Resolution 2174: Security Council expands arms embargo on Libya

United Kingdom of Great Britain and Northern Ireland:

draft resolution

The Security Council,

Recalling all its resolutions on Libya since resolution 1970 (2011), as well as the Statement of its President (S/PRST/2013/21) of 16 December 2013,

Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Libya,

Deploring the increasing violence in Libya, in particular around Tripoli and Benghazi, condemning ongoing fighting by armed groups and incitement to violence, and expressing its deep concern at its impact on Libya’s civilian population and institutions, as well as the threat it poses to Libya’s stability and democratic transition,

Welcoming the calls of the Government of Libya and House of Representatives for an immediate ceasefire, underlining the need for all parties to engage in peaceful and inclusive political dialogue and to respect the democratic process, and encouraging the Arab League, the African Union and all those with influence on the parties, in particular neighbouring and regional countries, to support an immediate cessation of hostilities and constructive engagement with such a dialogue,

Recalling its decision in resolution 1970 (2011) to refer the situation in Libya to the Prosecutor of the International Criminal Court, and reaffirming the importance of the Government of Libya’s cooperation with the International Criminal Court and the Prosecutor,

Reaffirming the importance of holding accountable those responsible for violations or abuses of human rights or violations of international humanitarian law, including those involved in attacks targeting civilians,

Expressing deep concern at the threat posed by unsecured arms and ammunition in Libya and their proliferation, which poses a risk to stability in Libya and the region, including through transfer to terrorist and violent extremist groups and underlining the importance of coordinated international support to Libya and the region to address these issues,

Concerned at the growing presence of Al-Qaida linked terrorists groups and individuals operating in Libya, reaffirming the need to combat by all means, in accordance with the Charter of the United Nations and international law, including applicable international human rights, refugee and humanitarian law, threats to international peace and security caused by terrorist acts, and recalling, in this regard, the obligations under resolution 2161 (2014),

Expressing its determination to use targeted sanctions in pursuit of stability in Libya, and against those individuals and entities who threaten its stability and obstruct or undermine its successful completion of the political transition,

Mindful of its primary responsibility for the maintenance of international peace and security under the Charter of the United Nations,

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

1. Calls on all parties to agree to an immediate ceasefire and an end to fighting, and expresses its strong support for the efforts of the United Nations Support Mission in Libya (UNSMIL) and the Special Representative of the Secretary-General in this regard;

2. Condemns the use of violence against civilians and civilian institutions and calls for those responsible to be held accountable;

3. Calls on the House of Representatives and the Constitutional Drafting Assembly to carry out their tasks in a spirit of inclusiveness, and calls on all parties to engage in an inclusive Libyan-led political dialogue in order to help restore stability, and to forge consensus around the next steps in Libya’s transition;

4. Reaffirms that the measures specified in paragraphs 15, 16, 17, 19, 20 and 21 of resolution 1970 (2011), as modified by paragraphs 14, 15 and 16 of resolution 2009 (2011), apply to individuals and entities designated under that resolution and under resolution 1973 (2011) and by Committee established pursuant to paragraph 24 of resolution 1970 (2011), decides that they shall also apply to individuals and entities determined by the Committee to be engaging in or providing support for other acts that threaten the peace, stability or security of Libya, or obstruct or undermine the successful completion of its political transition, and decides that such acts may include but are not limited to:

(a) planning, directing, or committing, acts that violate applicable international human rights law or international humanitarian law, or acts that constitute human rights abuses, in Libya;

(b) attacks against any air, land, or sea port in Libya, or against a Libyan State institution or installation, or against any foreign mission in Libya;

(c) providing support for armed groups or criminal networks through the illicit exploitation of crude oil or any other natural resources in Libya;

(d) acting for or on behalf of or at the direction of a listed individual or entity;

5. Reiterates that individuals and entities determined by the Committee to have violated provisions of resolution 1970 (2011), including the arms embargo, or assisted others in doing so, are subject to designation, and notes that this includes those who assist in the violation of the assets freeze and travel ban in resolution 1970 (2011);

6. Requests the Panel of Experts established pursuant to paragraph 24 of resolution 1973 (2011), in addition to its current mandate, to provide information on individuals and entities who meet the designation criteria specified in paragraphs 4 and 5 of this resolution;

7. Requests that the Committee give due regard to requests for delisting of individuals and entities who no longer meet the designation criteria;

8. Decides that the supply, sale or transfer of arms and related materiel, including related ammunition and spare parts, to Libya in accordance with paragraph 13 (a) of resolution 2009 (2011) as modified by paragraph 10 of resolution 2095 (2013) must be approved in advance by the Committee;

9. Calls upon all States, in particular States neighbouring Libya, to inspect in their territory, including seaports and airports, in accordance with their national authorities and legislation and consistent with international law, in particular the law of the sea and relevant international civil aviation agreements, all cargo to and from Libya, if the State concerned has information that provides reasonable grounds to believe the cargo contains items the supply, sale, transfer, or export of which is prohibited by paragraphs 9 or 10 of resolution 1970 (2011), as modified by paragraph 13 of 2009 (2011) and paragraphs 9 and 10 of 2095 (2013), for the purpose of ensuring strict implementation of those provisions;

10. Reaffirms its decision to authorize all Member States to, and that all Member States shall, upon discovery of items prohibited by paragraph 9 or 10 of resolution 1970, as modified by paragraph 13 of 2009 (2011) and paragraphs 9 and 10 of 2095 (2013), seize and dispose (such as through destruction, rendering inoperable, storage or transferring to a State other than the originating or destination States for disposal) of such items and further reaffirms its decision that all Member States shall cooperate in such efforts;

11. Requires any Member State when it undertakes an inspection pursuant to paragraph 9 of this resolution, to submit promptly an initial written report to the Committee containing, in particular, explanation of the grounds for the inspections, the results of such inspections, and whether or not cooperation was provided, and, if prohibited items for transfer are found, further requires such Member States to submit to the Committee, at a later stage, a subsequent written report containing relevant details on the inspection, seizure, and disposal, and relevant details of the transfer, including a description of the items, their origin and intended destination, if this information is not in the initial report;

12. Affirms its readiness to review the appropriateness of the measures contained in this resolution, including the strengthening, modification, suspension or lifting of the measures, and its readiness to review the mandate of UNSMIL, as may be needed at any time in light of developments in Libya;
13. Decides to remain actively seized of the matter.

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