Security Council resolution 2292 (2016) [on inspection of vessels on the high seas off the coast of Libya]
Symbol: S/RES/2292 (2016)
Date: 2016-06-14
Status: adopted
Agenda: S/71 [219] LIBYA SITUATION
S/ X The situation in Libya.
Subjects: Charter of the United Nations (1945). Chapter VII|SANCTIONS|ARMS EMBARGO|SHIP INSPECTION|FOREIGN TERRORIST FIGHTERS|LIBYA
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ANGOLA
vote: yes
country: CHINA
vote: yes
country: EGYPT
vote: yes
country: FRANCE
vote: yes
country: JAPAN
vote: yes
country: MALAYSIA
vote: yes
country: NEW ZEALAND
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SENEGAL
vote: yes
country: SPAIN
vote: yes
country: UKRAINE
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: URUGUAY
vote: yes
country: VENEZUELA (BOLIVARIAN REPUBLIC OF)
vote: yes

               United Nations                                                                     S/RES/2292 (2016)
               Security Council                                                 Distr.: General
                                                                                14 June 2016




               Resolution 2292 (2016)
               Adopted by the Security Council at its 7715th meeting, on
               14 June 2016

                    The Security Council,
                     Recalling the arms embargo on Libya which was imposed, modified and
               reaffirmed by resolutions 1970 (2011), 1973 (2011), 2009 (2011), 2040 (2012), 2095
               (2013), 2144 (2014), 2174 (2014), 2213 (2015), 2214 (2015), and 2278 (2016),
                     Recalling resolution 2259 (2015) which welcomed the signing of the
               17 December 2015 Libyan Political Agreement of Skhirat, Morocco and endorsed
               the Rome Communiqué of 13 December 2015 to support the Government of
               National Accord (“GNA”) as the sole legitimate government of Libya, th at should
               be based in Tripoli, reiterating its support for the full implementation of the Libyan
               Political Agreement, and further expressing its determination in this regard to
               support the GNA,
                      Reaffirming its strong commitment to the sovereignty, independence,
               territorial integrity and national unity of Libya,
                    Reiterating its grave concern at the growing threat of terrorist groups in Libya
               proclaiming allegiance to Islamic State in Iraq and the Levant (ISIL) (also known as
               Da’esh), the growing trend of groups associating themselves with it, as well as the
               continued presence of other Al-Qaida-linked terrorist groups and individuals
               operating there, and recalling, in this regard, the obligations under resolution 2253
               (2015),
                     Recalling its resolution 2178 (2014), in particular paragraph 5 of that
               resolution, and expressing concern that the flow of foreign terrorist fighters to Libya
               can increase the intensity, duration and complexity of the conflict and pose a serious
               threat to their States of origin, transit, and travel,
                     Expressing deep concern at the threat posed by unsecured arms and
               ammunition in Libya and their proliferation, which undermines stability in Libya
               and the region, including through their transfer to armed groups in violation of the
               arms embargo, and underlining the importance of coordinated international support
               to Libya and the region to address these issues,
                      Expressing concern that the situation in Libya is exacerbated by the smuggling
               of illegal arms and related materiel in violation of the arms embargo, underlining its


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               concern at the allegations of violations of the arms embargo by sea, land, or air, and
               expressing further concern that such arms and related materiel are being used by
               terrorist groups operating in Libya, including by ISIL,
                    Welcoming the Vienna Communiqué of 16 May 2016 which recognizes the
               necessity of enhanced coordination efforts between the legitimate Libyan military
               and security forces, urges them to work quickly to implement a unified command in
               accordance with the Libyan Political Agreement to coordinate in the fight against
               Da’esh and UN-designated terrorist groups in Libyan territory, and underlines that
               the GNA has voiced its intention to submit appropriate arms embargo exemption
               requests to the Committee established pursuant to resolution 1970 (2011) (“the
               Committee”) to procure necessary lethal arms and materiel to counter
               UN-designated terrorist groups and to combat Da’esh throughout Libya,
                     Recalling that international law, as reflected in the United Nations Co nvention
               on the Law of the Sea of 10 December 1982, sets out the legal framework applicable
               to activities in the ocean,
                     Reiterating its request in resolution 2278 (2016) to the GNA to appoint a focal
               point to brief the Committee at its request and provide information relevant to the
               Committee’s work on the structure of the security forces under its control,
               consolidated procurement procedures, the infrastructure in place to ensure the safe
               storage, registration, maintenance and distribution of military equ ipment by the
               Government security forces, and training needs, and emphasizes the importance of
               the GNA exercising control over and safely storing arms, with the support of the
               international community,
                     Affirming that the GNA may submit exemption requests under paragraph 8 of
               resolution 2174 (2014) for the supply, sale or transfer of arms and related materiel,
               including related ammunition and spare parts, for use by the national security forces
               under its control to, inter alia, combat ISIL (the Islamic State in Iraq and the Levant,
               also known as Da’esh), groups that have pledged allegiance to ISIL, Ansar Al
               Sharia, and other groups associated with Al-Qaida operating in Libya, and calls
               upon the Committee established pursuant to paragraph 24 of resolution 1970 (2011)
               to consider expeditiously such requests in accordance with its rules and procedures,
                     Affirming that, pursuant to paragraph 10 of resolution 2095 (2013), the
               supplies of non-lethal military equipment and the provision of any technical
               assistance, training or financial assistance, when intended solely for security or
               disarmament assistance to the GNA and the national security forces under its
               control, shall be exempt from prior notification to and approval by the Committee,
                     Taking note of the final report of the Panel of Experts S/2016/209 established
               by paragraph 24 of resolution 1973 (2011) and modified by resolution 2040 (2012)
               submitted pursuant to paragraph 24 (d) of resolution 2213 (2015), and the fi ndings
               and recommendations contained therein, in particular the Panel’s report of regular
               violations of the arms embargo despite reinforcement of the measures,
                    Taking note of the decision of the Council of the European Union on 23 May
               2016 to extend the mandate of EUNAVFOR MED Operation Sophia by one year
               and to add further supporting tasks to its mandate, including the implementation of
               the UN arms embargo on the high seas off the coast of Libya,




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                Mindful of its primary responsibility for the maintenance of international
           peace and security under the Charter of the United Nations,
                Reaffirming its determination that terrorism, in all forms and manifestations,
           constitutes one of the most serious threats to peace and security,
                Acting under Chapter VII of the Charter of the United Nations,
                 1.   Condemns the flows of arms and related materiel transferred to or from
           Libya in violation of the arms embargo, including to ISIL and oth er terrorist groups
           in Libya;
                 2.   Urges Member States to combat by all means, in accordance with their
           obligations under the Charter of the United Nations and other obligations under
           international law, including international human rights law, internationa l refugee
           law and international humanitarian law, threats to international peace and security
           caused by terrorist acts;
                 3.    Decides, with a view to addressing the threat posed by unsecured arms
           and ammunitions in Libya and their proliferation, to authorize, in these exceptional
           and specific circumstances for a period of 12 months from the date of this resolution
           Member States, acting nationally or through regional organizations, with
           appropriate consultations with the GNA, in order to ensure strict implemen tation of
           the arms embargo on Libya, to inspect, without undue delay, on the high seas off the
           coast of Libya, vessels bound to or from Libya which they have reasonable grounds
           to believe are carrying arms or related materiel to or from Libya, directly or
           indirectly, in violation of paragraphs 9 or 10 of resolution 1970 (2011), as modified
           by paragraph 13 of 2009 (2011), paragraphs 9 and 10 of 2095 (2013) and paragraph
           8 of 2174 (2014), provided that those Member States make good -faith efforts to first
           obtain the consent of the vessel’s flag State prior to any inspections pursuant to this
           paragraph, and calls upon all flag States of above -mentioned vessels to cooperate
           with such inspections;
                4.    Authorizes Member States, acting nationally or through regiona l
           organizations, conducting inspections pursuant to paragraph 3, to use all measures
           commensurate to the specific circumstances to carry out such inspections, in full
           compliance with international humanitarian law and international human rights law,
           as applicable, and urges Member States conducting such inspections to do so
           without causing undue delay to or undue interference with the exercise of freedom
           of navigation;
                 5.   Authorizes all Member States, acting nationally or through regional
           organizations, to, and decides that all such Member States shall, upon discovery of
           items prohibited by paragraph 9 or 10 of resolution 1970, as modified by paragraph
           13 of 2009 (2011), paragraphs 9 and 10 of 2095 (2013), and paragraph 8 of
           resolution 2174 (2014), seize and dispose (such as through destruction, rendering
           inoperable, storage or transferring to a State other than the originating or destination
           States for disposal) of such items, further reaffirms its decision that all Member
           States shall cooperate in such efforts, authorizes Member States, acting nationally
           or through regional organizations, to collect evidence directly related to the carriage
           of such items in the course of such inspections, and urges Member States, acting
           nationally or through regional organizations, to avoid causing harm to the marine
           environment or to the safety of navigation;
                 6.   Affirms that the authorizations provided by paragraph 3, 4 and 5 of this
           resolution apply only with respect to inspections carried out by warships and ships



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               owned or operated and duly authorized by a State and used only on government
               non-commercial service, and which are clearly marked and identifiable as such;
                    7.    Underscores that these authorizations do not apply with respect to
               vessels entitled to sovereign immunity under international law;
                     8.   Affirms that the authorisation provided for in paragraph 4 includes the
               authority to divert vessels and their crews to a suitable port to facilitate such
               disposal, with the consent of the port State, affirms further that the authorization in
               paragraph 4 includes the authority to use, all measures commensurate to the specific
               circumstances, in full compliance with international humanitarian law and
               international human rights law, as applicable, to seize items set out in paragraph 3 in
               the course of inspections;
                     9.    Affirms that the authorizations provided in this resolution apply only with
               respect to the smuggling of illegal arms and related materiel on the high seas off the
               coast of Libya and shall not affect the rights or obligations or responsibilities of
               Member States under international law, including any rights or obligations under
               UNCLOS, including the general principle of exclusive jurisdiction of a Flag State
               over its vessels on the high seas, with respect to any other situation, underscores in
               particular that this resolution shall not be considered as establishing customary
               international law;
                      10. Decides that when any Member State, acting nationally or through
               regional organizations, undertakes an inspection pursuant to paragraph 3 of this
               resolution, it or the regional organization through which it is acting shall submit
               promptly an initial written report to the Committee containing, in particular,
               explanation of the grounds for the inspection, the efforts made to seek the consent
               of the vessel’s Flag state, the results of such inspection, and whether or not
               cooperation was provided, and, if prohibited items for transfer are found, further
               requires such Member State or regional organization submit to th e 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 info rmation is not in the
               initial report; and requests the Committee to notify the flag State of the inspected
               vessel that an inspection has been undertaken, notes the prerogative of any Member
               State to write to the Committee concerning the implementation of a ny aspect of this
               resolution, and further encourages the Panel of Experts to share relevant information
               with Member States operating under the authorization set out in this resolution;
                     11. Encourages Member States and the GNA to share relevant information
               with the Committee, and with those Member States and regional organizations
               acting under the authorisations set out in this resolution;
                     12. Requests the Secretary-General to provide, with input from CTED, in
               close collaboration with the Analytical Support and Sanctions Monitoring Team, as
               well as the Panel of Experts established pursuant to resolution 1973, a report, in
               30 days, on the threat posed to Libya and neighbouring countries, including off the
               coast of Libya, by Foreign Terrorist Fighters recruited by or joining the Islamic
               State in Iraq and the Levant (ISIL, also known as Da’esh), Al -Qaida, and associated
               individuals, groups, undertakings and entities;
                    13.   Decides to remain actively seized of the matter.




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