Libya (ICC Report): Statement During Briefing

Thank you Mr. President.

Thank you Mr. Karim Khan, for your report and briefing.

Welcome to the Council and congratulations for your election as Prosecutor of the International Criminal Court. I wish you success in your tenure.

My delegation welcomes the participation of the Permanent Representative of Libya in this meeting.

Mr. President, the Libyan people have endured great suffering in the last decade. Both from domestic conflicts and from the interventions by multiple external actors. In this period, all the shortcomings of the International Community's tools for the resolution of humanitarian, security and political crises have been visible.

Even as the situation in Libya stabilises, we cannot but help recall the travails afflicting the Sahel as a result of the actions taken a decade ago. Protection of civilians and territorial integrity for many states in the region have come under threat due to the externalisation of the situation in Libya.

Mr. President, given that grim history, I am glad to note the tangible progress as Libyans once again lead in seeking peace and security.

Libyans are looking to go into a much-awaited election exactly a month from now. In the exercise of their right to select their leaders and determine how they want to be governed, Libyans will be manifesting their desire for strong national institutions and a national system that grants its people the confidence of peace and prosperity.

Several recent events and government efforts including the Libya Stabilisation Conference held in Tripoli on 21st October speak to this determination.

Accountability and the delivery of justice are critical elements in the enjoyment of peace and stability. They are also key markers for the trust a people have in their government.

The effectiveness of national judicial and prosecutorial institutions is critical to the exercise of sovereignty which is the fundamental basis for membership of the United Nations from which the ICC's present engagement with Libya is drawn.

As such, Kenya calls for the strict adherence to the principle of complementarity in regard to regional and international judicial instruments, including the International Criminal Court.

Sustained peace requires legal accountability, particularly for heinous crimes perpetrated as a continuation of political conflict. It also requires a sequencing of this accountability with the workings of a political process that resolves the conflict and advances reconciliation.

Focusing solely on legal accountability without due regard to political reconciliation can endanger the very peace being sought. Kenya therefore strongly supports Libya's national reconciliation process and encourages its continued implementation under the National Reconciliation Commission. Reconciliation is a long-term business requiring goodwill and support from neighbours and friends. It is why Kenya encourages the engagement of the African Union in the process.

Mr. President, The Prosecutor's report has highlighted the plight of migrants in Libya. This problem must be tackled from a broader spectrum that just in Libya. If serious efforts are not undertaken to respond to the push factors behind their migration, they will continue to undertake this perilous journey, enduring the indignity and injustice we continue to see being perpetrated. We call on all involved, and those aiding it, to desist from interception at sea and return of migrants to Libyan ports.

We also urge that all the relevant national and international authorities involved, ensure that the safety of migrants and refugees is secured and that they are humanely treated.

Finally, Kenya continues to call for respect of Libya's territorial integrity and sovereignty including through the departure of foreign fighters and mercenaries from Libya, and desisting from foreign interference.

Thank you for your attention.