                United Nations                                                                S/RES/1970 (2011)*
                Security Council                                               Distr.: General
                                                                               26 February 2011

                Resolution 1970 (2011)
                Adopted by the Security Council at its 6491st meeting, on
                26 February 2011

                     The Security Council,
                     Expressing grave concern at the situation in the Libyan Arab Jamahiriya and
                condemning the violence and use of force against civilians,
                      Deploring the gross and systematic violation of human rights, including the
                repression of peaceful demonstrators, expressing deep concern at the deaths of
                civilians, and rejecting unequivocally the incitement to hostility and violence
                against the civilian population made from the highest level of the Libyan
                government,
                      Welcoming the condemnation by the Arab League, the African Union, and the
                Secretary General of the Organization of the Islamic Conference of the serious
                violations of human rights and international humanitarian law that are being
                committed in the Libyan Arab Jamahiriya,
                    Taking note of the letter to the President of the Security Council from the
                Permanent Representative of the Libyan Arab Jamahiriya dated 26 February 2011,
                      Welcoming the Human Rights Council resolution A/HRC/RES/S-15/1 of
                25 February 2011, including the decision to urgently dispatch an independent
                international commission of inquiry to investigate all alleged violations of
                international human rights law in the Libyan Arab Jamahiriya, to establish the facts
                and circumstances of such violations and of the crimes perpetrated, and where
                possible identify those responsible,
                      Considering that the widespread and systematic attacks currently taking place
                in the Libyan Arab Jamahiriya against the civilian population may amount to crimes
                against humanity,
                     Expressing concern at the plight of refugees forced to flee the violence in the
                Libyan Arab Jamahiriya,
                     Expressing concern also at the reports of shortages of medical supplies to treat
                the wounded,

            * Second reissue for technical reasons (10 March 2011).

11-24558* (E)
*1124558*

S/RES/1970 (2011)

                    Recalling the Libyan authorities’ responsibility to protect its population,
                    Underlining the need to respect the freedoms of peaceful assembly and of
               expression, including freedom of the media,
                    Stressing the need to hold to account those responsible for attacks, including
               by forces under their control, on civilians,
                    Recalling article 16 of the Rome Statute under which no investigation or
               prosecution may be commenced or proceeded with by the International Criminal
               Court for a period of 12 months after a Security Council request to that effect,
                    Expressing concern for the safety of foreign nationals and their rights in the
               Libyan Arab Jamahiriya,
                     Reaffirming its strong commitment to the sovereignty, independence, territorial
               integrity and national unity of the Libyan Arab Jamahiriya.
                    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, and taking
               measures under its Article 41,
                     1.   Demands an immediate end to the violence and calls for steps to fulfil the
               legitimate demands of the population;
                    2.    Urges the Libyan authorities to:
                    (a) Act with the utmost restraint, respect human rights and international
               humanitarian law, and allow immediate access for international human rights
               monitors;
                     (b) Ensure the safety of all foreign nationals and their assets and facilitate
               the departure of those wishing to leave the country;
                   (c) Ensure the safe passage of humanitarian and medical supplies, and
               humanitarian agencies and workers, into the country; and
                    (d)   Immediately lift restrictions on all forms of media;
                    3.   Requests all Member States, to the extent possible, to cooperate in the
               evacuation of those foreign nationals wishing to leave the country;

               ICC referral
                    4.   Decides to refer the situation in the Libyan Arab Jamahiriya since
               15 February 2011 to the Prosecutor of the International Criminal Court;
                    5.    Decides that the Libyan authorities shall cooperate fully with and provide
               any necessary assistance to the Court and the Prosecutor pursuant to this resolution
               and, while recognizing that States not party to the Rome Statute have no obligation
               under the Statute, urges all States and concerned regional and other international
               organizations to cooperate fully with the Court and the Prosecutor;
                     6.   Decides that nationals, current or former officials or personnel from a
               State outside the Libyan Arab Jamahiriya which is not a party to the Rome Statute of
               the International Criminal Court shall be subject to the exclusive jurisdiction of that
               State for all alleged acts or omissions arising out of or related to operations in the

2                                                                                11-24558

                                                                                S/RES/1970 (2011)

           Libyan Arab Jamahiriya established or authorized by the Council, unless such
           exclusive jurisdiction has been expressly waived by the State;
                 7.   Invites the Prosecutor to address the Security Council within two months
           of the adoption of this resolution and every six months thereafter on actions taken
           pursuant to this resolution;
                 8.    Recognizes that none of the expenses incurred in connection with the
           referral, including expenses related to investigations or prosecutions in connection
           with that referral, shall be borne by the United Nations and that such costs shall be
           borne by the parties to the Rome Statute and those States that wish to contribute
           voluntarily;

           Arms embargo
                 9.    Decides that all Member States shall immediately take the necessary
           measures to prevent the direct or indirect supply, sale or transfer to the Libyan Arab
           Jamahiriya, from or through their territories or by their nationals, or using their flag
           vessels or aircraft, of arms and related materiel of all types, including weapons and
           ammunition, military vehicles and equipment, paramilitary equipment, and spare
           parts for the aforementioned, and technical assistance, training, financial or other
           assistance, related to military activities or the provision, maintenance or use of any
           arms and related materiel, including the provision of armed mercenary personnel
           whether or not originating in their territories, and decides further that this measure
           shall not apply to:
                (a) Supplies of non-lethal military equipment intended solely for
           humanitarian or protective use, and related technical assistance or training, as
           approved in advance by the Committee established pursuant to paragraph 24 below;
                (b) Protective clothing, including flak jackets and military helmets,
           temporarily exported to the Libyan Arab Jamahiriya by United Nations personnel,
           representatives of the media and humanitarian and development workers and
           associated personnel, for their personal use only; or
                 (c) Other sales or supply of arms and related materiel, or provision of
           assistance or personnel, as approved in advance by the Committee;
                10. Decides that the Libyan Arab Jamahiriya shall cease the export of all
           arms and related materiel and that all Member States shall prohibit the procurement
           of such items from the Libyan Arab Jamahiriya by their nationals, or using their
           flagged vessels or aircraft, and whether or not originating in the territory of the
           Libyan Arab Jamahiriya;
                 11. Calls upon all States, in particular States neighbouring the Libyan Arab
           Jamahiriya, to inspect, 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 the Libyan Arab
           Jamahiriya, in their territory, including seaports and airports, 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
           this resolution for the purpose of ensuring strict implementation of those provisions;
                 12. Decides to authorize all Member States to, and that all Member States
           shall, upon discovery of items prohibited by paragraph 9 or 10 of this resolution,

11-24558                                                                                3

S/RES/1970 (2011)

               seize and dispose (such as through destruction, rendering inoperable, storage or
               transferring to a State other than the originating or destination States for disposal)
               items the supply, sale, transfer or export of which is prohibited by paragraphs 9 or
               10 of this resolution and decides further that all Member States shall cooperate in
               such efforts;
                    13. Requires any Member State when it undertakes an inspection pursuant to
               paragraph 11 above, 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;
                    14. Encourages Member States to take steps to strongly discourage their
               nationals from travelling to the Libyan Arab Jamahiriya to participate in activities
               on behalf of the Libyan authorities that could reasonably contribute to the violation
               of human rights;

               Travel ban
                    15. Decides that all Member States shall take the necessary measures to
               prevent the entry into or transit through their territories of individuals listed in
               Annex I of this resolution or designated by the Committee established pursuant to
               paragraph 24 below, provided that nothing in this paragraph shall oblige a State to
               refuse its own nationals entry into its territory;
                    16.     Decides that the measures imposed by paragraph 15 above shall not
               apply:
                     (a) Where the Committee determines on a case-by-case basis that such travel
               is justified on the grounds of humanitarian need, including religious obligation;
                    (b)     Where entry or transit is necessary for the fulfilment of a judicial
               process;
                    (c) Where the Committee determines on a case-by-case basis that an
               exemption would further the objectives of peace and national reconciliation in the
               Libyan Arab Jamahiriya and stability in the region; or
                     (d) Where a State determines on a case-by-case basis that such entry or
               transit is required to advance peace and stability in the Libyan Arab Jamahiriya and
               the States subsequently notifies the Committee within forty-eight hours after making
               such a determination;

               Asset freeze
                     17. Decides that all Member States shall freeze without delay all funds, other
               financial assets and economic resources which are on their territories, which are
               owned or controlled, directly or indirectly, by the individuals or entities listed in
               annex II of this resolution or designated by the Committee established pursuant to
               paragraph 24 below, or by individuals or entities acting on their behalf or at their
               direction, or by entities owned or controlled by them, and decides further that all

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           Member States shall ensure that any funds, financial assets or economic resources
           are prevented from being made available by their nationals or by any individuals or
           entities within their territories, to or for the benefit of the individuals or entities
           listed in Annex II of this resolution or individuals designated by the Committee;
                18. Expresses its intention to ensure that assets frozen pursuant to
           paragraph 17 shall at a later stage be made available to and for the benefit of the
           people of the Libyan Arab Jamahiriya;
                 19. Decides that the measures imposed by paragraph 17 above do not apply
           to funds, other financial assets or economic resources that have been determined by
           relevant Member States:
                 (a) To be necessary for basic expenses, including payment for foodstuffs,
           rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and
           public utility charges or exclusively for payment of reasonable professional fees and
           reimbursement of incurred expenses associated with the provision of legal services
           in accordance with national laws, or fees or service charges, in accordance with
           national laws, for routine holding or maintenance of frozen funds, other financial
           assets and economic resources, after notification by the relevant State to the
           Committee of the intention to authorize, where appropriate, access to such funds,
           other financial assets or economic resources and in the absence of a negative
           decision by the Committee within five working days of such notification;
                (b) To be necessary for extraordinary expenses, provided that such
           determination has been notified by the relevant State or Member States to the
           Committee and has been approved by the Committee; or
                 (c) To be the subject of a judicial, administrative or arbitral lien or judgment,
           in which case the funds, other financial assets and economic resources may be used
           to satisfy that lien or judgment provided that the lien or judgment was entered into
           prior to the date of the present resolution, is not for the benefit of a person or entity
           designated pursuant to paragraph 17 above, and has been notified by the relevant
           State or Member States to the Committee;
                 20. Decides that Member States may permit the addition to the accounts
           frozen pursuant to the provisions of paragraph 17 above of interests or other
           earnings due on those accounts or payments due under contracts, agreements or
           obligations that arose prior to the date on which those accounts became subject to
           the provisions of this resolution, provided that any such interest, other earnings and
           payments continue to be subject to these provisions and are frozen;
                 21. Decides that the measures in paragraph 17 above shall not prevent a
           designated person or entity from making payment due under a contract entered into
           prior to the listing of such a person or entity, provided that the relevant States have
           determined that the payment is not directly or indirectly received by a person or
           entity designated pursuant to paragraph 17 above, and after notification by the
           relevant States to the Committee of the intention to make or receive such payments
           or to authorize, where appropriate, the unfreezing of funds, other financial assets or
           economic resources for this purpose, 10 working days prior to such authorization;

11-24558                                                                                5

S/RES/1970 (2011)

               Designation criteria
                     22. Decides that the measures contained in paragraphs 15 and 17 shall apply
               to the individuals and entities designated by the Committee, pursuant to paragraph
               24 (b) and (c), respectively;
                    (a) Involved in or complicit in ordering, controlling, or otherwise directing,
               the commission of serious human rights abuses against persons in the Libyan Arab
               Jamahiriya, including by being involved in or complicit in planning, commanding,
               ordering or conducting attacks, in violation of international law, including aerial
               bombardments, on civilian populations and facilities; or
                     (b) Acting for or on behalf of or at the direction of individuals or entities
               identified in subparagraph (a).
                     23. Strongly encourages Member States to submit to the Committee names of
               individuals who meet the criteria set out in paragraph 22 above;

               New Sanctions Committee
                    24. Decides to establish, in accordance with rule 28 of its provisional rules of
               procedure, a Committee of the Security Council consisting of all the members of the
               Council (herein “the Committee”), to undertake to following tasks:
                     (a) To monitor implementation of the measures imposed in paragraphs 9, 10,
               15, and 17;
                    (b) To designate those individuals subject to the measures imposed by
               paragraphs 15 and to consider requests for exemptions in accordance with paragraph
               16 above;
                    (c) To designate those individuals subject to the measures imposed by
               paragraph 17 above and to consider requests for exemptions in accordance with
               paragraphs 19 and 20 above;
                    (d) To establish such guidelines as may be necessary to facilitate the
               implementation of the measures imposed above;
                      (e) To report within thirty days to the Security Council on its work for the
               first report and thereafter to report as deemed necessary by the Committee;
                     (f) To encourage a dialogue between the Committee and interested Member
               States, in particular those in the region, including by inviting representatives of such
               States to meet with the Committee to discuss implementation of the measures;
                    (g) To seek from all States whatever information it may consider useful
               regarding the actions taken by them to implement effectively the measures imposed
               above;
                     (h) To examine and take appropriate action on information regarding alleged
               violations or non-compliance with the measures contained in this resolution;
                    25. Calls upon all Member States to report to the Committee within 120 days
               of the adoption of this resolution on the steps they have taken with a view to
               implementing effectively paragraphs 9, 10, 15 and 17 above;

6                                                                                11-24558

                                                                                S/RES/1970 (2011)

           Humanitarian assistance
                26. Calls upon all Member States, working together and acting in
           cooperation with the Secretary General, to facilitate and support the return of
           humanitarian agencies and make available humanitarian and related assistance in the
           Libyan Arab Jamahiriya, and requests the States concerned to keep the Security
           Council regularly informed on the progress of actions undertaken pursuant to this
           paragraph, and expresses its readiness to consider taking additional appropriate
           measures, as necessary, to achieve this;

           Commitment to review
                 27. Affirms that it shall keep the Libyan authorities’ actions under continuous
           review and that it shall be prepared to review the appropriateness of the measures
           contained in this resolution, including the strengthening, modification, suspension
           or lifting of the measures, as may be needed at any time in light of the Libyan
           authorities’ compliance with relevant provisions of this resolution;
                28.   Decides to remain actively seized of the matter.

11-24558                                                                                7

S/RES/1970 (2011)

Annex I
               Travel ban

               1.   Al-Baghdadi, Dr Abdulqader Mohammed
                    Passport number: B010574. Date of birth: 01/07/1950.
                    Head of the Liaison Office of the Revolutionary Committees. Revolutionary
                    Committees involved in violence against demonstrators.
               2.   Dibri, Abdulqader Yusef
                    Date of birth: 1946. Place of birth: Houn, Libya.
                    Head of Muammar Qadhafi’s personal security. Responsibility for regime
                    security. History of directing violence against dissidents.
               3.   Dorda, Abu Zayd Umar
                    Director, External Security Organisation. Regime loyalist. Head of external
                    intelligence agency.
               4.   Jabir, Major General Abu Bakr Yunis
                    Date of birth: 1952. Place of birth: Jalo, Libya.
                    Defence Minister. Overall responsibility for actions of armed forces.
               5.   Matuq, Matuq Mohammed
                    Date of birth: 1956. Place of birth: Khoms.
                    Secretary for Utilities. Senior member of regime. Involvement with
                    Revolutionary Committees. Past history of involvement in suppression of
                    dissent and violence.
               6.   Qadhaf Al-dam, Sayyid Mohammed
                    Date of birth: 1948. Place of birth: Sirte, Libya.
                    Cousin of Muammar Qadhafi. In the 1980s, Sayyid was involved in the
                    dissident assassination campaign and allegedly responsible for several deaths
                    in Europe. He is also thought to have been involved in arms procurement.
               7.   Qadhafi, Aisha Muammar
                    Date of birth: 1978. Place of birth: Tripoli, Libya.
                    Daughter of Muammar Qadhafi. Closeness of association with regime.
               8.   Qadhafi, Hannibal Muammar
                    Passport number: B/002210. Date of birth: 20/09/1975. Place of birth: Tripoli,
                    Libya. Son of Muammar Qadhafi. Closeness of association with regime.
               9.   Qadhafi, Khamis Muammar
                    Date of birth: 1978. Place of birth: Tripoli, Libya.
                    Son of Muammar Qadhafi. Closeness of association with regime. Command of
                    military units involved in repression of demonstrations.

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                                                                                S/RES/1970 (2011)

           10.   Qadhafi, Mohammed Muammar
                 Date of birth: 1970. Place of birth: Tripoli, Libya.
                 Son of Muammar Qadhafi. Closeness of association with regime.
           11.   Qadhafi, Muammar Mohammed Abu Minyar
                 Date of birth: 1942. Place of birth: Sirte, Libya.
                 Leader of the Revolution, Supreme Commander of Armed Forces.
                 Responsibility for ordering repression of demonstrations, human rights abuses.
           12.   Qadhafi, Mutassim
                 Date of birth: 1976. Place of birth: Tripoli, Libya.
                 National Security Adviser. Son of Muammar Qadhafi. Closeness of association
                 with regime.
           13.   Qadhafi, Saadi
                 Passport number: 014797. Date of birth: 25/05/1973. Place of birth: Tripoli,
                 Libya.
                 Commander Special Forces. Son of Muammar Qadhafi. Closeness of
                 association with regime. Command of military units involved in repression of
                 demonstrations.
           14.   Qadhafi, Saif al-Arab
                 Date of birth: 1982. Place of birth: Tripoli, Libya.
                 Son of Muammar Qadhafi. Closeness of association with regime.
           15.   Qadhafi, Saif al-Islam
                 Passport number: B014995. Date of birth: 25/06/1972. Place of birth: Tripoli,
                 Libya.
                 Director, Qadhafi Foundation. Son of Muammar Qadhafi. Closeness of
                 association with regime. Inflammatory public statements encouraging violence
                 against demonstrators.
           16.   Al-Senussi, Colonel Abdullah
                 Date of birth: 1949. Place of birth: Sudan.
                 Director Military Intelligence. Military Intelligence involvement in
                 suppression of demonstrations. Past history includes suspicion of involvement
                 in Abu Selim prison massacre. Convicted in absentia for bombing of UTA
                 flight. Brother-in-law of Muammar Qadhafi.

11-24558                                                                                9

S/RES/1970 (2011)

Annex II
               Asset freeze

               1.   Qadhafi, Aisha Muammar
                    Date of birth: 1978. Place of birth: Tripoli, Libya.
                    Daughter of Muammar Qadhafi. Closeness of association with regime.
               2.   Qadhafi, Hannibal Muammar
                    Passport number: B/002210. Date of birth: 20/09/1975. Place of birth: Tripoli,
                    Libya. Son of Muammar Qadhafi. Closeness of association with regime.
               3.   Qadhafi, Khamis Muammar
                    Date of birth: 1978. Place of birth: Tripoli, Libya.
                    Son of Muammar Qadhafi. Closeness of association with regime. Command of
                    military units involved in repression of demonstrations.
               4.   Qadhafi, Muammar Mohammed Abu Minyar
                    Date of birth: 1942. Place of birth: Sirte, Libya.
                    Leader of the Revolution, Supreme Commander of Armed Forces.
                    Responsibility for ordering repression of demonstrations, human rights abuses.
               5.   Qadhafi, Mutassim
                    Date of birth: 1976. Place of birth: Tripoli, Libya.
                    National Security Adviser. Son of Muammar Qadhafi. Closeness of association
                    with regime.
               6.   Qadhafi, Saif al-Islam
                    Passport number: B014995. Date of birth: 25/06/1972. Place of birth: Tripoli,
                    Libya.
                    Director, Qadhafi Foundation. Son of Muammar Qadhafi. Closeness of
                    association with regime. Inflammatory public statements encouraging violence
                    against demonstrators.

10                                                                                11-24558

Security Council resolution 1970 (2011) [on establishment of a Security Council Committee to monitor implementation of the arms embargo against the Libyan Arab Jamahiriya]

International Criminal Court|UN. Security Council Committee Established pursuant to Resolution 1970 (2011) concerning Libya > Establishment|Charter of the United Nations (1945). Chapter VII|SANCTIONS|ARMS EMBARGO|LIBYA|FROZEN ASSETS|TRAVEL RESTRICTIONS|HUMANITARIAN ASSISTANCE|INTERNATIONAL CRIMES|PROSECUTION

S/66 [215] LIBYAN ARAB JAMAHIRIYA SITUATION


               United Nations                                                                     S/RES/1971 (2011)
               Security Council                                                 Distr.: General
                                                                                3 March 2011

               Resolution 1971 (2011)
               Adopted by the Security Council at its 6493rd meeting, on
               3 March 2011

                    The Security Council,
                     Recalling its previous resolutions and statements by its President concerning
               the situations in Liberia and Sierra Leone, in particular its resolution 1626 (2005)
               which authorized the deployment of United Nations Mission in Liberia (UNMIL)
               military personnel to Sierra Leone to provide security for the Special Court for
               Sierra Leone,
                    Welcoming the Secretary-General’s letter of 11 February 2011 (S/2011/74),
                     Expressing appreciation for the contribution of UNMIL military personnel,
               particularly the Mongolian UNMIL contingent, to the provision of security for the
               Special Court for Sierra Leone,
                     Noting that the Registrar of the Special Court informed the Secretariat by letter
               dated 13 October 2010 that the UNMIL military guard force would no longer be
               required beyond February 2011, and the request by the Government of Sierra Leone
               that withdrawal be postponed to late February or early March,
                    Acting under Chapter VII of the Charter of the United Nations,
                     1.   Decides to discontinue the authorization granted in paragraph 5 of
               resolution 1626 (2005), and requests that UNMIL withdraw, by 7 March 2011, the
               military personnel providing security for the Special Court for Sierra Leone;
                    2.    Further decides to discontinue the authorization and request to UNMIL
               in paragraph 7 of resolution 1626 (2005) to evacuate officials of the Special Court
               for Sierra Leone in the event of a serious security crisis affecting those personnel
               and the Court;
                     3.   Looks forward to the successful provision of security for the Court by
               local security personnel, and requests the United Nations Integrated Peacebuilding
               Office in Sierra Leone (UNIPSIL) to include, within existing security evacuation
               contingency arrangements, relevant officials of the Special Court for Sierra Leone.

11-25114 (E)
*1125114*

Security Council resolution 1971 (2011) [on withdrawal of military personnel providing security for the Special Court for Sierra Leone by the UN Mission in Liberia (UNMIL)]

UN Mission in Liberia|Special Court for Sierra Leone|UN Integrated Peacebuilding Office in Sierra Leone|Charter of the United Nations (1945). Chapter VII|STAFF SECURITY|BUILDING SECURITY|TROOP WITHDRAWAL|MILITARY PERSONNEL|INTERNATIONAL CRIMINAL COURTS|SIERRA LEONE

S/66 [301] SPECIAL COURT FOR SIERRA LEONE
S/66 [90] UN MISSION IN LIBERIA


               United Nations                                                                   S/RES/1972 (2011)
               Security Council                                               Distr.: General
                                                                              17 March 2011

               Resolution 1972 (2011)
               Adopted by the Security Council at its 6496th meeting, on
               17 March 2011

                    The Security Council,
                     Reaffirming all its previous resolutions and statements of its President
               concerning the situation in Somalia, in particular resolution 733 (1992), which
               established an embargo on all delivery of weapons and military equipment to
               Somalia (hereinafter referred to as the “Somalia arms embargo”), as elaborated and
               amended by subsequent relevant resolutions, as well as resolutions 1844 (2008) and
               1916 (2010),
                    Reaffirming its respect for the sovereignty, territorial integrity, political
               independence and unity of Somalia,
                     Condemning flows of weapons, ammunition supplies, and financial and
               technical assistance related to such supplies, to and through Somalia in violation of
               the arms embargo as a serious threat to peace and stability in Somalia,
                     Reiterating its insistence that all States, in particular those in the region,
               should refrain from any action in contravention of the Somalia arms embargo and
               take all necessary steps to hold violators accountable,
                   Calling upon all States to effectively implement the targeted measures
               imposed in resolution 1844 (2008),
                     Underscoring the importance of upholding the principles of neutrality,
               impartiality, humanity and independence in the provision of humanitarian
               assistance,
                    Noting the reviews conducted by the Security Council on the effects of the
               measures set out in paragraph 5 of resolution 1916, and noting the reports by the
               Humanitarian Aid Coordinator for Somalia dated 12 July 2010, 23 November 2010
               and 2 March 2011,
                     Determining that the situation in Somalia continues to constitute a threat to
               international peace and security in the region,
                    Acting under Chapter VII of the Charter of the United Nations,

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*1126683*

S/RES/1972 (2011)

                    1.    Stresses the obligation of all States to comply fully with the measures
               imposed by resolution 733 (1992) as elaborated and amended by subsequent
               relevant resolutions, and the measures imposed by resolution 1844 (2008);
                     2.   Reaffirms the obligation on all parties to promote and ensure compliance
               with international humanitarian law in Somalia;
                     3.   Underscores the importance of humanitarian aid operations, condemns
               any politicization of humanitarian assistance, or misuse or misappropriation, and
               calls upon Member States and the United Nations to take all feasible steps to
               mitigate these aforementioned practices in Somalia;
                     4.    Decides that for a period of sixteen months from the date of this
               resolution, and without prejudice to humanitarian assistance programmes conducted
               elsewhere, the obligations imposed on Member States in paragraph 3 of resolution
               1844 (2008) shall not apply to the payment of funds, other financial assets or
               economic resources necessary to ensure the timely delivery of urgently needed
               humanitarian assistance in Somalia, by the United Nations, its specialized agencies
               or programmes, humanitarian organizations having observer status with the United
               Nations General Assembly that provide humanitarian assistance, or their
               implementing partners;
                     5.   Requests the Emergency Relief Coordinator to report to the Security
               Council by 15 November 2011 and again by 15 July 2012 on the implementation of
               paragraphs 3 and 4 above, and on any impediments to the delivery of humanitarian
               assistance in Somalia, and requests relevant United Nations agencies and
               humanitarian organizations having observer status with the United Nations General
               Assembly that provide humanitarian assistance to assist the United Nations
               Humanitarian Aid Coordinator for Somalia in the preparation of such report by
               providing information relevant to paragraphs 3 and 4 above;
                    6.   Decides to remain actively seized of the matter.

2                                                                                11-26683

Security Council resolution 1972 (2011) [on arms embargo against Somalia and provision of humanitarian assistance]

UN|UN. Special Coordinator for Emergency Relief Operations in Somalia|UN. Humanitarian Aid Coordinator for Somalia|Charter of the United Nations (1945). Chapter VII|INTERNAL SECURITY|ARMS EMBARGO|SOMALIA|HUMANITARIAN ASSISTANCE|INTERNATIONAL HUMANITARIAN LAW|REPORT PREPARATION


               United Nations                                                                     S/RES/1973 (2011)
               Security Council                                                 Distr.: General
                                                                                17 March 2011

               Resolution 1973 (2011)
               Adopted by the Security Council at its 6498th meeting, on
               17 March 2011

                    The Security Council,
                    Recalling its resolution 1970 (2011) of 26 February 2011,
                    Deploring the failure of the Libyan authorities to comply with resolution 1970
               (2011),
                    Expressing grave concern at the deteriorating situation, the escalation of
               violence, and the heavy civilian casualties,
                    Reiterating the responsibility of the Libyan authorities to protect the Libyan
               population and reaffirming that parties to armed conflicts bear the primary
               responsibility to take all feasible steps to ensure the protection of civilians,
                     Condemning the gross and systematic violation of human rights, including
               arbitrary detentions, enforced disappearances, torture and summary executions,
                    Further condemning acts of violence and intimidation committed by the
               Libyan authorities against journalists, media professionals and associated personnel
               and urging these authorities to comply with their obligations under international
               humanitarian law as outlined in resolution 1738 (2006),
                     Considering that the widespread and systematic attacks currently taking place
               in the Libyan Arab Jamahiriya against the civilian population may amount to crimes
               against humanity,
                     Recalling paragraph 26 of resolution 1970 (2011) in which the Council
               expressed its readiness to consider taking additional appropriate measures, as
               necessary, to facilitate and support the return of humanitarian agencies and make
               available humanitarian and related assistance in the Libyan Arab Jamahiriya,
                    Expressing its determination to ensure the protection of civilians and civilian
               populated areas and the rapid and unimpeded passage of humanitarian assistance
               and the safety of humanitarian personnel,
                     Recalling the condemnation by the League of Arab States, the African Union,
               and the Secretary General of the Organization of the Islamic Conference of the
               serious violations of human rights and international humanitarian law that have been
               and are being committed in the Libyan Arab Jamahiriya,

11-26839 (E)
*1126839*

S/RES/1973 (2011)

                    Taking note of the final communiqué of the Organisation of the Islamic
               Conference of 8 March 2011, and the communiqué of the Peace and Security
               Council of the African Union of 10 March 2011 which established an ad hoc High
               Level Committee on Libya,
                     Taking note also of the decision of the Council of the League of Arab States of
               12 March 2011 to call for the imposition of a no-fly zone on Libyan military
               aviation, and to establish safe areas in places exposed to shelling as a precautionary
               measure that allows the protection of the Libyan people and foreign nationals
               residing in the Libyan Arab Jamahiriya,
                   Taking note further of the Secretary-General’s call on 16 March 2011 for an
               immediate cease-fire,
                     Recalling its decision to refer the situation in the Libyan Arab Jamahiriya
               since 15 February 2011 to the Prosecutor of the International Criminal Court, and
               stressing that those responsible for or complicit in attacks targeting the civilian
               population, including aerial and naval attacks, must be held to account,
                    Reiterating its concern at the plight of refugees and foreign workers forced to
               flee the violence in the Libyan Arab Jamahiriya, welcoming the response of
               neighbouring States, in particular Tunisia and Egypt, to address the needs of those
               refugees and foreign workers, and calling on the international 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 airspace of the
               Libyan Arab Jamahiriya constitutes an important element for the protection of
               civilians as well as the safety of the delivery of humanitarian assistance and a
               decisive step for the cessation of hostilities in Libya,
                    Expressing concern also for the safety of foreign nationals and their rights in
               the Libyan Arab Jamahiriya,
                     Welcoming the appointment by the Secretary General of his Special Envoy to
               Libya, Mr. Abdel-Elah Mohamed Al-Khatib and supporting his efforts to find a
               sustainable and peaceful solution to the crisis in the Libyan Arab Jamahiriya,
                     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 Jamahiriya continues 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;
                     2.    Stresses the need to intensify efforts to find a solution to the crisis which
               responds to the legitimate demands of the Libyan people and notes the decisions of
               the Secretary-General to send his Special Envoy to Libya and of the Peace and
               Security Council of the African Union to send its ad hoc High Level Committee to
               Libya with the aim of facilitating dialogue to lead to the political reforms necessary
               to find a peaceful and sustainable solution;

2                                                                                11-26839

                                                                                S/RES/1973 (2011)

                 3.   Demands that the Libyan authorities comply with their obligations under
           international law, including international humanitarian law, human rights and
           refugee law and take all measures to protect civilians and meet their basic needs,
           and to ensure the rapid and unimpeded passage of humanitarian assistance;

           Protection of civilians
                 4.   Authorizes Member States that have notified the Secretary-General,
           acting nationally or through regional organizations or arrangements, and acting in
           cooperation with the Secretary-General, to take all necessary measures,
           notwithstanding paragraph 9 of resolution 1970 (2011), to protect civilians and
           civilian populated areas under threat of attack in the Libyan Arab Jamahiriya,
           including Benghazi, while excluding a foreign occupation force of any form on any
           part of Libyan territory, and requests the Member States concerned to inform the
           Secretary-General immediately of the measures they take pursuant to the
           authorization conferred by this paragraph which shall be immediately reported to
           the Security Council;
                 5.   Recognizes the important role of the League of Arab States in matters
           relating to the maintenance of international peace and security in the region, and
           bearing in mind Chapter VIII of the Charter of the United Nations, requests the
           Member States of the League of Arab States to cooperate 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 of the Libyan
           Arab Jamahiriya in order to help protect civilians;
                 7.    Decides further that the ban imposed by paragraph 6 shall not apply to
           flights whose sole purpose is humanitarian, such as delivering or facilitating the
           delivery of assistance, including medical supplies, food, humanitarian workers and
           related assistance, or evacuating foreign nationals from the Libyan Arab Jamahiriya,
           nor shall it apply to flights authorised by paragraphs 4 or 8, nor other flights which
           are deemed necessary by States acting under the authorisation conferred in
           paragraph 8 to be for the benefit of the Libyan people, and that these flights shall be
           coordinated with any mechanism established under paragraph 8;
                8.    Authorizes Member States that have notified the Secretary-General and
           the Secretary-General of the League of Arab States, acting nationally or through
           regional organizations or arrangements, to take all necessary measures to enforce
           compliance with the ban on flights imposed by paragraph 6 above, as necessary, and
           requests the States concerned in cooperation with the League of Arab States to
           coordinate closely with the Secretary General on the measures they are taking to
           implement this ban, including by establishing an appropriate mechanism for
           implementing the provisions of paragraphs 6 and 7 above,
                 9.   Calls upon all Member States, acting nationally or through regional
           organizations or arrangements, to provide assistance, including any necessary overflight approvals, for the purposes of implementing paragraphs 4, 6, 7 and 8 above;
                10. Requests the Member States concerned to coordinate closely with each
           other and the Secretary-General on the measures they are taking to implement

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S/RES/1973 (2011)

               paragraphs 4, 6, 7 and 8 above, including practical measures for the monitoring and
               approval of authorised humanitarian or evacuation flights;
                    11. Decides that the Member States concerned shall inform the Secretary-General and the Secretary-General of the League of Arab States immediately of
               measures taken in exercise of the authority conferred by paragraph 8 above,
               including to supply a concept of operations;
                     12. Requests the Secretary-General to inform the Council immediately of any
               actions taken by the Member States concerned in exercise of the authority conferred
               by paragraph 8 above and to report to the Council within 7 days and every month
               thereafter on the implementation of this resolution, including information on any
               violations of the flight ban imposed by paragraph 6 above;

               Enforcement of the arms embargo
                     13. Decides that paragraph 11 of resolution 1970 (2011) shall be replaced by
               the following paragraph : “Calls upon all Member States, in particular States of the
               region, acting nationally or through regional organisations or arrangements, in order
               to ensure strict implementation of the arms 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 the State concerned has information that provides reasonable grounds
               to believe that 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 this
               resolution, including the provision of armed mercenary personnel, calls upon all
               flag States of such vessels and aircraft to cooperate with such inspections and
               authorises Member States to use all measures commensurate to the specific
               circumstances to carry out such inspections”;
                     14. Requests Member States which are taking action under paragraph 13
               above on the high seas to coordinate closely with each other and the Secretary-General and further requests the States concerned to inform the Secretary-General
               and the Committee established pursuant to paragraph 24 of resolution 1970 (2011)
               (“the Committee”) immediately of measures taken in the exercise of the authority
               conferred by paragraph 13 above;
                    15. Requires any Member State whether acting nationally or through regional
               organisations or arrangements, when it undertakes an inspection pursuant to
               paragraph 13 above, to submit promptly an initial written report to the Committee
               containing, in particular, explanation of the grounds for the inspection, the results of
               such inspection, 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;
                    16. Deplores the continuing flows of mercenaries into the Libyan Arab
               Jamahiriya and calls upon all Member States to comply strictly with their
               obligations under paragraph 9 of resolution 1970 (2011) to prevent the provision of
               armed mercenary personnel to the Libyan Arab Jamahiriya;

4                                                                                11-26839

                                                                                S/RES/1973 (2011)

           Ban on flights
                 17. Decides that all States shall deny permission to any aircraft registered in
           the Libyan Arab Jamahiriya or owned or operated by Libyan nationals or companies
           to take off from, land in or overfly their territory unless 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 to take off
           from, land in or overfly their territory, if they have information that provides
           reasonable grounds to believe that the aircraft contains items the supply, sale,
           transfer, or export of which is prohibited by paragraphs 9 and 10 of resolution 1970
           (2011) as modified by this resolution, including the provision of armed mercenary
           personnel, except in the case of an emergency landing;

           Asset freeze
                 19. Decides that the asset freeze imposed by paragraph 17, 19, 20 and 21 of
           resolution 1970 (2011) shall apply to all funds, other financial assets and economic
           resources which are on their territories, which are owned or controlled, directly or
           indirectly, by the Libyan authorities, as designated by the Committee, or by
           individuals or entities acting on their behalf or at their direction, or by entities
           owned or controlled by them, as designated by the Committee, and decides further
           that all States shall ensure that any funds, financial assets or economic resources are
           prevented from being made available by their nationals or by any individuals or
           entities within their territories, to or for the benefit of the Libyan authorities, as
           designated by the Committee, or individuals or entities acting on their behalf or at
           their direction, or entities owned or controlled by them, as designated by the
           Committee, and directs the Committee to designate such Libyan authorities,
           individuals or entities within 30 days of the date of the adoption of this resolution
           and as appropriate thereafter;
                20. Affirms its determination to ensure that assets frozen pursuant to
           paragraph 17 of resolution 1970 (2011) shall, at a later stage, as soon as possible be
           made available to and for the benefit of the people of the Libyan Arab Jamahiriya;
                 21. Decides that all States shall require their nationals, persons subject to
           their jurisdiction and firms incorporated in their territory or subject to their
           jurisdiction to exercise vigilance when doing business with entities incorporated in
           the Libyan Arab Jamahiriya or subject to its jurisdiction, and any individuals or
           entities acting on their behalf or at their direction, and entities owned or controlled
           by them, if the States have information that provides reasonable grounds to believe
           that such business could contribute to violence and use of force against civilians;

           Designations
                 22. Decides that the individuals listed in Annex I shall be subject to the
           travel restrictions imposed in paragraphs 15 and 16 of resolution 1970 (2011), and
           decides further that the individuals and entities listed in Annex II shall be subject to
           the asset freeze imposed in paragraphs 17, 19, 20 and 21 of resolution 1970 (2011);
                23. Decides that the measures specified in paragraphs 15, 16, 17, 19, 20 and
           21 of resolution 1970 (2011) shall apply also to individuals and entities determined
           by the Council or the Committee to have violated the provisions of resolution 1970

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S/RES/1973 (2011)

               (2011), particularly paragraphs 9 and 10 thereof, or to have assisted 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 the following tasks:
                    (a) Assist the Committee in carrying out its mandate as specified in
               paragraph 24 of resolution 1970 (2011) and this resolution;
                     (b) Gather, examine and analyse information from States, relevant United
               Nations bodies, regional organisations and other interested parties regarding 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 the Committee or
               State, may consider to improve implementation of the relevant measures;
                     (d) Provide to the Council an interim report on its work no later than 90 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 and recommendations;
                     25. Urges all States, relevant United Nations bodies and other interested
               parties, to cooperate fully with the Committee and the Panel of Experts, in particular
               by supplying any information at their disposal on the implementation of the
               measures decided in resolution 1970 (2011) and this resolution, in particular
               incidents of non-compliance;
                     26. Decides that the mandate of the Committee as set out in paragraph 24 of
               resolution 1970 (2011) shall also apply to the measures decided in this resolution;
                     27. Decides that all States, including the Libyan Arab Jamahiriya, shall take
               the necessary measures to ensure that no claim shall lie at the instance of the Libyan
               authorities, or of any person or body in the Libyan Arab Jamahiriya, or of any
               person claiming through or for the benefit of any such person or body, in connection
               with any contract or other transaction where its performance 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 authorities under
               continuous review and underlines its readiness to review at any time the measures
               imposed by this resolution and resolution 1970 (2011), including by strengthening,
               suspending or lifting those measures, as appropriate, based on compliance by the
               Libyan authorities with this resolution and resolution 1970 (2011).
                    29.   Decides to remain actively seized of the matter.

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                                                                                S/RES/1973 (2011)

Libya: UNSCR proposed designations

Number Name                            Justification                         Identifiers

Annex I: Travel Ban

1          QUREN SALIH QUREN           Libyan Ambassador to Chad. Has
           AL QADHAFI                  left Chad for Sabha. Involved
                                       directly in recruiting and
                                       coordinating mercenaries for the
                                       regime.
2          Colonel AMID HUSAIN         Governor of Ghat (South Libya).
           AL KUNI                     Directly involved 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     Position: Defence Minister          Title: Major General DOB: --/--/1952.
            Bakr Yunis                                                       POB: Jalo, Libya
3           Matuq, Matuq                 Position: Secretary for Utilities   DOB: --/--/1956. POB: Khoms
            Mohammed
4           Qadhafi, Mohammed            Son of Muammar Qadhafi.             DOB: --/--/1970. POB: Tripoli, Libya
            Muammar                      Closeness of association with
                                         regime
5           Qadhafi, Saadi               Commander Special Forces. Son       DOB: 25/05/1973. POB: Tripoli, Libya
                                         of Muammar Qadhafi. Closeness
                                         of association with regime.
                                         Command of military units
                                         involved in repression of
                                         demonstrations
6           Qadhafi, Saif al-Arab        Son of Muammar Qadhafi.             DOB: --/--/1982. POB: Tripoli, Libya
                                         Closeness of association with
                                         regime
7           Al-Senussi, Colonel          Position: Director Military         Title: Colonel DOB: --/--/1949.
            Abdullah                     Intelligence                        POB: Sudan
Entities

1           Central Bank of Libya        Under control of Muammar
                                         Qadhafi and his family, and
                                         potential source of funding for
                                         his regime.

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S/RES/1973 (2011)

Number   Name                   Justification                     Identifiers

2        Libyan Investment      Under control of Muammar          a.k.a: Libyan Arab Foreign Investment
         Authority              Qadhafi and his family, and       Company (LAFICO) Address: 1 Fateh
                                potential source of funding for   Tower Office, No 99 22nd Floor,
                                his regime.                       Borgaida Street, Tripoli, Libya, 1103
3        Libyan Foreign Bank    Under control of Muammar
                                Qadhafi and his family and a
                                potential source of funding for
                                his regime.
4        Libyan Africa          Under control of Muammar          Address: Jamahiriya Street, LAP
         Investment Portfolio   Qadhafi and his family, and       Building, PO Box 91330, Tripoli, Libya
                                potential source of funding for
                                his regime.
5        Libyan National Oil    Under control of Muammar          Address: Bashir Saadwi Street, Tripoli,
         Corporation            Qadhafi and his family, and       Tarabulus, Libya
                                potential source of funding for
                                his regime.

8                                                                                11-26839

Security Council resolution 1973 (2011) [on establishment of a ban on flights in the Libyan Arab Jamahiriya airspace]

African Union. Peace and Security Council|League of Arab States|UN. Secretary-General|UN. Security Council Committee Established pursuant to Resolution 1970 (2011) concerning Libya|UN. Panel of Experts Established pursuant to Security Council Resolution 1973 (2011)|Charter of the United Nations (1945)|Charter of the United Nations (1945). Chapter VII|INTERNAL SECURITY|CEASEFIRES|HUMAN RIGHTS IN ARMED CONFLICTS|LIBYA|INTERNATIONAL HUMANITARIAN LAW|HUMAN RIGHTS|TRAVEL RESTRICTIONS|ARMS EMBARGO|FROZEN ASSETS|MERCENARIES|SANCTIONS