Madam President,
I would like to thank Deputy Prosecutor Khan for her briefing and we welcome her participation in person at this meeting. I also welcome the presence of the Permanent Representative of Libya.
Madam President,
1. To evoke the International Criminal Court’s action in Libya is first and foremost to recall certain facts that no one can overlook.
The first fact is that the ICC acts pursuant to a resolution adopted under Chapter VII and unanimously by the members of this Council. This resolution 1970 (2011) places an obligation on all States, whether or not they are parties to the Rome Statute, to cooperate with the Court in this situation. Even more than that, it places an obligation not to obstruct in any way the action of the Court or the action of the Office of the Prosecutor in the fulfillment of this mandate.
The second fact is that Libya itself, without being a party to the Rome Statute, has made the sovereign decision to give jurisdiction to the Court, by a declaration issued on May 12, 2025, under Article 12(3) of the Rome Statute. This is a sign of the Libyan authorities’ confidence towards the ICC and an indication that the Court acts in accordance with the principle of complementarity.
Madam President,
2. Bringing up the work of ICC in Libya, it is important to note that it produces results.
One of the notable advances during the reporting period is the arrest and imminent surrender to the Court of Khaled Mohamed Ali EL HISHRI, who was apprehended in Germany on the basis of an arrest warrant issued by the Pre-Trial Chamber for war crimes and crimes against humanity. This is the second public arrest warrant issued by the Pre-Trial Chamber in connection with the investigation into alleged crimes at Mitiga prison.
We also note that, in the context of the expanded cooperation offered by the Libyan Government, the Office of the Prosecutor has intensified its activities over the past six months, with no fewer than 25 missions to six States and the collection of more than 1,500 pieces of evidence, including video and audio recordings, scientific and technical evidence, and satellite imagery.
We also welcome the continued engagement with Libyan civil society organizations, through 150 meetings held with more than 50 organizations, including an important meeting which was held in the presence of Deputy Prosecutor Khan on October 8. In France’s view, this is essential work, not only for the purposes of the investigations, but also in order to ensure that victims are heard and, in case of a conviction, their dignity and rights restored.
We also encourage the Libyan authorities to cooperate fully with the ICC, particularly on the issue of arrest warrants.
Madam President,
3. Bringing up the action of ICC action in Libya is finally to recognize that it is part of a broader United Nations effort to relaunch the political process.
This is at the heart of the mandate of the United Nations Support Mission in Libya, which was recently renewed for another year. In this regard, we support the roadmap announced by the Special Representative Hanna Tetteh and call for its full implementation. This is essential in order to move towards the formation of a new unified government that will lead the country towards free, transparent, and inclusive presidential and legislative elections throughout Libya. The enthusiasm generated by the recent municipal elections demonstrates the aspiration of the Libyan people to decide their own future.
The quest for justice and the rejection of impunity are also aspirations of the Libyan people. And that is what the ICC contributes to.
Madam President,
The Court can count on France’s continued support for its independent and impartial work. In this regard, we reiterate our call for the lifting of sanctions against the Court, its judges, its prosecutors, and those who cooperate with it.
Thank you.