Statement by Deputy Permanent Representative Maria Zabolotskaya at a UNSC Briefing on the ICC Prosecutor’s report regarding the Investigation in Libya
Madam. President,
Over a number of years, there has been a steady downward trend reflecting the ICC gradually losing its credibility in the eyes of the international community, which has grown weary of double standards, imitation of activity, and politically motivated justice.
On November 11, the General Assembly considered a draft annual resolution on the ICC report. The voting results demonstrated very clearly the real attitude of states toward the activities of this politicized structure.
Over the past year alone, the number of delegations voting “in favor” decreased by 20. In general, this pseudo-court is supported by less than half of the UN member states. It is noteworthy that the most stringent champions of the ICC are the EU countries and their like-minded allies, who each and every time avoid subjecting their own citizens to the jurisdiction of the ICC. What is also remarkable here is that, among the States parties to the ICC Statute itself, a quarter did not vote in support of the Court. The results of the GA vote perfectly illustrate that the ICC's claims to some kind of universality are absolutely groundless. In fact, this scandal- and corruption-ridden body has no backing even among its own participants.
In addition, over the past year, four states have announced their withdrawal from the Rome Statute. And all of them did it for similar reasons, namely due to politicization, neocolonial practices, rewriting international law to suit one’s parochial interests, and the loss by Court of any touch with genuine justice. Thus, we are not speaking of isolated incidents, but rather of systemic, deep disillusionment and disappointment on the part of those who in the past supported the creation of the Court in the hope to get a fair and effective mechanism. The mass exodus of states from this body indicates that the ICC is losing trust, support, and legitimacy.
Let us get back to the situation in Libya. We have carefully studied the 30th “anniversary” report of the ICC Prosecutor's Office on the progress of the investigation into the situation in Libya. There is absolutely nothing to celebrate here. What we have before us is yet another superficial pro forma “report,” which serves as the best confirmation that the crisis within and around the ICC is systemic in nature. Time and again, we hear hackneyed statements about prioritizing something or overcoming new challenges. These are all empty words and tokenism. In this regard, we would like to recall that it has been over fourteen years since the Security Council referred the Libyan file to the ICC. During that time, the pseudo-court has been unable to demonstrate any real results in terms of the administration of justice. Its contribution to promoting stability and establishing lasting peace can hardly be qualified as anything other than negative. The ICC's activities vis-à-vis the tasks assigned to it by Security Council resolution 1970 (2011) have long been at an impasse. At the same time, instead of conscientiously carrying out the Council's instructions or acknowledging its inability to make a positive contribution to the investigation of the situation, the ICC itself chose a more convenient path – it began to set tasks for itself and determine the direction of the investigation, while presenting this dubious approach as some kind of progress. In particular, the ICC took up the investigation of current events in Libya long before the recent declaration by the Libyan authorities, despite the fact that it had no mandate in this regard. This made it possible for the “court” to rubber-stamp new warrants, covering up the lack of real results in the investigation of the 2011 events, which was originally entrusted to it by the Security Council.
At the same time, we hear several delegations claim today that Resolution 1970 imposes a certain obligation to cooperate on States that are not parties to the Rome Statute. We would like to clarify this situation. Paragraph 5 of the operative part of the resolution clearly states that non-participants in the Rome Statute carry no obligations thereunder, and with regard to cooperation, it contains only an appeal to cooperate, which does not entail any legal obligations.
We would like to remind you that the horrors of the protracted civil war, which the peaceful population of Libya has endured for years, are a direct consequence of NATO's aggression against that country in 2011. The destruction of Libya's statehood and economy sowed chaos, creating a breeding ground for terrorists, extremists, and criminals who spread instability throughout the African continent. As we well remember, the ICC chose to turn a blind eye to the root causes of the tragedy, it saw no war crimes committed by NATO. In its interpretation, the responsibility is conveniently being shifted onto the Libyans themselves. We have consistently pointed out the politicization and double standards of the ICC. And today's report once again confirms that we are right.
Thus, relatively recently, the pseudo-court decided to investigate crimes against migrants. But here too, it is once again demonstrating its selective approach: references are being made only to isolated instances of crime, and there is still not a single mention of the role played by European states, whose policies and practices have caused the inhumane treatment and death of people seeking refuge, not to mention the role of these states and their complicity in the armed invasion of Libya, which became the root cause of the migration crisis. Thus, as usual, the ICC has been diligently sweeping under the rug the actions of its Western masters and their allies.
Selectivity and shielding of “their folks” are distinctive features of the work of this body. And what is especially telling is the situation with Italy – Italy is a signatory to the Rome Statute of the ICC, but it did not execute its arrest warrant earlier this year. What were the consequences? The pseudo-court only stated the violation and postponed the consideration of the issue. When “their folks” violate the rules, the ICC turns a blind eye. Had any non-Western country been in Italy's place, the issue would have been immediately referred to the Assembly of States Parties.
Madam President,
We have repeatedly emphasized that a path to sustainable settlement in Libya lies exclusively through supporting national institutions. But here too, the ICC acts as an obstacle to normalization. By ignoring the statutory principle of complementarity, the ICC’s interference systematically undermines Libyans' attempts to establish their own justice mechanisms. The pseudo-court continues to impose models from outside, ignoring the root causes of the problems and the regional context.
Libya does not need new experiments by external players; the Libyan people have every right to independently determine their own future. The duty of the international community is not to substitute Libya's sovereign will, but to help strengthen national institutions, facilitate the restoration of security, and support the political process.
As for the ICC activities, they have long since turned into an obstacle that must be removed. In this regard, we once again call for the withdrawal of the Libyan and Darfur files from the ICC.
Thank you.
