Security Council Approves ‘No-Fly Zone’ over Libya, Authorizing ‘All Necessary
Demanding an immediate ceasefire in Libya, including an end to the current attacks against civilians, which it said might constitute “crimes against humanity”, the Security Council this evening imposed a ban on all flights in the country’s airspace — a no-fly zone — and tightened sanctions on the Qadhafi regime and its supporters.
Adopting resolution 1973 (2011) by a vote of 10 in favour to none against, with 5 abstentions (Brazil, China, Germany, India, Russian Federation), the Council authorized Member States, acting nationally or through regional organizations or arrangements, to take all necessary measures to protect civilians under threat of attack in the country, including Benghazi, while excluding a foreign occupation force of any form on any part of Libyan territory — requesting them to immediately inform the Secretary-General of such measures.
Recognizing the important role of the League of Arab States in the maintenance of international peace and security in the region, and bearing in mind the United Nations Charter’s Chapter VIII, the Council asked the League’s member States to cooperate with other Member States in implementing the no-fly zone.
The Council stressed the need to intensify efforts to find a solution to the crisis that responded to the legitimate demands of the Libyan people, noting actions being taken on the diplomatic front in that regard. It further demanded that Libyan authorities comply with their obligations under international law and take all measures to protect civilians and meet their basic needs and to ensure the rapid and unimpeded passage of humanitarian assistance.
In that connection, the Council specified that the flight ban would not apply to flights that had as their sole purpose humanitarian aid, the evacuation of foreign nationals, enforcing the ban or other purposes “deemed necessary for the benefit of the Libyan people”.
It further decided that all States should deny permission to any Libyan commercial aircraft to land in or take off from their territory unless a particular flight had been approved in advance by the committee that was established to monitor sanctions imposed by resolution 1970 (2011).
In tightening the asset freeze and arms embargo established by that resolution, the Council this evening further detailed conditions for inspections of transport suspected to be violating the embargo, requesting States enforcing the embargo to coordinate closely with each other and the Secretary-General on the measures they were taking towards implementation.
It requested the Secretary-Secretary to create an eight-member panel of experts to assist the Security Council committee in monitoring the sanctions.
Introducing the resolution, the Foreign Minister of France, Alain Juppé, said “the situation on the ground is more alarming than ever, marked by the violent re-conquest of cities that have been released”. The Security Council could not stand by and “let the warmongers flout international legality”. The world was experiencing “a wave of great revolutions that would change the course of history”, but the will of the Libyan people had been “trampled under the feet of the Qadhafi regime”. Earlier Council measures had been ignored and violence against Libyan civilians had redoubled.
He said that the urgent need to protect the civilian population had led to the elaboration of the current resolution, which authorized the Arab League and those Member States wishing to do so to take all measures to protect areas that were being threatened by the Qadhafi regime. “We have very little time left — perhaps only a matter of hours,” he said, adding that each hour and day that passed “increased the weight” on the international community’s shoulders.
Speaking after the vote, representatives who had supported the text agreed that the strong action was made necessary because the Qadhafi regime had not heeded the first actions of the Council and was on the verge of even greater violence against civilians as it closed in on areas previously dominated by opposition in the east of the country. They stressed that the objective was solely to protect civilians from further harm.
Lebanon’s speaker stressed that the text would not result in the occupation of “one inch” of Libyan territory by foreign forces. The representative of the United Kingdom pledged that partners in the North Atlantic Treaty Organization (NATO) and the Arab League were now ready to act to support the text.
The representative of the United States said that today, the Council had responded to the Libyan peoples’ cry for help. The Council’s purpose was clear: to protect Libyan civilians. The Security Council had authorized the use of force, including enforcement of a no-fly zone, to protect civilians and civilian areas targeted by Colonel Muammar Al-Qadhafi, his allied forces and mercenaries.
The representatives of China and the Russian Federation, explaining their abstentions, prioritized peaceful means of resolving the conflict and said that many questions had not been answered in regard to provisions of the resolution, including, as the Russian representative put it, how and by whom the measures would be enforced and what the limits of the engagement would be. He said the resolution included a sorely needed ceasefire, which he had called for earlier. China had not blocked the action with a negative vote in consideration of the wishes of the Arab League and the African Union, its representative said.
The delegations of India, Germany and Brazil, having also abstained, equally stressed the need for peaceful resolution of the conflict and warned against unintended consequences of armed intervention.
Statements were also made made by the representatives of Bosnia and Herzegovina, Colombia, Portugal, Nigeria and South Africa.
The meeting was opened at 6:25 p.m. and closed at 7:20 p.m.
The whys of the five abstentions}
MARIA LUIZA RIBERIO VIOTTI (Brazil) said her delegation was deeply concerned about the situation in Libya and regretted that the “strong message” sent by resolution 1970 (2011) had note yet been heeded. The Brazilian Government had earlier condemned the violence being carried out by Libyan authorities and had called on them to uphold and protect the right of free expression of the protesters and to seek a solution to the crisis through meaningful dialogue. Her delegation’s vote today should in no way be interpreted as condoning the behaviour of the Libyan authorities or as disregard for the need to protect civilians and respect for their rights.
She said that while Brazil stood in solidarity with all movements in the region expressing their legitimate demands for better governance, and had taken into account the Arab League’s call for strong measures to stop the violence through a no-fly zone, it believed that the resolution contemplated measures that went beyond that call. “We are not convinced that the use of force as provided for in operative paragraph 4 of the present resolution will lead to the realization of our common objective — the immediate end of violence and the protection of civilians,” she said, adding that Brazil was also concerned that the measures approved today might have the unintended effect of exacerbating the current tensions on the ground and “causing more harm than good to the very same civilians we are committed to protecting”. No military action alone would succeed in ending the conflict. Protecting civilians, ensuring lasting settlement and addressing the legitimate demands of Libyan citizens demanded a political process.
Security Council President LI BAODONG (China), speaking in his national capacity, said that the continuing deterioration of the situation in Libya was of great concern to China. However, the United Nations Charter must be respected and the current crisis must be ended through peaceful means. China was always against the use of force when those means were not exhausted. His delegation had asked specific questions that failed to be answered and, therefore, it had serious difficulty with the resolution. It had not blocked the passage of the resolution, however, because it attached great importance to the requests of the Arab League and the African Union. At the same time, he supported the efforts of the Secretary-General’s Envoy to resolve the situation by peaceful means.
PETER WITTIG (Germany) said the Security Council’s intention was to stop the violence in Libya and send a message to Colonel Qadhafi and his associates “that their time is over [and] they must relinquish power immediately”. While the Council acted on Libya, North Africa was undergoing major political changes, meriting the international community’s full support. The aim should be to promote political transition in Libya, stop the violence and begin a true political process. “The people of Libya who have so clearly expressed their aspirations for democracy should be supported,” he said, adding that the Interim National Council was an important interlocutor in that regard.
MANJEEV SINGH PURI ( India), explaining his abstention, expressed great concern over the welfare of the population of Libya and supported the appointment of the Secretary-General’s Envoy. The report of that Envoy and that of others had not yet been received. As a consequence, today’s resolution was based on very little clear information, including a lack of certainty regarding who was going to enforce the measures. There must be certainty that negative outcomes were not likely before such wide-ranging measures were adopted. Political efforts must be the priority in resolving the situation.
VITALY CHURKIN (Russian Federation) said he had abstained, although his country’s position opposing violence against civilians in Libya was clear. Work on the resolution was not in keeping with Security Council practice, with many questions having remained unanswered, including how it would be enforced and by whom, and what the limits of engagement would be. His country had not prevented the adoption of the resolution, but he was convinced that an immediate ceasefire was the best way to stop the loss of life. His country, in fact, had pressed earlier for a resolution calling for such a ceasefire, which could have saved many additional lives. Cautioning against unpredicted consequences, he stressed that there was a need to avoid further destabilization in the region.