Libya (ICC Report): Statement During Briefing

Thank you Mr. President

I thank the ICC Prosecutor, Ms. Fatou Bensouda, for her report and briefing.

Mr. President, we have witnessed the commendable determination of the Libyan people to restore their nation from the ruins of conflict.

We look forward to their further progress building on the ceasefire agreement, elections and swearing in of the Government of National Unity, and the continued dialogue.

Kenya supports a Libyan-led and owned process to entrench peace, security, and law and order. A critical element of success is delivering accountability on the basis of the rule of law, which can be a basis for renewed trust in government.

It is also important that fair treatment be given to the many Africans who have sought to migrate to Europe through Libya. All concerned national and UN institutions should immediately secure their safety and offer them humane treatment as a key deliverable of a Libya on the path to sustained success.

Mr. President,

Kenya also calls for a surge in national reconciliation as a set of inclusive processes. This is the foundation of a Libyan-led and owned peace process that leads to a secure Libya governed by a trusted and effective government.

This will call for the activation of social and political reconciliation dialogues from the grassroots to the highest political levels. In this regard, we welcome the establishment of the National Reconciliation Commission.

Reconciliation and legal accountability must be delivered in a fashion that is sensitive to the implications of peace and security. That is why the role of national judicial and prosecutorial are so important since they understand the deeper context and impact of their efforts.

For this reason, there must be a strict observation of the principle of complementarity in regard to regional and international judicial instruments, including the International Criminal Court.

When complementarity is breached in any way, or its sequence is upset, the result can easily run counter to the Libyan-led and owned processes that this Council supports.

We will continue to encourage Libya to investigate and prosecute suspected grave crimes committed within its territory.

Finally, Mr. President, Kenya calls for all foreign fighters and mercenaries to leave Libya. However, even as they do this, there must be a concerted, resourced and skilled initiative to disarm, demobilise and reintegrate the fighters who may exit into other countries in Africa. The capabilities required should be delivered to Libya and concerned countries, and that should include the skills, frameworks and policy development to support DDR.

We also call for the ceasefire agreement to be fully implemented, and the arms embargo be respected.

I thank you