Libya (S/PV. 7173)​

Security Council’s 7173rd meeting dated 13 May 2014 (S/PV. 7173)​focused on the situation in Libya.

During this Security Council debate on the situation in Libya, S/PV.7173 (13 May 2014), the ICC Prosecutor Ms. Fatou Bensouda briefed the

Council on Libya and Security Council Member States and Libya responded by delivering remarks. Noting the recent third anniversary since

the Libyan revolution, the Prosecutor’s statement focused upon the serious security challenges and the deep political crisis within the

country. She also (again) acknowledged reports of torture and mistreatment in detention centers; tensions around the Tawergha minority

issue; the regrettably slow progress in the Al-Senussi case; and the lack of surrender of Saif Al-Islam Al-Qadhafi despite the ICC’s order for his

arraignment.

Two Council Member States referenced women, peace and security concerns in this debate. The Russian Federation pointed to the Council’s

recent resolution on the situation in Libya, SCR 2144 (2014), which expressed its serious concern at the lack of an appropriate judicial

process in conflict-related cases and reports of human rights violations in detention centers, including torture and sexual and gender-based

violence. Chile similarly acknowledged that, according to the Prosecutor, to date there have been no reported prosecutions of the alleged

perpetrators of the crimes of torture and abuse, including sexual and gender-based violence, that continues to occur in detention centers.

This briefing missed the opportunity to highlight the women, peace and security agenda beyond a limited focus on sexual and gender-based

violence. The Prosecutor and all Member States effectively addressed the rule of law reform in Libya, but none brought a gender perspective

to the critical elements of that reform. Further, although two Member States touched upon sexual and gender-based violence, such attention

was quite limited considering the magnitude and severity of the problem.

The most recent MAP on the situation in Libya (March 2014) was not specific to the ICC, and so did not directly parallel this briefing by the

Prosecutor. However, the March 2014 MAP did call for accountability for serious and ongoing crimes, as well as for the protection of women

and girls generally, and for detainees specifically, including from sexual and gender-based violence. In response, the Russian Federation and

Chile did touch upon these recommendations, but in rather limited ways. Neither the Prosecutor nor any other Member State addressed

women, peace and security.

The previous briefing by the ICC Prosecutor on Libya, S/PV.7059, had more references to women peace and security concerns, with the

Prosecutor and the representatives of France and the USA welcoming the draft law that would make rape during armed conflict a war crime

in Libya, with Guatemala and the UK acknowledging investigations into gender crimes and calling for accountability. The current debate only

had two references, and both recognized the lack of progress in judicial response to sexual and gender-based violence.