3106th FOREIGN AFFAIRS Council meeting, Brussels, 18 July 2011
The Council adopted the following conclusions:
“1. Firmly committed to the full implementation of UNSCRs 1970 and 1973, the EU remains unwavering in its commitment to protecting Libyan civilians, including through the intensification of pressure on the Kadhafi regime.
2. The EU condemns the grave violations of human rights and the breaches of international humanitarian law perpetrated by the regime. It reiterates the importance of accountability, justice and the need to fight against impunity. It takes note of the decision of the International Criminal Court’s Pre-Trial Chamber I on 27 June to issue arrest warrants against Muammar Kadhafi, Saif al Islam Kadhafi and Abdullah al-Sanussi in connection with alleged crimes against humanity in Libya and calls for full co-operation with the International Criminal Court. It also welcomes the extension of the mandate of the International Commission of Inquiry by the UN Human Rights Council.
Kadhafi has lost all legitimacy and must relinquish power immediately. Noting continuing defections from the Kadhafi regime, the EU calls on its remaining followers to disassociate themselves from its crimes.
3. The EU remains concerned about the humanitarian situation. It is pursuing its efforts to deliver humanitarian assistance to all Libyans and people in need in an impartial and nondiscriminatory manner and calls for unlimited humanitarian access in western Libya and full respect of international humanitarian law. If requested by UN OCHA, the EU will conduct a CSDP operation “EUFOR Libya” to support humanitarian assistance in the region.
4. The EU welcomes the commitment expressed once more by the international community at the Contact Group meeting held in Istanbul on 15 July to support the Libyan people in their ongoing transition process, from the Kadhafi era and towards the creation of a united, sovereign and democratic Libyan state. In particular the EU endorses the shared and overarching principles identified to guide efforts towards a political transition, as well as the common approach to supporting the Libyan people in rebuilding their country. To that end, the EU welcomes the presentation by the NTC of their plans for the post-conflict stage.
5. The EU is dedicated to helping shape the conditions for a monitored cease-fire linked to a genuine and inclusive political process clearly committed to national reconciliation and to the unity of post-Kadhafi Libya. Under the leadership of the UN and with UNSG Special Envoy for Libya as focal point, the EU will pursue its work with other international and regional partners, notably the Cairo Group, which brings the EU together with the UN, the Arab League, the African Union, the Organization of the Islamic Cooperation. In this regard, the EU acknowledges the useful contribution made by the African Union at the July 2011 Malabo Summit.
6. The EU considers the NTC as a legitimate political interlocutor. It acknowledges the essential role and responsibilities of the NTC as a representative of the aspirations of the Libyan people, including for the transition process. As such, the EU welcomes the visit to the EU institutions, on 13–14 July, of the Chairperson of the Executive Committee of the National Transitional Council (NTC), Mr. Mahmoud Jibril. The EU acknowledges the urgent financial needs of the NTC to allow it to serve the Libyan people. The EU and Member States will continue to explore all options in that respect, including, where possible, through the use of Libyan frozen funds, inter alia as a guarantee for providing financial assistance, and the resumption of exports, in compliance with the provisions of the relevant UNSCRs. Recalling the commitments made by the NTC in its “Road to Democratic Libya”, the EU also stands ready to provide further assistance to the NTC in order to enable it to assume its responsibilities, including upholding the rule of law throughout the areas under its control. In this context, the NTC must also continue its commitment to address alleged violations of international law, including of human rights.
7. The EU is committed to support the emergence of a new, stable, prosperous, sovereign and democratic Libya through a peaceful, transparent and inclusive transition process. The EU is already implementing activities in support of the Libyan civil society, and is preparing further assistance including for human rights defenders, youth, women, local authorities and media. The EU underlines the importance of the UN-led support of the international community for Libya in the weeks and months following a cease-fire. The transition should be a Libyandriven process to which the EU will contribute together with key partners as soon as conditions allow.”
Council of the European Union