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Wednesday, September 21, 2016

De Mistura: Opposition needs to understand transition is not solely about Assad


Staffan de Mistura
Special Envoy of the Secretary-General on Syria
Remarks to meeting of the Security Council
21 September 2016
Mr. President,
The Secretary-General has spoken powerfully about this terrible conflict and of the need to open the road to political talks that focus on the fundamental issues for a viable transition. He has requested me to be ready to present to the parties a draft framework of proposals as a starting point for negotiations for a Syrian-owned and Syrian-led political transition. And I am ready.

Let me offer a few observations in this regard.

Firstly, the United Nations has done its due diligence to understand the needs and fears of the sides, even if their starting positions cannot be satisfied.  Over the last two years it has engaged extensively with Syrian stakeholders, whether in the Geneva Consultations or in three rounds of formal proximity talks, technical discussions, shuttle diplomacy in the region, or through the ISSG and 18 Special Envoys. I have taken account of the inputs made in this engagement.

Secondly, it should be noted that remarkable points of convergence have emerged from intra-Syrian talks about what essential governing principles should frame transition and any end-state constitutional arrangement for Syria in the future. These commonalities demonstrate how close the sides visions are - of an open, civil, all-inclusive, non-sectarian, pluralist, democratic, unified state, based upon the rule of law, in which all components of Syrian society are recognized, respected and whose fundamental freedoms are enshrined and protected in a new constitution.

Third, in round three both sides accepted that the agenda was political transition. The Secretary-General referred to the Mediator’s Summary which captured further commonalities on transition and set out the issues that need to be addressed for a viable transition. As we know that Summary was subsequently endorsed by the ISSG as “the basis for the next round of the intra-Syrian negotiations,” which thereafter urged the parties “to reach agreement on a framework for a genuine political transition.” It was within this context that on 26 July the ISSG requested that I develop proposals.

Mr President
As soon as talks resume, it is my intention to put proposals to the sides as a starting point for negotiations and as a means by which to move to direct talks. The Secretary General takes the view that nothing short of presenting a draft framework will move the sides towards negotiating a transition.

Fourth, it follows that any proposals I present would proceed upon the basis that the conflict in Syria cannot be resolved military but only through a Syrian owned and led political negotiating process between the Government and the Opposition, in which a framework is agreed, based upon mutual consent, capable of effecting a genuine, irreversible political transition leading to a new constitution and free and fair elections, while preserving the continuity and reform of state institutions, in accordance with Security Council Resolution 2254.

Fifth, in our view any viable transition must inevitably:

(a) address how power is to be exercised in practice by transitional governance, including in relation to the presidency, executive powers and control over government and security institutions;

(b) involve power being shared, devolved and gradually exercised during transition in an agreed manner, in accordance with good governance principles, and subject to domestic and international guarantees;

(c) require the creation of collective transitional bodies to oversee a national ceasefire, humanitarian relief and the creation of a calm, neutral environment to enable free peaceful political activity to occur in relation the adoption of a constitution and the holding over free and fair elections;

(d)be accompanied by sustained international efforts to help reconstruct Syria as soon as genuine and verifiable transition gets underway.

The Opposition therefore needs to understand that transition is not solely about one person or the transfer of power from one political faction to another. While the Government needs to understand that transition involves a genuine devolution of power and not just the absorption of the Opposition into a government ruled by one man. It is about how power should be exercised differently as Syria moves forward.

Above all both sides need to recognise that any transition needs to be all-inclusive and agreed through mutual consent. I therefore appeal to all of you in this Council to reflect carefully on what the Secretary-General has said and the few points I have added, and to do all you can tohelp the Syrian parties to understand that if peace is to be made, if they are to save their country, if there is to be a transition, it will require a genuine readiness to negotiate and to compromise, and that this framework approach will be intended to provide them with that opportunity.
Thank you, Mr. President.
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Thursday, August 25, 2016

In a letter to Ban, Libyan Parliament warns of suing the UN

Libyan House of Representatives
22/08/2016 
H.E. Ban Ki Moon
Secretary General of the UN
New York

Excellency,
Further to my letter of 7 July 2016, I would like to draw your attention that the premature and unjustifiable recognition by the UN Security Council in its resolution 2259 (2015) of the Government of National Accord, before it is constituted and approved, does not give the right to the UN Secretariat to violate the Libyan Constitution and the Charter of the UN, by imposing a group of individuals on the Libyan people, under the name of the GNA to replace the legitimate government, and inviting them to represent Libya at the UN meetings.

Thousands o f Libyans sacrificed their lives to get rid o f the dictatorship and establish the rule of law. The Libyans will not accept any new dictatorship even if it comes through the UN Secretariat who chose to trample the Libyan constitutional declaration and violate the Libyan political agreement to accommodate the wish o f certain countries and their interests.

The UN is well aware that the so called GNA does not exist legally and physically. What exists is a Presidential Council designated who has not yet took oath before the Parliament, never met in full membership, and never took any decision by consensus among its nine members as provided for in the Political Agreement. Furthermore the Presidential Council is obliged by article 2 of the Governing Principles of the PA to the full commitment to the Constitutional Declaration which still gives all executive and legislative powers to the House of Representatives. This situation will continue to prevail until the Political Agreement is integrated into the Constitutional Declaration pursuant to the dispositions of the Political agreement itself.

The Presidential Council can never be the Government, nor can it be the head of a non-existing entity. The eighteen proposed ministers have not yet been approved by the House of Representatives. Four of them withdrew their names from the proposed government, while those who started working as acting ministers have no legal bases to act as ministers.

The president and the members of the Presidential Council are a group of individuals agreed upon by the participants in the Libyan political dialogue to lead, in a consensual way, a government of national accord to be formed latter, not to qe themselves the Government ofNational Accord. Thus no internal or external entity can pretend that they are the legitimate government of Libya, or they have the right to represent Libya in International Fora. Their decisions cannot be legitimate even if taken by consensus.

We agree with all that the international support to any government of national accord is needed, but it should not be an alternative to the legal and constitutional framework in effect.

The last months proved that the United Nations' unconditional and unjustifiable support to the incomplete Presidential Council has encouraged them to violate the Political Agreement and submit to the will of the armed groups in Tripoli which led to more deterioration of the security situation and the living conditions of the Libyan citizens.

Actions taken by the UN Secretariat with regard to the representation of Libya in the Organization's meetings make it part of the Libyan problem, and could complicate further the Libyan political scene, contribute to prolong the division and impede all initiatives to resolve the Libyan crisis. I f this stubborn attitude o f the UN persists the House of Representatives will be obliged to sue the United Nations before the International Court of Justice for violating the United Nations Charter and the Libyan Constitution as well as the Libyan sovereignty.

Please accept, Excellency, the assurances of my highest considerations.

Agila Saleh Issa
President of the House of Representatives

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Wednesday, August 10, 2016

Russian Counter Draft on Aleppo: Fighting Terrorism, Cooperation with Syrian Government

The Members of the Security Council were briefed by the Secretary General’s Special Envoy for Syria, Staffan de Mistura and Under Secretary General for Humanitarian Affairs and Emergency Relief coordinator Stephen O’Brien on 9 August 2016.

The members of the Security Council underscored their strong resolve to combat the terrorist threat faced by Syria by all means in accordance with their obligations under the UN Charter and international law. In this regard they called on all opposition groups to immediately disengage from terrorists, halt supporting them and engaging in their actions and recalled that, according to its counterterrorism resolutions, such support or engagement may lead to further listings under its sanctions regime.

The Members of the UN Security Council reiterate their resolve to address all aspects of the dire humanitarian situation in Syria, which has deteriorated due to the increase in terrorist activities . Members of the Security Council reiterated their call for immediate, unhindered and complete humanitarian access to all areas of Syria, the immediate lifting of all sieges, including to all areas of Aleppo – regardless of the controlling party. As one element of the comprehensive efforts to achieve this, the Members of the Security Council expressed their support for the call of Under Secretary General for Humanitarian Affairs, Stephen O'Brien, that all parties abide by recurring substantial pauses in fighting to ensure sustained humanitarian deliveries via cross line and cross border convoys to Aleppo can commence safely and effectively. 

The members of the Security Council underscored the imperative to ensure the exclusively humanitarian nature of convoys and called to immediately take exhaustive measures in order to prevent foreign terrorist fighters from crossing borders and stop illegal flow of weapons into Syria.

The Members of the Security Council welcomed all initiatives aimed at improving the humanitarian situation in Syria and also stressed that any humanitarian initiative must operate according to humanitarian principles and be led by impartial humanitarian actors acting in close cooperation with the government of the Syrian Arab Republic. Any proposed humanitarian initiatives for civilians to escape the fighting must be guaranteed by all sides and independently implemented and monitored, and all civilians should be guaranteed voluntary, free movement, including the right to choose their route and destination, if they choose to leave. They stressed the need to demilitarize medical facilities, schools and other civilian objects and avoid establishing military positions in populated areas and using civilian population as human shield. Humanitarian aid must be delivered to the population wherever they may be, irrespective of whether they chose to leave or remain in Aleppo.

Тhе members of the Security Council noted with appreciation that warring parties in over 300 locations throughout Syria had signed cease-fire agreements and encouraged all sides in Aleppo to follow the suit.

The members of the security council underlined that any long-term alleviation of the dire humanitarian situation cannot be achieved without lifting unilateral sanctions imposed on the Syrian Arab Republic.

The Members of the Security Council reiterated their support for the Humanitarian Task force of the International Syria Support Group and called on all parties to cooperate with its efforts to ensure immediate, unhindered and complete humanitarian access and the efforts of the ISSG members to revive the Cessation of Hostilities. Members of the Security Council noted that the aforementioned pauses will not apply to offensive or defensive actions against Islamic State in Iraq and the Levant (ISIL, also known as Da’esh), Al-Nusra Front (ANF), and all other individuals, groups, undertakings, and entities associated with Al Qaeda or ISIL, and other terrorist groups, as designated by the Security Council. 

The Members of the Security Council underscored that the situation will continue to deteriorate in the absence of a political solution and reaffirmed its support for a Syrian-led political process facilitated by the United Nations.
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UK draft statement on Aleppo: Truce and immediate access

The Members of the UN Security Council reiterate their resolve to address all aspects of the dire humanitarian situation in Syria, with particular regard to the gravely deteriorating situation in Aleppo. 

The Members of the Security Council reiterated their call for immediate, unhindered and complete humanitarian access to all areas of Syria, the immediate lifting of all sieges, including to all areas of Aleppo – regardless of the controlling party.  As one element of the comprehensive efforts to achieve this, the Members of the Security Council expressed their support for the call of Under Secretary General for Humanitarian Affairs, Stephen O'Brien, that all parties abide by recurring substantial pauses in fighting to ensure sustained humanitarian deliveries via cross line and cross border convoys to Aleppo can commence safely and effectively.

The Members of the Security Council also stressed that any humanitarian initiative must operate according to humanitarian principles and be led by impartial humanitarian actors. Any proposed humanitarian initiatives for civilians to escape the fighting must be guaranteed by all sides and independently implemented and monitored, and all civilians should be guaranteed voluntary, free movement, including the right to choose their route and destination, if they choose to leave. Humanitarian aid must be delivered to the population wherever they may be, irrespective of whether they chose to leave or remain in Aleppo.


The Members of the Security Council reiterated their support for the Humanitarian Task force of the International Syria Support Group and called on all parties to cooperate with its efforts to ensure immediate, unhindered and complete humanitarian access and the efforts of the ISSG members to revive the Cessation of Hostilities. Members of the Security Council noted that the aforementioned pauses will not apply to offensive or defensive actions against Islamic State in Iraq and the Levant (ISIL, also known as Da’esh), Al-Nusra Front (ANF), and all other individuals, groups, undertakings, and entities associated with Al Qaeda or ISIL, and other terrorist groups, as designated by the Security Council.
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Friday, July 22, 2016

Resolution 2298: Destruction of Gaddafi's Chemical Weapons

United Kingdom of Great Britain and Northern Ireland:
draft resolution
The Security Council,
Recalling its resolution 1970 (2011) and all its subsequent resolutions on Libya, and support for the Government of National Accord,
Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Libya,
Recalling the objective of the Convention on the Prohibition of the Development, Production, Stockpiling and use of Chemical Weapons and on their Destruction (the “Chemical Weapons Convention”) to exclude completely the possibility of the use of chemical weapons,
Recalling Libya’s accession to the Chemical Weapons Convention in 2004, and the subsequent decisions of the Organization for the Prohibition of Chemical Weapons (OPCW) Executive Council concerning the destruction of Libya’s declared chemical weapons, including precursors and notes the need for continued progress in this regard to ensure the complete destruction of Libya’s chemical weapons,
Welcoming the decision EC-M- 52/DEC/CRP.1 of the Executive Council of the Organisation for the Prohibition of Chemical Weapons (OPCW) of 20 July on the “Destruction of Libya’s Remaining Chemical Weapons”,
Noting a letter dated 16 July from the Libyan National Authority for the Chemical Weapons Convention to the OPCW Director-General informing the Secretariat of the movement of all of its remaining chemical weapons to a storage site in the north of the country, requesting the assistance and support of the Secretariat and States Parties to the Chemical Weapons Convention in ensuring the destruction of Libya’s remaining category 2 chemical weapons on an expedited basis, and expressing the intent of Libya to cooperate fully with the OPCW,
Recalling the joint announcement, dated 4 February 2014, by Libya and OPCW on the complete destruction of Libya’s category 1 chemical weapons, Determining that the potential for acquisition by non-State actors of chemical weapons in Libya represents a threat to international peace and security,
Acting under Chapter VII of the Charter of the United Nations,

1. Endorses the decision EC-M- 52/DEC/CRP.1 of the Executive Council of the OPCW on 20 July requesting the Director-General to assist Libya in developing a modified plan of destruction of Libya’s chemical weapons, that will be considered by the Executive Council, along with recommendations from the Director General for additional measures needed to ensure the expeditious transport, storage and destruction of Libya’s chemical weapons and expressing the Executive Council’s determination to ensure the destruction of Libya’s chemical weapons stockpile in a safe and expeditious manner;
2. Encourages Member States to assist the Government of National Accord in providing support, including personnel, technical expertise, information, equipment, and financial and other resources and assistance, in coordination with the Director-General of the OPCW, to enable the OPCW to implement the elimination of Libya’s category 2 chemical weapons safely and in the soonest practicable timescale;
3. Decides to authorize Member States to acquire, control, transport, transfer and destroy chemical weapons identified by the Director-General of the OPCW, consistent with the objective of the Chemical Weapons Convention, to ensure the elimination of Libya’s chemical weapons stockpile in the soonest and safest manner, with appropriate consultations with the Government of National Accord;
4. Requests the Director-General of the OPCW, through the Secretary- General, to report to the Security Council, on activities related to the implementation of OPCW Executive Council Decision EC-M- 52/DEC/CRP.1 of this resolution on a regular basis until the destruction of the remaining chemical weapons is complete and verified;
5. Reminds Member States of their obligation under Resolution 1540 (2004) that all States shall take and enforce effective measures to establish domestic controls to prevent the proliferation of nuclear, chemical or biological weapons and their means of delivery, and reaffirms its decision that Member States shall inform the Security Council immediately of any violation of resolution 1540 including acquisition by non-State actors of chemical weapons, their means of delivery and related materials;
6. Decides to remain seized of the matter.
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Tuesday, June 14, 2016

UN: Direct interactions between Israeli Army and Syrian opposition in Golan


8 June 2016
Report of the Secretary-General on the United Nations 
Disengagement Observer Force for the period from 1 March to 20 May 2016

I. Introduction
1. The present report gives an account of the activities of the United Nations Disengagement Observer Force (UNDOF) during the past three months, pursuant to the mandate contained in Security Council resolution 350 (1974) and extended in subsequent resolutions, most recently resolution 2257 (2015).

II. Situation in the area and activities of the Force
2. During the reporting period, the ceasefire between Israel and the Syrian Arab Republic was maintained, albeit in a continuously volatile environment attributable to the ongoing conflict in the Syrian Arab Republic and notwithstanding a significant number of violations of the Agreement on Disengagement between Israeli and Syrian Forces (Disengagement of Forces Agreement) of 1974, which are set out below. The Syrian Arab Armed Forces and non-State armed opposition groups engaged in exchanges of heavy weapon fire in the area of separation and the area of limitation. Different armed groups, including the listed terrorist group Nusrah Front and the Yarmouk Martyrs Brigade, which pledged allegiance to Islamic State in Iraq and the Levant, continued to exchange fire in the UNDOF area of operation. Inside the area of separation, the presence of the Syrian armed forces and military equipment, as well as any other armed personnel and military equipment other than that of UNDOF, is in violation of the Disengagement of Forces Agreement. As underscored by the Security Council in its resolution 2257 (2015), there should be no military activity of any kind in the area of separation.
3. In employing its best efforts to maintain the ceasefire and see that it is scrupulously observed, as prescribed in the Disengagement of Forces Agreement, UNDOF reports all breaches of the ceasefire line. All incidents of firing into the area of separation and across the ceasefire line, as well as the crossing by individuals of the ceasefire line, are violations of the Disengagement of Forces Agreement. In his regular interaction with both sides, the Force Commander continued to call upon both parties to exercise restraint and prevent any miscalculations that might lead to an escalation of the situation across the ceasefire line.  
4. A number of incidents of note occurred across the ceasefire line in violation of the Disengagement of Forces Agreement. On two occasions, Israel Defense Forces soldiers fired small arms shots at persons carrying out activities close to the ceasefire line on the Bravo side. On 28 February, United Nations personnel at position 80 observed three persons on the Bravo side, close to the ceasefire line, with two of them removing metal poles from the ground. Subsequently, an Israel Defense Forces soldier on foot, approximately 700 metres from United Nations position 80, fired a single shot that impacted close to the third person, who immediately boarded a vehicle and drove off from the location with the other two individuals. On 23 March, United Nations personnel at position 80 also observed an Israel Defense Forces patrol fire two rounds of gunfire in the general direction of three persons working in a field in the area of separation close to the ceasefire line. The three persons immediately left the area in the direction of Rafid village.
5. Crossing of the ceasefire line by civilians, primarily shepherds, from the Bravo side to the Alpha side was observed on an almost daily basis. On a number of occasions on 9, 10 and 28 March and 11 April, United Nations personnel at observation post 54 observed interaction at the Israeli technical fence between the Israel Defense Forces personnel and individuals from the Bravo side, some of whom were armed. The interactions involved vehicles from the Bravo side driving to an Israeli technical fence gate. United Nations personnel at observation post 51 observed, on 20 April, five Israel Defense Forces soldiers escort an unarmed individual to a gate in the Israeli technical fence, which they subsequently opened for the unarmed person to cross from the Alpha side into the area of separation. The individual was then picked up on the Bravo side by a person in a vehicle that drove off towards the village of Ruwayhinah.

Security Council resolution 2292 on Sophia Operation/ Libya

United Kingdom of Great Britain and Northern Ireland:
draft resolution

The Security Council,
Recalling the arms embargo on Libya which was imposed, modified and reaffirmed by resolutions 1970 (2011), 1973 (2011), 2009 (2011), 2040 (2012), 2095 (2013), 2144 (2014), 2174 (2014), 2213 (2015), 2214 (2015), and 2278 (2016),
Recalling resolution 2259 (2015) which welcomed the signing of the 17 December 2015 Libyan Political Agreement of Skhirat, Morocco and endorsed the Rome Communiqué of 13 December 2015 to support the Government of National Accord (“GNA”) as the sole legitimate government of Libya, that should be based in Tripoli, reiterating its support for the full implementation of the Libyan Political Agreement, and further expressing its determination in this regard to support the GNA,
Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Libya,
Reiterating its grave concern at the growing threat of terrorist groups in Libya proclaiming allegiance to Islamic State in Iraq and the Levant (ISIL) (also known as Da’esh), the growing trend of groups associating themselves with it, as well as the continued presence of other Al-Qaida-linked terrorist groups and individuals operating there, and recalling, in this regard, the obligations under resolution 2253 (2015),
Recalling its resolution 2178 (2014), in particular paragraph 5 of that resolution, and expressing concern that the flow of foreign terrorist fighters to Libya can increase the intensity, duration and complexity of the conflict and pose a serious threat to their States of origin, transit, and travel,
Expressing deep concern at the threat posed by unsecured arms and ammunition in Libya and their proliferation, which undermines stability in Libya and the region, including through their transfer to armed groups in violation of the arms embargo, and underlining the importance of coordinated international support to Libya and the region to address these issues,
Expressing concern that the situation in Libya is exacerbated by the smuggling of illegal arms and related materiel in violation of the arms embargo, underlining its concern at the allegations of violations of the arms embargo by sea, land, or air, and expressing further concern that such arms and related materiel are being used by terrorist groups operating in Libya, including by ISIL,
Welcoming the Vienna Communiqué of 16 May 2016 which recognizes the necessity of enhanced coordination efforts between the legitimate Libyan military and security forces, urges them to work quickly to implement a unified command in accordance with the Libyan Political Agreement to coordinate in the fight against Da’esh and UN-designated terrorist groups in Libyan territory, and underlines that the GNA has voiced its intention to submit appropriate arms embargo exemption requests to the Committee established pursuant to resolution 1970 (2011) (“the Committee”) to procure necessary lethal arms and materiel to counter UN-designated terrorist groups and to combat Da’esh throughout Libya,
Recalling that international law, as reflected in the United Nations Convention on the Law of the Sea of 10 December 1982, sets out the legal framework applicable to activities in the ocean,
Reiterating its request in resolution 2278 (2016) to the GNA to appoint a focal point to brief the Committee at its request and provide information relevant to the Committee’s work on the structure of the security forces under its control, consolidated procurement procedures, the infrastructure in place to ensure the safe storage, registration, maintenance and distribution of military equipment by the Government security forces, and training needs, and emphasizes the importance of the GNA exercising control over and safely storing arms, with the support of the international community,
Affirming that the GNA may submit exemption requests under paragraph 8 of resolution 2174 (2014) for the supply, sale or transfer of arms and related materiel, including related ammunition and spare parts, for use by the national security forces under its control to, inter alia, combat ISIL (the Islamic State in Iraq and the Levant, also known as Da’esh), groups that have pledged allegiance to ISIL, Ansar Al Sharia, and other groups associated with Al-Qaida operating in Libya, and calls upon the Committee established pursuant to paragraph 24 of resolution 1970 (2011) to consider expeditiously such requests in accordance with its rules and procedures,
Affirming that, pursuant to paragraph 10 of resolution 2095 (2013), the supplies of non-lethal military equipment and the provision of any technical assistance, training or financial assistance, when intended solely for security or disarmament assistance to the GNA and the national security forces under its control, shall be exempt from prior notification to and approval by the Committee,
Taking note of the final report of the Panel of Experts S/2016/209 established by paragraph 24 of resolution 1973 (2011) and modified by resolution 2040 (2012) submitted pursuant to paragraph 24 (d) of resolution 2213 (2015), and the findings and recommendations contained therein, in particular the Panel’s report of regular violations of the arms embargo despite reinforcement of the measures,
Taking note of the decision of the Council of the European Union on 23 May 2016 to extend the mandate of EUNAVFOR MED Operation Sophia by one year and to add further supporting tasks to its mandate, including the implementation of the UN arms embargo on the high seas off the coast of Libya,
Mindful of its primary responsibility for the maintenance of international peace and security under the Charter of the United Nations,
Reaffirming its determination that terrorism, in all forms and manifestations, constitutes one of the most serious threats to peace and security,
Acting under Chapter VII of the Charter of the United Nations,
1. Condemns the flows of arms and related materiel transferred to or from Libya in violation of the arms embargo, including to ISIL and other terrorist groups in Libya;
2. Urges Member States to combat by all means, in accordance with their obligations under the Charter of the United Nations and other obligations under international law, including international human rights law, international refugee law and international humanitarian law, threats to international peace and security caused by terrorist acts;
3. Decides, with a view to addressing the threat posed by unsecured arms and ammunitions in Libya and their proliferation, to authorize, in these exceptional and specific circumstances for a period of 12 months from the date of this resolution Member States, acting nationally or through regional organizations, with appropriate consultations with the GNA, in order to ensure strict implementation of the arms embargo on Libya, to inspect, without undue delay, on the high seas off the coast of Libya, vessels bound to or from Libya which they have reasonable grounds to believe are carrying arms or related materiel to or from Libya, directly or indirectly, in violation of paragraphs 9 or 10 of resolution 1970 (2011), as modified by paragraph 13 of 2009 (2011), paragraphs 9 and 10 of 2095 (2013) and paragraph 8 of 2174 (2014), provided that those Member States make good-faith efforts to first seek the consent of the vessel’s flag State prior to any inspections pursuant to this paragraph, and calls upon all flag States of above-mentioned vessels to cooperate with such inspections;
4. Authorizes Member States, acting nationally or through regional organizations, conducting inspections pursuant to paragraph 3, to use all measures commensurate to the specific circumstances to carry out such inspections, in full compliance with international humanitarian law and international human rights law, as applicable, and urges Member States conducting such inspections to do so without causing undue delay to or undue interference with the exercise of freedom of navigation;
5. Authorizes all Member States, acting nationally or through regional organizations, to, and decides that all such Member States shall, upon discovery of items prohibited by paragraph 9 or 10 of resolution 1970, as modified by paragraph 13 of 2009 (2011), paragraphs 9 and 10 of 2095 (2013), and paragraph 8 of resolution 2174 (2014), 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, further reaffirms its decision that all Member States shall cooperate in such efforts, authorizes Member States, acting nationally or through regional organizations, to collect evidence directly related to the carriage of such items in the course of such inspections, and urges Member States, acting nationally or through regional organizations, to avoid causing harm to the marine environment or to the safety of navigation;
6. Affirms that the authorizations provided by paragraph 3, 4 and 5 of this resolution apply only with respect to inspections carried out by warships and ships owned or operated and duly authorized by a State and used only on government non-commercial service, and which are clearly marked and identifiable as such;
7. Underscores that these authorizations do not apply with respect to vessels entitled to sovereign immunity under international law;
8. Affirms that the authorisation provided for in paragraph 4 includes the authority to divert vessels and their crews to a suitable port to facilitate such disposal, with the consent of the port State, affirms further that the authorization in paragraph 4 includes the authority to use, all measures commensurate to the specific circumstances, in full compliance with international humanitarian law and international human rights law, as applicable, to seize items set out in paragraph 3 in the course of inspections;
9. Affirms that the authorizations provided in this resolution apply only with respect to the smuggling of illegal arms and related materiel on the high seas off the coast of Libya and shall not affect the rights or obligations or responsibilities of Member States under international law, including any rights or obligations under UNCLOS, including the general principle of exclusive jurisdiction of a Flag State over its vessels on the high seas, with respect to any other situation, underscores in particular that this resolution shall not be considered as establishing customary international law;
10. Decides that when any Member State, acting nationally or through regional organizations, undertakes an inspection pursuant to paragraph 3 of this resolution, it or the regional organization through which it is acting shall submit promptly an initial written report to the Committee containing, in particular, explanation of the grounds for the inspection, the efforts made to seek the consent of the vessel’s Flag state, the results of such inspection, and whether or not cooperation was provided, and, if prohibited items for transfer are found, further requires such Member State or regional organization 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; and requests the Committee to notify the flag State of the inspected vessel that an inspection has been undertaken, notes the prerogative of any Member State to write to the Committee concerning the implementation of any aspect of this resolution, and further encourages the Panel of Experts to share relevant information with Member States operating under the authorization set out in this resolution;
11. Encourages Member States and the GNA to share relevant information with the Committee, and with those Member States and regional organizations acting under the authorisations set out in this resolution;
12. Requests the Secretary-General to provide, with input from CTED, in close collaboration with the Analytical Support and Sanctions Monitoring Team, as well as the Panel of Experts established pursuant to resolution 1973, a report, in 
30 days, on the threat posed to Libya and neighbouring countries, including off the coast of Libya, by Foreign Terrorist Fighters recruited by or joining the Islamic State in Iraq and the Levant (ISIL, also known as Da’esh), Al-Qaida, and associated individuals, groups, undertakings and entities;
 13. Decides to remain actively seized of the matter.

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