Security Council resolution 1973 (2011) [on establishment of a ban on flights in the Libyan Arab Jamahiriya airspace]
Symbol: S/RES/1973(2011)
Date: 2011-03-17
Status: adopted
Agenda: S/66 [215] LIBYAN ARAB JAMAHIRIYA SITUATION
Subjects: African Union. Peace and Security Council|League of Arab States|UN. Secretary-General|UN. Security Council Committee Established pursuant to Resolution 1970 (2011) concerning Libya|UN. Panel of Experts Established pursuant to Security Council Resolution 1973 (2011)|Charter of the United Nations (1945)|Charter of the United Nations (1945). Chapter VII|INTERNAL SECURITY|CEASEFIRES|HUMAN RIGHTS IN ARMED CONFLICTS|LIBYA|INTERNATIONAL HUMANITARIAN LAW|HUMAN RIGHTS|TRAVEL RESTRICTIONS|ARMS EMBARGO|FROZEN ASSETS|MERCENARIES|SANCTIONS
Votes in favour: 10
Votes against: 0
Abstentions: 5
Voting record:
country: BOSNIA AND HERZEGOVINA
vote: yes
country: BRAZIL
vote: abstention
country: CHINA
vote: abstention
country: COLOMBIA
vote: yes
country: FRANCE
vote: yes
country: GABON
vote: yes
country: GERMANY
vote: abstention
country: INDIA
vote: abstention
country: LEBANON
vote: yes
country: NIGERIA
vote: yes
country: PORTUGAL
vote: yes
country: RUSSIAN FEDERATION
vote: abstention
country: SOUTH AFRICA
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                     S/RES/1973 (2011)
               Security Council                                                 Distr.: General
                                                                                17 March 2011




               Resolution 1973 (2011)
               Adopted by the Security Council at its 6498th meeting, on
               17 March 2011

                    The Security Council,
                    Recalling its resolution 1970 (2011) of 26 February 2011,
                    Deploring the failure of the Libyan authorities to comply with resolution 1970
               (2011),
                    Expressing grave concern at the deteriorating situation, the escalation of
               violence, and the heavy civilian casualties,
                    Reiterating the responsibility of the Libyan authorities to protect the Libyan
               population and reaffirming that parties to armed conflicts bear the primary
               responsibility to take all feasible steps to ensure the protection of civilians,
                     Condemning the gross and systematic violation of human rights, including
               arbitrary detentions, enforced disappearances, torture and summary executions,
                    Further condemning acts of violence and intimidation committed by the
               Libyan authorities against journalists, media professionals and associated personnel
               and urging these authorities to comply with their obligations under international
               humanitarian law as outlined in resolution 1738 (2006),
                     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,
                     Recalling paragraph 26 of resolution 1970 (2011) in which the Council
               expressed its readiness to consider taking additional appropriate measures, as
               necessary, to facilitate and support the return of humanitarian agencies and make
               available humanitarian and related assistance in the Libyan Arab Jamahiriya,
                    Expressing its determination to ensure the protection of civilians and civilian
               populated areas and the rapid and unimpeded passage of humanitarian assistance
               and the safety of humanitarian personnel,
                     Recalling the condemnation by the League of Arab States, 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 have been
               and are being committed in the Libyan Arab Jamahiriya,

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                    Taking note of the final communiqué of the Organisation of the Islamic
               Conference of 8 March 2011, and the communiqué of the Peace and Security
               Council of the African Union of 10 March 2011 which established an ad hoc High
               Level Committee on Libya,
                     Taking note also of the decision of the Council of the League of Arab States of
               12 March 2011 to call for the imposition of a no-fly zone on Libyan military
               aviation, and to establish safe areas in places exposed to shelling as a precautionary
               measure that allows the protection of the Libyan people and foreign nationals
               residing in the Libyan Arab Jamahiriya,
                   Taking note further of the Secretary-General’s call on 16 March 2011 for an
               immediate cease-fire,
                     Recalling its decision to refer the situation in the Libyan Arab Jamahiriya
               since 15 February 2011 to the Prosecutor of the International Criminal Court, and
               stressing that those responsible for or complicit in attacks targeting the civilian
               population, including aerial and naval attacks, must be held to account,
                    Reiterating its concern at the plight of refugees and foreign workers forced to
               flee the violence in the Libyan Arab Jamahiriya, welcoming the response of
               neighbouring States, in particular Tunisia and Egypt, to address the needs of those
               refugees and foreign workers, and calling on the international community to support
               those efforts,
                    Deploring the continuing use of mercenaries by the Libyan authorities,
                     Considering that the establishment of a ban on all flights in the airspace of the
               Libyan Arab Jamahiriya constitutes an important element for the protection of
               civilians as well as the safety of the delivery of humanitarian assistance and a
               decisive step for the cessation of hostilities in Libya,
                    Expressing concern also for the safety of foreign nationals and their rights in
               the Libyan Arab Jamahiriya,
                     Welcoming the appointment by the Secretary General of his Special Envoy to
               Libya, Mr. Abdel-Elah Mohamed Al-Khatib and supporting his efforts to find a
               sustainable and peaceful solution to the crisis in the Libyan Arab Jamahiriya,
                     Reaffirming its strong commitment to the sovereignty, independence, territorial
               integrity and national unity of the Libyan Arab Jamahiriya,
                    Determining that the situation in the Libyan Arab Jamahiriya continues to
               constitute a threat to international peace and security,
                    Acting under Chapter VII of the Charter of the United Nations,
                     1.   Demands the immediate establishment of a cease-fire and a complete end
               to violence and all attacks against, and abuses of, civilians;
                     2.    Stresses the need to intensify efforts to find a solution to the crisis which
               responds to the legitimate demands of the Libyan people and notes the decisions of
               the Secretary-General to send his Special Envoy to Libya and of the Peace and
               Security Council of the African Union to send its ad hoc High Level Committee to
               Libya with the aim of facilitating dialogue to lead to the political reforms necessary
               to find a peaceful and sustainable solution;



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                 3.   Demands that the Libyan authorities comply with their obligations under
           international law, including international humanitarian law, human rights and
           refugee law and take all measures to protect civilians and meet their basic needs,
           and to ensure the rapid and unimpeded passage of humanitarian assistance;

           Protection of civilians
                 4.   Authorizes Member States that have notified the Secretary-General,
           acting nationally or through regional organizations or arrangements, and acting in
           cooperation with the Secretary-General, to take all necessary measures,
           notwithstanding paragraph 9 of resolution 1970 (2011), to protect civilians and
           civilian populated areas under threat of attack in the Libyan Arab Jamahiriya,
           including Benghazi, while excluding a foreign occupation force of any form on any
           part of Libyan territory, and requests the Member States concerned to inform the
           Secretary-General immediately of the measures they take pursuant to the
           authorization conferred by this paragraph which shall be immediately reported to
           the Security Council;
                 5.   Recognizes the important role of the League of Arab States in matters
           relating to the maintenance of international peace and security in the region, and
           bearing in mind Chapter VIII of the Charter of the United Nations, requests the
           Member States of the League of Arab States to cooperate with other Member States
           in the implementation of paragraph 4;

           No Fly Zone
                6.  Decides to establish a ban on all flights in the airspace of the Libyan
           Arab Jamahiriya in order to help protect civilians;
                 7.    Decides further that the ban imposed by paragraph 6 shall not apply to
           flights whose sole purpose is humanitarian, such as delivering or facilitating the
           delivery of assistance, including medical supplies, food, humanitarian workers and
           related assistance, or evacuating foreign nationals from the Libyan Arab Jamahiriya,
           nor shall it apply to flights authorised by paragraphs 4 or 8, nor other flights which
           are deemed necessary by States acting under the authorisation conferred in
           paragraph 8 to be for the benefit of the Libyan people, and that these flights shall be
           coordinated with any mechanism established under paragraph 8;
                8.    Authorizes Member States that have notified the Secretary-General and
           the Secretary-General of the League of Arab States, acting nationally or through
           regional organizations or arrangements, to take all necessary measures to enforce
           compliance with the ban on flights imposed by paragraph 6 above, as necessary, and
           requests the States concerned in cooperation with the League of Arab States to
           coordinate closely with the Secretary General on the measures they are taking to
           implement this ban, including by establishing an appropriate mechanism for
           implementing the provisions of paragraphs 6 and 7 above,
                 9.   Calls upon all Member States, acting nationally or through regional
           organizations or arrangements, to provide assistance, including any necessary overflight approvals, for the purposes of implementing paragraphs 4, 6, 7 and 8 above;
                10. Requests the Member States concerned to coordinate closely with each
           other and the Secretary-General on the measures they are taking to implement



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               paragraphs 4, 6, 7 and 8 above, including practical measures for the monitoring and
               approval of authorised humanitarian or evacuation flights;
                    11. Decides that the Member States concerned shall inform the Secretary-General and the Secretary-General of the League of Arab States immediately of
               measures taken in exercise of the authority conferred by paragraph 8 above,
               including to supply a concept of operations;
                     12. Requests the Secretary-General to inform the Council immediately of any
               actions taken by the Member States concerned in exercise of the authority conferred
               by paragraph 8 above and to report to the Council within 7 days and every month
               thereafter on the implementation of this resolution, including information on any
               violations of the flight ban imposed by paragraph 6 above;

               Enforcement of the arms embargo
                     13. Decides that paragraph 11 of resolution 1970 (2011) shall be replaced by
               the following paragraph : “Calls upon all Member States, in particular States of the
               region, acting nationally or through regional organisations or arrangements, in order
               to ensure strict implementation of the arms embargo established by paragraphs 9 and
               10 of resolution 1970 (2011), to inspect in their territory, including seaports and
               airports, and on the high seas, vessels and aircraft bound to or from the Libyan Arab
               Jamahiriya, if the State concerned has information that provides reasonable grounds
               to believe that the cargo contains items the supply, sale, transfer or export of which
               is prohibited by paragraphs 9 or 10 of resolution 1970 (2011) as modified by this
               resolution, including the provision of armed mercenary personnel, calls upon all
               flag States of such vessels and aircraft to cooperate with such inspections and
               authorises Member States to use all measures commensurate to the specific
               circumstances to carry out such inspections”;
                     14. Requests Member States which are taking action under paragraph 13
               above on the high seas to coordinate closely with each other and the Secretary-General and further requests the States concerned to inform the Secretary-General
               and the Committee established pursuant to paragraph 24 of resolution 1970 (2011)
               (“the Committee”) immediately of measures taken in the exercise of the authority
               conferred by paragraph 13 above;
                    15. Requires any Member State whether acting nationally or through regional
               organisations or arrangements, when it undertakes an inspection pursuant to
               paragraph 13 above, to submit promptly an initial written report to the Committee
               containing, in particular, explanation of the grounds for the inspection, the results of
               such inspection, 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;
                    16. Deplores the continuing flows of mercenaries into the Libyan Arab
               Jamahiriya and calls upon all Member States to comply strictly with their
               obligations under paragraph 9 of resolution 1970 (2011) to prevent the provision of
               armed mercenary personnel to the Libyan Arab Jamahiriya;




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           Ban on flights
                 17. Decides that all States shall deny permission to any aircraft registered in
           the Libyan Arab Jamahiriya or owned or operated by Libyan nationals or companies
           to take off from, land in or overfly their territory unless the particular flight has
           been approved in advance by the Committee, or in the case of an emergency
           landing;
                 18. Decides that all States shall deny permission to any aircraft to take off
           from, land in or overfly their territory, if they have information that provides
           reasonable grounds to believe that the aircraft contains items the supply, sale,
           transfer, or export of which is prohibited by paragraphs 9 and 10 of resolution 1970
           (2011) as modified by this resolution, including the provision of armed mercenary
           personnel, except in the case of an emergency landing;

           Asset freeze
                 19. Decides that the asset freeze imposed by paragraph 17, 19, 20 and 21 of
           resolution 1970 (2011) shall apply to all funds, other financial assets and economic
           resources which are on their territories, which are owned or controlled, directly or
           indirectly, by the Libyan authorities, as designated by the Committee, or by
           individuals or entities acting on their behalf or at their direction, or by entities
           owned or controlled by them, as designated by the Committee, and decides further
           that all 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 Libyan authorities, as
           designated by the Committee, or individuals or entities acting on their behalf or at
           their direction, or entities owned or controlled by them, as designated by the
           Committee, and directs the Committee to designate such Libyan authorities,
           individuals or entities within 30 days of the date of the adoption of this resolution
           and as appropriate thereafter;
                20. Affirms its determination to ensure that assets frozen pursuant to
           paragraph 17 of resolution 1970 (2011) shall, at a later stage, as soon as possible be
           made available to and for the benefit of the people of the Libyan Arab Jamahiriya;
                 21. Decides that all States shall require their nationals, persons subject to
           their jurisdiction and firms incorporated in their territory or subject to their
           jurisdiction to exercise vigilance when doing business with entities incorporated in
           the Libyan Arab Jamahiriya or subject to its jurisdiction, and any individuals or
           entities acting on their behalf or at their direction, and entities owned or controlled
           by them, if the States have information that provides reasonable grounds to believe
           that such business could contribute to violence and use of force against civilians;

           Designations
                 22. Decides that the individuals listed in Annex I shall be subject to the
           travel restrictions imposed in paragraphs 15 and 16 of resolution 1970 (2011), and
           decides further that the individuals and entities listed in Annex II shall be subject to
           the asset freeze imposed in paragraphs 17, 19, 20 and 21 of resolution 1970 (2011);
                23. Decides that the measures specified in paragraphs 15, 16, 17, 19, 20 and
           21 of resolution 1970 (2011) shall apply also to individuals and entities determined
           by the Council or the Committee to have violated the provisions of resolution 1970


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               (2011), particularly paragraphs 9 and 10 thereof, or to have assisted others in doing
               so;
               Panel of Experts
                    24. Requests the Secretary-General to create for an initial period of one year,
               in consultation with the Committee, a group of up to eight experts (“Panel of
               Experts”), under the direction of the Committee to carry out the following tasks:
                    (a) Assist the Committee in carrying out its mandate as specified in
               paragraph 24 of resolution 1970 (2011) and this resolution;
                     (b) Gather, examine and analyse information from States, relevant United
               Nations bodies, regional organisations and other interested parties regarding the
               implementation of the measures decided in resolution 1970 (2011) and this
               resolution, in particular incidents of non-compliance;
                     (c) Make recommendations on actions the Council, or the Committee or
               State, may consider to improve implementation of the relevant measures;
                     (d) Provide to the Council an interim report on its work no later than 90 days
               after the Panel’s appointment, and a final report to the Council no later than 30 days
               prior to the termination of its mandate with its findings and recommendations;
                     25. Urges all States, relevant United Nations bodies and other interested
               parties, to cooperate fully with the Committee and the Panel of Experts, in particular
               by supplying any information at their disposal on the implementation of the
               measures decided in resolution 1970 (2011) and this resolution, in particular
               incidents of non-compliance;
                     26. Decides that the mandate of the Committee as set out in paragraph 24 of
               resolution 1970 (2011) shall also apply to the measures decided in this resolution;
                     27. Decides that all States, including the Libyan Arab Jamahiriya, shall take
               the necessary measures to ensure that no claim shall lie at the instance of the Libyan
               authorities, or of any person or body in the Libyan Arab Jamahiriya, or of any
               person claiming through or for the benefit of any such person or body, in connection
               with any contract or other transaction where its performance was affected by reason
               of the measures taken by the Security Council in resolution 1970 (2011), this
               resolution and related resolutions;
                    28. Reaffirms its intention to keep the actions of the Libyan authorities under
               continuous review and underlines its readiness to review at any time the measures
               imposed by this resolution and resolution 1970 (2011), including by strengthening,
               suspending or lifting those measures, as appropriate, based on compliance by the
               Libyan authorities with this resolution and resolution 1970 (2011).
                    29.   Decides to remain actively seized of the matter.




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Libya: UNSCR proposed designations

Number Name                            Justification                         Identifiers


Annex I: Travel Ban

1          QUREN SALIH QUREN           Libyan Ambassador to Chad. Has
           AL QADHAFI                  left Chad for Sabha. Involved
                                       directly in recruiting and
                                       coordinating mercenaries for the
                                       regime.
2          Colonel AMID HUSAIN         Governor of Ghat (South Libya).
           AL KUNI                     Directly involved in recruiting
                                       mercenaries.


Number      Name                         Justification                       Identifiers


Annex II: Asset Freeze
1           Dorda, Abu Zayd Umar         Position: Director, External
                                         Security Organisation
2           Jabir, Major General Abu     Position: Defence Minister          Title: Major General DOB: --/--/1952.
            Bakr Yunis                                                       POB: Jalo, Libya
3           Matuq, Matuq                 Position: Secretary for Utilities   DOB: --/--/1956. POB: Khoms
            Mohammed
4           Qadhafi, Mohammed            Son of Muammar Qadhafi.             DOB: --/--/1970. POB: Tripoli, Libya
            Muammar                      Closeness of association with
                                         regime
5           Qadhafi, Saadi               Commander Special Forces. Son       DOB: 25/05/1973. POB: Tripoli, Libya
                                         of Muammar Qadhafi. Closeness
                                         of association with regime.
                                         Command of military units
                                         involved in repression of
                                         demonstrations
6           Qadhafi, Saif al-Arab        Son of Muammar Qadhafi.             DOB: --/--/1982. POB: Tripoli, Libya
                                         Closeness of association with
                                         regime
7           Al-Senussi, Colonel          Position: Director Military         Title: Colonel DOB: --/--/1949.
            Abdullah                     Intelligence                        POB: Sudan
Entities

1           Central Bank of Libya        Under control of Muammar
                                         Qadhafi and his family, and
                                         potential source of funding for
                                         his regime.



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Number   Name                   Justification                     Identifiers


2        Libyan Investment      Under control of Muammar          a.k.a: Libyan Arab Foreign Investment
         Authority              Qadhafi and his family, and       Company (LAFICO) Address: 1 Fateh
                                potential source of funding for   Tower Office, No 99 22nd Floor,
                                his regime.                       Borgaida Street, Tripoli, Libya, 1103
3        Libyan Foreign Bank    Under control of Muammar
                                Qadhafi and his family and a
                                potential source of funding for
                                his regime.
4        Libyan Africa          Under control of Muammar          Address: Jamahiriya Street, LAP
         Investment Portfolio   Qadhafi and his family, and       Building, PO Box 91330, Tripoli, Libya
                                potential source of funding for
                                his regime.
5        Libyan National Oil    Under control of Muammar          Address: Bashir Saadwi Street, Tripoli,
         Corporation            Qadhafi and his family, and       Tarabulus, Libya
                                potential source of funding for
                                his regime.




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