee within five working days of such notification;
                (b) To be necessary for extraordinary expenses, provided that such
           determination has been notified by the relevant State or Member States to the
           Committee and has been approved by the Committee; or
                 (c) To be the subject of a judicial, administrative or arbitral lien or judgment,
           in which case the funds, other financial assets and economic resources may be used
           to satisfy that lien or judgment provided that the lien or judgment was entered into
           prior to the date of the present resolution, is not for the benefit of a person or entity
           designated pursuant to paragraph 17 above, and has been notified by the relevant
           State or Member States to the Committee;
                 20. Decides that Member States may permit the addition to the accounts
           frozen pursuant to the provisions of paragraph 17 above of interests or other
           earnings due on those accounts or payments due under contracts, agreements or
           obligations that arose prior to the date on which those accounts became subject to
           the provisions of this resolution, provided that any such interest, other earnings and
           payments continue to be subject to these provisions and are frozen;
                 21. Decides that the measures in paragraph 17 above shall not prevent a
           designated person or entity from making payment due under a contract entered into
           prior to the listing of such a person or entity, provided that the relevant States have
           determined that the payment is not directly or indirectly received by a person or
           entity designated pursuant to paragraph 17 above, and after notification by the
           relevant States to the Committee of the intention to make or receive such payments
           or to authorize, where appropriate, the unfreezing of funds, other financial assets or
           economic resources for this purpose, 10 working days prior to such authorization;




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               Designation criteria
                     22. Decides that the measures contained in paragraphs 15 and 17 shall apply
               to the individuals and entities designated by the Committee, pursuant to paragraph
               24 (b) and (c), respectively;
                    (a) Involved in or complicit in ordering, controlling, or otherwise directing,
               the commission of serious human rights abuses against persons in the Libyan Arab
               Jamahiriya, including by being involved in or complicit in planning, commanding,
               ordering or conducting attacks, in violation of international law, including aerial
               bombardments, on civilian populations and facilities; or
                     (b) Acting for or on behalf of or at the direction of individuals or entities
               identified in subparagraph (a).
                     23. Strongly encourages Member States to submit to the Committee names of
               individuals who meet the criteria set out in paragraph 22 above;

               New Sanctions Committee
                    24. Decides to establish, in accordance with rule 28 of its provisional rules of
               procedure, a Committee of the Security Council consisting of all the members of the
               Council (herein “the Committee”), to undertake to following tasks:
                     (a) To monitor implementation of the measures imposed in paragraphs 9, 10,
               15, and 17;
                    (b) To designate those individuals subject to the measures imposed by
               paragraphs 15 and to consider requests for exemptions in accordance with paragraph
               16 above;
                    (c) To designate those individuals subject to the measures imposed by
               paragraph 17 above and to consider requests for exemptions in accordance with
               paragraphs 19 and 20 above;
                    (d) To establish such guidelines as may be necessary to facilitate the
               implementation of the measures imposed above;
                      (e) To report within thirty days to the Security Council on its work for the
               first report and thereafter to report as deemed necessary by the Committee;
                     (f) To encourage a dialogue between the Committee and interested Member
               States, in particular those in the region, including by inviting representatives of such
               States to meet with the Committee to discuss implementation of the measures;
                    (g) To seek from all States whatever information it may consider useful
               regarding the actions taken by them to implement effectively the measures imposed
               above;
                     (h) To examine and take appropriate action on information regarding alleged
               violations or non-compliance with the measures contained in this resolution;
                    25. Calls upon all Member States to report to the Committee within 120 days
               of the adoption of this resolution on the steps they have taken with a view to
               implementing effectively paragraphs 9, 10, 15 and 17 above;




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           Humanitarian assistance
                26. Calls upon all Member States, working together and acting in
           cooperation with the Secretary General, to facilitate and support the return of
           humanitarian agencies and make available humanitarian and related assistance in the
           Libyan Arab Jamahiriya, and requests the States concerned to keep the Security
           Council regularly informed on the progress of actions undertaken pursuant to this
           paragraph, and expresses its readiness to consider taking additional appropriate
           measures, as necessary, to achieve this;

           Commitment to review
                 27. Affirms that it shall keep the Libyan authorities’ actions under continuous
           review and that it shall be prepared to review the appropriateness of the measures
           contained in this resolution, including the strengthening, modification, suspension
           or lifting of the measures, as may be needed at any time in light of the Libyan
           authorities’ compliance with relevant provisions of this resolution;
                28.   Decides to remain actively seized of the matter.




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Annex I
               Travel ban

               1.   Al-Baghdadi, Dr Abdulqader Mohammed
                    Passport number: B010574. Date of birth: 01/07/1950.
                    Head of the Liaison Office of the Revolutionary Committees. Revolutionary
                    Committees involved in violence against demonstrators.
               2.   Dibri, Abdulqader Yusef
                    Date of birth: 1946. Place of birth: Houn, Libya.
                    Head of Muammar Qadhafi’s personal security. Responsibility for regime
                    security. History of directing violence against dissidents.
               3.   Dorda, Abu Zayd Umar
                    Director, External Security Organisation. Regime loyalist. Head of external
                    intelligence agency.
               4.   Jabir, Major General Abu Bakr Yunis
                    Date of birth: 1952. Place of birth: Jalo, Libya.
                    Defence Minister. Overall responsibility for actions of armed forces.
               5.   Matuq, Matuq Mohammed
                    Date of birth: 1956. Place of birth: Khoms.
                    Secretary for Utilities. Senior member of regime. Involvement with
                    Revolutionary Committees. Past history of involvement in suppression of
                    dissent and violence.
               6.   Qadhaf Al-dam, Sayyid Mohammed
                    Date of birth: 1948. Place of birth: Sirte, Libya.
                    Cousin of Muammar Qadhafi. In the 1980s, Sayyid was involved in the
                    dissident assassination campaign and allegedly responsible for several deaths
                    in Europe. He is also thought to have been involved in arms procurement.
               7.   Qadhafi, Aisha Muammar
                    Date of birth: 1978. Place of birth: Tripoli, Libya.
                    Daughter of Muammar Qadhafi. Closeness of association with regime.
               8.   Qadhafi, Hannibal Muammar
                    Passport number: B/002210. Date of birth: 20/09/1975. Place of birth: Tripoli,
                    Libya. Son of Muammar Qadhafi. Closeness of association with regime.
               9.   Qadhafi, Khamis Muammar
                    Date of birth: 1978. Place of birth: Tripoli, Libya.
                    Son of Muammar Qadhafi. Closeness of association with regime. Command of
                    military units involved in repression of demonstrations.



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           10.   Qadhafi, Mohammed Muammar
                 Date of birth: 1970. Place of birth: Tripoli, Libya.
                 Son of Muammar Qadhafi. Closeness of association with regime.
           11.   Qadhafi, Muammar Mohammed Abu Minyar
                 Date of birth: 1942. Place of birth: Sirte, Libya.
                 Leader of the Revolution, Supreme Commander of Armed Forces.
                 Responsibility for ordering repression of demonstrations, human rights abuses.
           12.   Qadhafi, Mutassim
                 Date of birth: 1976. Place of birth: Tripoli, Libya.
                 National Security Adviser. Son of Muammar Qadhafi. Closeness of association
                 with regime.
           13.   Qadhafi, Saadi
                 Passport number: 014797. Date of birth: 25/05/1973. Place of birth: Tripoli,
                 Libya.
                 Commander Special Forces. Son of Muammar Qadhafi. Closeness of
                 association with regime. Command of military units involved in repression of
                 demonstrations.
           14.   Qadhafi, Saif al-Arab
                 Date of birth: 1982. Place of birth: Tripoli, Libya.
                 Son of Muammar Qadhafi. Closeness of association with regime.
           15.   Qadhafi, Saif al-Islam
                 Passport number: B014995. Date of birth: 25/06/1972. Place of birth: Tripoli,
                 Libya.
                 Director, Qadhafi Foundation. Son of Muammar Qadhafi. Closeness of
                 association with regime. Inflammatory public statements encouraging violence
                 against demonstrators.
           16.   Al-Senussi, Colonel Abdullah
                 Date of birth: 1949. Place of birth: Sudan.
                 Director Military Intelligence. Military Intelligence involvement in
                 suppression of demonstrations. Past history includes suspicion of involvement
                 in Abu Selim prison massacre. Convicted in absentia for bombing of UTA
                 flight. Brother-in-law of Muammar Qadhafi.




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Annex II
               Asset freeze

               1.   Qadhafi, Aisha Muammar
                    Date of birth: 1978. Place of birth: Tripoli, Libya.
                    Daughter of Muammar Qadhafi. Closeness of association with regime.
               2.   Qadhafi, Hannibal Muammar
                    Passport number: B/002210. Date of birth: 20/09/1975. Place of birth: Tripoli,
                    Libya. Son of Muammar Qadhafi. Closeness of association with regime.
               3.   Qadhafi, Khamis Muammar
                    Date of birth: 1978. Place of birth: Tripoli, Libya.
                    Son of Muammar Qadhafi. Closeness of association with regime. Command of
                    military units involved in repression of demonstrations.
               4.   Qadhafi, Muammar Mohammed Abu Minyar
                    Date of birth: 1942. Place of birth: Sirte, Libya.
                    Leader of the Revolution, Supreme Commander of Armed Forces.
                    Responsibility for ordering repression of demonstrations, human rights abuses.
               5.   Qadhafi, Mutassim
                    Date of birth: 1976. Place of birth: Tripoli, Libya.
                    National Security Adviser. Son of Muammar Qadhafi. Closeness of association
                    with regime.
               6.   Qadhafi, Saif al-Islam
                    Passport number: B014995. Date of birth: 25/06/1972. Place of birth: Tripoli,
                    Libya.
                    Director, Qadhafi Foundation. Son of Muammar Qadhafi. Closeness of
                    association with regime. Inflammatory public statements encouraging violence
                    against demonstrators.




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