Libya War Crimes Indictment Vs US NATO Leaders

UN 1973 was manipulated to violently overthrow the Government of Libya.

United Nations S/RES/1973 (2011)

Security Council Distr.: General 17 March2011

Resolution 1973 (2011)

Adopted by theSecurity Council at its6498th meeting, on 17March 2011

The Security Council,

Recalling its resolution 1970 (2011) of 26 February 2011,

Deploring the failure of the Libyan authorities to complywith resolution 1970 (2011),

Expressing grave concern at the deteriorating situation,the escalation of violence, and the heavy civilian casualties,

At this point we could account for 100 to 300 civilians killed in civil unrest.

Reiterating the responsibility of the Libyan authoritiesto protect the Libyan population and reaffirming thatparties to armed conflicts bear the primary responsibility totake all feasible steps to ensure the protection of civilians,

Condemning the gross and systematic violation ofhuman rights, including arbitrary detentions, enforceddisappearances, torture and summary executions,

Further condemning acts of violence and intimidationcommitted by the Libyan authorities against journalists, mediaprofessionals and associated personnel and urging theseauthorities to comply with their obligations underinternational humanitarian law as outlined in resolution 1738(2006),

Considering that the widespread and systematic attackscurrently taking place in the Libyan Arab Jamahiriya againstthe civilian population may amount to crimes againsthumanity,

Recalling paragraph 26 of resolution 1970 (2011) inwhich the Council expressed its readiness to consider takingadditional appropriate measures, as necessary, to facilitateand support the return of humanitarian agencies and makeavailable humanitarian and related assistance in the LibyanArab Jamahiriya,

Expressing its determination to ensure the protection ofcivilians and civilian populated areas and the rapid andunimpeded passage of humanitarian assistance and the safetyof humanitarian personnel,

Recalling the condemnation by the League of ArabStates, the African Union, and the Secretary General of theOrganization of the Islamic Conference of the seriousviolations of human rights and international humanitarian lawthat have been and are being committed in the Libyan ArabJamahiriya,

11-26839 (E)


Taking note of the final communiqué of the Organisationof the Islamic Conference of 8 March 2011, and thecommuniqué of the Peace and Security Council of the AfricanUnion of 10 March 2011 which established an ad hoc HighLevel Committee on Libya,

Taking note also of the decision of the Council of the League of ArabStates of

12 March 2011 to call for the imposition of a no-fly zoneon Libyan military aviation, and to establish safe areas inplaces exposed to shelling as a precautionary measure thatallows the protection of the Libyan people and foreignnationals residing in the Libyan Arab Jamahiriya,

Taking note further of the Secretary-General’s call on 16March 2011 for an immediate cease-fire,

Recalling its decision to refer the situation in the Libyan ArabJamahiriya since 15 February 2011 to the Prosecutor of the InternationalCriminal Court, and stressing that those responsible for or complicit inattacks targeting the civilian population, including aerial and naval attacks,must be held to account,

Reiterating its concern at the plight of refugees and foreign workersforced to flee the violence in the Libyan Arab Jamahiriya, welcoming theresponse of neighbouring States, in particular Tunisia and Egypt, to addressthe needs of those refugees and foreign workers, and calling on theinternational community to support those efforts,

Deploring the continuing use of mercenaries by the Libyan authorities,

Considering that the establishment of a ban on all flights in the airspaceof the Libyan Arab Jamahiriya constitutes an important element for theprotection of civilians as well as the safety of the delivery of humanitarianassistance and a decisive step for the cessation of hostilities in Libya,

Expressing concern also for the safety of foreign nationals and theirrights in the Libyan Arab Jamahiriya,

Welcoming the appointment by the Secretary General of his SpecialEnvoy to Libya, Mr. Abdel-Elah Mohamed Al-Khatib and supporting hisefforts to find a sustainable and peaceful solution to the crisis in the LibyanArab Jamahiriya,

This effort was sidelined by the military activities -

Reaffirming its strong commitment to the sovereignty, independence,territorial integrity and national unity of the Libyan Arab Jamahiriya,

Determining that the situation in the Libyan Arab Jamahiriyacontinues to constitute a threat to international peace and security,

Acting under Chapter VII of the Charter of the United Nations,

1. Demands the immediate establishment of a cease-fire and a complete end to violence and all attacks against, and abuses of, civilians;

This rule was used to ruthlessly exterminate the armed forces – as they are not protected!

2. Stresses the need to intensify efforts to find a solution to the crisiswhich responds to the legitimate demands of the Libyan people and notes thedecisions of the Secretary-General to send his Special Envoy to Libya andof the Peace and Security Council of the African Union to send its ad hocHigh Level Committee to Libya with the aim of facilitating dialogue to lead to the political reforms necessary to find a peaceful andsustainable solution;

This rule was ignored.

3. Demands that the Libyan authorities comply withtheir obligations under international law, includinginternational humanitarian law, human rights and refugeelaw and take all measures to protect civilians and meet theirbasic needs, and to ensure the rapid and unimpeded passage ofhumanitarian assistance;

Protection of civilians

4. Authorizes Member States that have notified the Secretary-General, acting nationally or through regional organizations orarrangements, and acting in cooperation with the Secretary-General, totake all necessary measures, notwithstanding paragraph 9 ofresolution 1970 (2011), to protect civilians and civilian populatedareas under threat of attack in the Libyan Arab Jamahiriya,including Benghazi, while excluding a foreign occupation force ofany form on any part of Libyan territory, and requests the MemberStates concerned to inform the Secretary-General immediately of themeasures they take pursuant to the authorization conferred by thisparagraph which shall be immediately reported to the Security Council;

Special Forces were used in violation of this section.

5. Recognizes the important role of the League of Arab States inmatters relating to the maintenance of international peace and security inthe region, and bearing in mind Chapter VIII of the Charter of the UnitedNations, requests the Member States of the League of Arab States tocooperate with other Member States in the implementation of paragraph 4;

No Fly Zone

6. Decides to establish a ban on all flights in the airspace ofthe Libyan Arab Jamahiriya in order to help protect civilians;

Violated: Rebels flown around Libya by NATO – specifically linking the berber and the jihaadi’s.

7. Decides further that the ban imposed by paragraph 6 shall notapply to flights whose sole purpose is humanitarian, such as delivering orfacilitating the delivery of assistance, including medical supplies, food,humanitarian workers and related assistance, or evacuating foreign nationalsfrom the Libyan Arab Jamahiriya, nor shall it apply to flights authorised byparagraphs 4 or 8, nor other flights which are deemed necessary by Statesacting under the authorisation conferred in paragraph 8 to be for the benefitof the Libyan people, and that these flights shall be coordinated with anymechanism established under paragraph 8;

8. Authorizes Member States that have notified the Secretary-General and the Secretary-General of the League of Arab States, actingnationally or through regional organizations or arrangements, to take allnecessary measures to enforce compliance with the ban on flights imposed byparagraph 6 above, as necessary, and requests the States concerned incooperation with the League of Arab States to coordinate closely with theSecretary General on the measures they are taking to implement this ban,including by establishing an appropriate mechanism for implementing theprovisions of paragraphs 6 and 7 above,

9. Calls upon all Member States, acting nationally or through regionalorganizations or arrangements, to provide assistance, including any necessaryover- flight approvals, for the purposes of implementing paragraphs 4, 6, 7 and8 above;

10. Requests the Member States concerned to coordinate closely witheach other and the Secretary-General on the measures they are taking toimplement

paragraphs 4, 6, 7 and 8 above, including practical measuresfor the monitoring and approval of authorised humanitarian orevacuation flights;

11. Decides that the Member States concerned shall inform theSecretary- General and the Secretary-General of the League of Arab Statesimmediately of measures taken in exercise of the authority conferred byparagraph 8 above, including to supply a concept of operations;

12. Requests the Secretary-General to inform the Council immediatelyof any actions taken by the Member States concerned in exercise of theauthority conferred by paragraph 8 above and to report to the Council within7 days and every month thereafter on the implementation of this resolution,including information on any violations of the flight ban imposed byparagraph 6 above;

Enforcement of the arms embargo

13. Decides that paragraph 11 of resolution 1970 (2011) shall bereplaced by the following paragraph : “Calls upon all Member States, inparticular States of the region, acting nationally or through regionalorganisations or arrangements, in order to ensure strict implementation of thearms embargo established by paragraphs 9 and 10 of resolution 1970 (2011),to inspect in their territory, including seaports and airports, and on the high seas, vessels and aircraft bound to or from the Libyan Arab Jamahiriya, if theState concerned has information that provides reasonable grounds to believethat the cargo contains items the supply, sale, transfer or export of which isprohibited by paragraphs 9 or 10 of resolution 1970 (2011) as modified bythis resolution, including the provision of armed mercenary personnel, callsupon all flag States of such vessels and aircraft to cooperate with suchinspections and authorises Member States to use all measurescommensurate to the specific circumstances to carry out such inspections”;

Weapons were brought into and out of Libya by NATO countries to arm the rebels. See the incredible NYT article

14. Requests Member States which are taking action underparagraph 13 above on the high seas to coordinate closely with each otherand the Secretary- General and further requests the States concerned toinform the Secretary-General and the Committee established pursuant toparagraph 24 of resolution 1970 (2011) (“the Committee”) immediately ofmeasures taken in the exercise of the authority conferred by paragraph 13above;

15. Requires any Member State whether acting nationally or throughregional organisations or arrangements, when it undertakes an inspectionpursuant to paragraph 13 above, to submit promptly an initial written reportto the Committee containing, in particular, explanation of the grounds for theinspection, the results of such inspection, and whether or not cooperationwas provided, and, if prohibited items for transfer are found, furtherrequires such Member States to submit to the Committee, at a later stage, asubsequent written report containing relevant details on the inspection,seizure, and disposal, and relevant details of the transfer, including adescription of the items, their origin and intended destination, if this information is not in the initial report;

16. Deplores the continuing flows of mercenaries into the Libyan ArabJamahiriya and calls upon all Member States to comply strictly with theirobligations under paragraph 9 of resolution 1970 (2011) to prevent theprovision of armed mercenary personnel to the Libyan Arab Jamahiriya;

Ban on flights

17. Decides that all States shall deny permission to any aircraftregistered in the Libyan Arab Jamahiriya or owned or operated by Libyannationals or companies to take off from, land in or overfly their territoryunless the particular flight has been approved in advance by the Committee,or in the case of an emergency landing;

18. Decides that all States shall deny permission to any aircraft totake off from, land in or overfly their territory, if they have information that provides reasonable grounds to believe that the aircraft contains items thesupply, sale, transfer, or export of which is prohibited by paragraphs 9 and 10of resolution 1970 (2011) as modified by this resolution, including theprovision of armed mercenary personnel, except in the case of an emergencylanding;

Asset freeze

19. Decides that the asset freeze imposed by paragraph 17, 19, 20 and21 of resolution 1970 (2011) shall apply to all funds, other financial assets andeconomic resources which are on their territories, which are owned orcontrolled, directly or indirectly, by the Libyan authorities, as designated bythe Committee, or by individuals or entities acting on their behalf or attheir direction, or by entities owned or controlled by them, as designated bythe Committee, and decides further that all States shall ensure that any funds, financial assets or economic resources are prevented from being madeavailable by their nationals or by any individuals or entities within theirterritories, to or for the benefit of the Libyan authorities, as designated bythe Committee, or individuals or entities acting on their behalf or at theirdirection, or entities owned or controlled by them, as designated by theCommittee, and directs the Committee to designate such Libyan authorities,individuals or entities within 30 days of the date of the adoption of thisresolution and as appropriate thereafter;

20. Affirms its determination to ensure that assets frozen pursuantto paragraph 17 of resolution 1970 (2011) shall, at a later stage, as soon aspossible be made available to and for the benefit of the people of the LibyanArab Jamahiriya;

21. Decides that all States shall require their nationals, personssubject to their jurisdiction and firms incorporated in their territory orsubject to their jurisdiction to exercise vigilance when doing business withentities incorporated in the Libyan Arab Jamahiriya or subject to itsjurisdiction, and any individuals or entities acting on their behalf or at theirdirection, and entities owned or controlled by them, if the States haveinformation that provides reasonable grounds to believe that such businesscould contribute to violence and use of force against civilians;


22. Decides that the individuals listed in Annex I shall be subjectto the travel restrictions imposed in paragraphs 15 and 16 of resolution 1970(2011), and decides further that the individuals and entities listed in Annex IIshall be subject to the asset freeze imposed in paragraphs 17, 19, 20 and 21 ofresolution 1970 (2011);

23. Decides that the measures specified in paragraphs 15, 16, 17, 19, 20and 21 of resolution 1970 (2011) shall apply also to individuals and entitiesdetermined by the Council or the Committee to have violated the provisions ofresolution 1970

(2011), particularly paragraphs 9 and 10 thereof, or to haveassisted others in doing so;

Panel of Experts

24. Requests the Secretary-General to create for an initial period of one year, in consultation with the Committee, a group of up to eight experts(“Panel of Experts”), under the direction of the Committee to carry out thefollowing tasks:

(a) Assist the Committee in carrying out its mandate as specified inparagraph 24 of resolution 1970 (2011) and this resolution;

(b) Gather, examine and analyse information from States, relevantUnited Nations bodies, regional organisations and other interested partiesregarding the implementation of the measures decided in resolution 1970(2011) and this resolution, in particular incidents of non-compliance;

(c) Make recommendations on actions the Council, or theCommittee or State, may consider to improve implementation of the relevantmeasures;

(d) Provide to the Council an interim report on its work no later than90 days after the Panel’s appointment, and a final report to the Council no later than 30 days prior to the termination of its mandate with its findings andrecommendations;

25. Urges all States, relevant United Nations bodies and otherinterested parties, to cooperate fully with the Committee and the Panel ofExperts, in particular by supplying any information at their disposal on theimplementation of the measures decided in resolution 1970 (2011) and thisresolution, in particular incidents of non-compliance;

26. Decides that the mandate of the Committee as set out in paragraph24 of resolution 1970 (2011) shall also apply to the measures decided in thisresolution;

27. Decides that all States, including the Libyan Arab Jamahiriya, shalltake the necessary measures to ensure that no claim shall lie at the instance ofthe Libyan authorities, or of any person or body in the Libyan ArabJamahiriya, or of any person claiming through or for the benefit of any suchperson or body, in connection with any contract or other transaction where itsperformance was affected by reason of the measures taken by the Security Council in resolution 1970 (2011), this resolution and related resolutions;

28. Reaffirms its intention to keep the actions of the Libyan authoritiesunder continuous review and underlines its readiness to review at any timethe measures imposed by this resolution and resolution 1970 (2011),including by strengthening, suspending or lifting those measures, asappropriate, based on compliance by the Libyan authorities with thisresolution and resolution 1970 (2011).

29. Decides to remain actively seized of the matter.

Libya: UNSCR proposed designations

Number Name Justification Identifiers

Annex I: Travel Ban



Libyan Ambassador to Chad. Has left Chad forSabha. Involved directly in recruiting andcoordinating mercenaries for the regime.

Governor of Ghat (South Libya). Directlyinvolved in recruiting mercenaries.

Number Name Justification Identifiers

Annex II: Asset Freeze

1 Dorda, Abu Zayd Umar Position: Director, External

Security Organisation

2 Jabir, Major General Abu Bakr Yunis

3 Matuq, Matuq Mohammed

Position: Defence Minister Title: Major General DOB: --/--/1952.

POB: Jalo, Libya

Position: Secretary for Utilities DOB: --/--/1956. POB: Khoms

4 Qadhafi, Mohammed Muammar

Son of Muammar Qadhafi. Closeness of association with regime

DOB: --/--/1970. POB: Tripoli, Libya

5 Qadhafi, Saadi Commander Special Forces. Son

of Muammar Qadhafi. Closeness of association withregime. Command of military units involved in repressionof demonstrations

6 Qadhafi, Saif al-Arab Son of Muammar Qadhafi.

Closeness of association with regime

DOB: 25/05/1973. POB: Tripoli, Libya

DOB: --/--/1982. POB: Tripoli, Libya

7 Al-Senussi, Colonel Abdullah

Position: Director Military Intelligence

Title: Colonel DOB: --/--/1949.

POB: Sudan


1 Central Bank of Libya Under control of Muammar

Qadhafi andhis family,and potentialsource offunding forhis regime.

Number Name Justification Identifiers

2 Libyan Investment Authority

Under control of Muammar Qadhafi and his family, and potential source of funding for hisregime.

a.k.a: Libyan Arab Foreign Investment Company (LAFICO) Address: 1 Fateh TowerOffice, No 99 22nd Floor, Borgaida Street, Tripoli, Libya, 1103

3 Libyan Foreign Bank Under control of Muammar

Qadhafi andhis family anda potentialsource offunding forhis regime.

4 Libyan Africa Investment Portfolio

5 Libyan National Oil Corporation

Under control of Muammar Qadhafi and his family, and potential source of funding for hisregime.

Under control of Muammar Qadhafi and his family, and potential source of funding for hisregime.

Address: Jamahiriya Street, LAP Building, PO Box 91330, Tripoli, Libya

Address: Bashir Saadwi Street, Tripoli, Tarabulus, Libya