1 (1945) Nr. 104

A. TITEL

Handvest van de Verenigde Naties;

San Francisco, 26 juni 1945

Voor een overzicht van de verdragsgegevens, zie verdragsnummer 006585 in de Verdragenbank.

B. TEKST

Op 16 januari 2025 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 9838e zitting Resolutie 2769 (2025) inzake Libië aangenomen. De Engelse tekst van de resolutie luidt:

Resolution 2769 (2025)
Adopted by the Security Council at its 9838th meeting, on 16 January 2025

The Security Council,

Recalling the arms embargo, travel ban, assets freeze and measures concerning illicit oil exports which were imposed and modified by resolutions 1970 (2011) and 2146 (2014), and modified by subsequent resolutions including resolutions 2441 (2018), 2509 (2020), 2526 (2020), 2571 (2021), 2664 (2022) and 2701 (2023), and that the mandate of the Panel of Experts established by paragraph 24 of resolution 1973 (2011) and modified by subsequent resolutions was extended until 15 February 2025 by resolution 2701 (2023), and also recalling resolution 2616 (2021),

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

Reaffirming its strong commitment to an inclusive, Libyan-led and Libyan- owned political process, facilitated by the United Nations and supported by the international community, which builds on progress achieved in negotiations thus far, and enables the holding of free, fair, transparent and inclusive national presidential and parliamentary elections across Libya as soon as possible and the formation of a unified Libyan government,

Calling on Libyan actors and institutions to urgently refrain from and address any unilateral actions which increase tensions, undermine trust and further entrench institutional divisions and discord amongst Libyans,

Renewing its request that all Member States support fully the efforts of the United Nations, and its call on Member States to use their influence with the parties to implement and uphold the ceasefire and support the Libyan-led and Libyan-owned inclusive political process,

Expressing serious concern about the overall fragility of the security situation and growing influence of armed groups in Libya, and underlining the urgent need for progress on the political and security tracks, including by continuing the efforts of the 5+5 Joint Military Commission and the two Chiefs of Staff towards reunification of the Libyan military and security institutions,

Calling for Member States to fully implement the existing measures and to report violations to the United Nations Sanctions Committee, and recalling in that regard that individuals or entities engaging in, or providing support for, acts that threaten the peace, stability or security of Libya may be designated for targeted sanctions,

Reaffirming that all parties must comply with their obligations under international humanitarian law and international human rights law, as applicable, and emphasising the importance of holding accountable those responsible for violations or abuses of human rights or violations of international humanitarian law, including those involved in attacks targeting civilians,

Stressing that the measures imposed by this resolution are not intended to have adverse humanitarian consequences for the civilian population of Libya, and recalling resolution 2664 (2022),

Expressing its concern that the illicit export of petroleum, including crude oil and refined petroleum products, from Libya undermines the Government of Libya and National Oil Corporation and poses a threat to the peace, security and stability of Libya, noting with concern the reports of the illicit import of petroleum, including crude oil and refined petroleum products to Libya, and emphasising the crucial role of the focal point appointed pursuant to resolution 2146 (2014) in safeguarding Libyan resources for the benefit of its people,

Recalling that providing support for armed groups or criminal networks through the illicit exploitation of crude oil or any other natural resources in Libya may constitute acts that threaten the peace, stability and security of Libya,

Further reiterating its concern about activities which could damage the integrity and unity of Libyan State financial institutions and the National Oil Corporation, and stressing the need for the unification of Libya’s institutions, and, in this regard, welcoming the 25 September 2024 agreement on the Central Bank of Libya reached between Libyan actors,

Welcoming the Libyan Investment Authority’s (LIA) increasing cooperation with the Panel of Experts and calling on the LIA to continue to improve its efforts to offer accurate consolidated financial statements in accordance with international standards and to provide financial statements of its subsidiaries,

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 oceans and seas,

Further recalling resolutions 2292 (2016), 2357 (2017), 2420 (2018), 2473 (2019), 2526 (2020), 2578 (2021), 2635 (2022), 2684 (2023) and 2733 (2024) which in relation to the implementation of the arms embargo authorise, for the period of time specified by those resolutions, the inspection on the high seas off the coast of Libya of vessels bound to or from Libya believed to be carrying arms or related materiel in violation of relevant Security Council resolutions, and the seizure and disposal of such items provided that Member States make good faith efforts to first obtain the consent of the vessel’s flag State prior to any inspections while acting in accordance with those resolutions,

Recalling the letter from the Permanent Representative of Libya to the United Nations (S/2024/686) of 19 September 2024 transmitting the request of the President of the Presidential Council requesting that the Security Council provides support to enhance security coordination in Libya, through appropriate modifications to the measures it has adopted, to establish Security Coordination Centres under national leadership, to enhance coordination and information-sharing among Libyan security forces and strengthen Libya’s counterterrorism, border and maritime security capabilities, while respecting Libya’s sovereignty and promoting regional stability,

Determining that the situation in Libya continues to constitute a threat to international peace and security,

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

Arms Embargo

  • 1. Expresses grave concern over continued violations of the arms embargo, notes the Panel of Experts reported that the arms embargo remains ineffective where Member States control the logistics flow and supply chains to armed actors in Libya, demands full compliance by all Member States with the arms embargo, calls on all Member States not to intervene in the conflict or take measures that exacerbate the conflict and reiterates that individuals and entities determined by the Committee to have violated the provisions of resolution 1970 (2011), including the arms embargo, or assisted others in doing so, are subject to designation;

  • 2. Reiterates paragraphs 9 (a), (b) and (c) of resolution 1970 (2011), paragraph 13 of resolution 2009 (2011), paragraphs 9 and 10 of resolution 2095 (2013), and paragraph 8 of resolution 2174 (2014), which decided that the measures imposed by paragraph 9 of resolution 1970 (2011), do not apply to the sale, supply or transfer to Libya of:

    • a) protective clothing, including flak jackets and military helmets, temporarily exported to Libya by United Nations personnel, representatives of the media and humanitarian and development works and associated personnel, for their personal use only;

    • b) small arms, light weapons and related materiel, temporarily exported to Libya for the sole use of United Nations personnel, representatives of the media and humanitarian and development works and associated personnel, as notified to the Committee in advance and in the absence of a negative decision by the Committee within five working days of such a notification;

    • c) non-lethal military equipment intended solely for humanitarian or protective use, and the provision of any related technical assistance or training;

    • d) 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 Libyan Government;

    • e) arms and related materiel of all types, including technical assistance or personnel, training, financial and other assistance, as approved in advance by the Committee;

  • 3. Expresses concern about the high terrorism risk in Libya, takes note of efforts to reduce the risk of terrorism in Libya, and, in this regard, recalls paragraphs 3 and 7 of resolution 2214 (2015);

  • 4. Calls on all parties to take further steps to implement the 23 October 2020 ceasefire agreement in full and urges Member States to respect and support the full implementation of the agreement, including through the withdrawal of all foreign forces, foreign fighters and mercenaries from Libya without further delay;

  • 5. Calls upon the Government of Libya to take further steps to improve the implementation of the arms embargo, including at all entry points, as soon as it exercises oversight and calls upon all Member States to cooperate in such efforts, recalls paragraph 6 of resolution 2278 (2016) and paragraph 6 of resolution 2362 (2017), and requests the Government of Libya, including through its focal point appointed pursuant to paragraph 6 of resolution 2278 (2016), as previously requested by the Committee, to provide updated information, relevant to the Committee’s work, on the structure of the security forces under its control and other relevant information listed in paragraph 6 of resolution 2278 (2016);

  • 6. Notes the importance of international support to enhance security coordination and information-sharing among Libyan security forces throughout the country, to strengthen Libya’s counterterrorism, border security, and maritime security capabilities and help promote security reunification, encourages Member States, at the request of the President of the Presidential Council transmitted to the Security Council to provide support to enhance security coordination in Libya, to consider providing such support, and in order to facilitate such support, decides that on the basis of that request, the measure imposed by paragraph 9 of resolution 1970 (2011) shall not apply to any technical assistance or training by Member States to Libyan security forces intended solely to promote the process of reunification of Libyan military and security institutions, as well as the temporary introduction into Libya of weapons or other military equipment intended solely for use by the non-Libyan providers of such technical assistance and training, for the delivery of such assistance and for their protective use, as notified in advance to the Committee;

  • 7. Asserts that the arms embargo established by paragraphs 9 and 10 of resolution 1970 (2011), as modified by subsequent resolutions, is not to be applied to military aircraft or naval vessels, temporarily introduced into the territory of Libya by another Member State, solely to deliver items or facilitate activities otherwise exempted or not covered by the arms embargo, including humanitarian assistance, as well as arms and related materiel for defensive purposes that remain at all times aboard the vessel or aircraft whilst temporarily in Libya, or on the person of any non-Libyan personnel temporarily disembarked from such vessel or aircraft;

  • 8. Expresses its readiness to consider the sale, supply or transfer to Libya of military equipment, for the reunified and joint military units, under the auspices of the 5+5 Joint Military Commission (JMC) and the two Chiefs of Staff, once their formation is complete, as an initial step in the overall reunification of Libya’s military and security institutions;

Travel Ban and Asset Freeze

  • 9. Calls on Member States, particularly those in which designated individuals and entities are based, as well as those in which their assets frozen under the measures are suspected to be present, to report to the Committee on the actions they have taken to implement effectively the travel ban and asset freeze measures in relation to all individuals on the sanctions list;

  • 10. Reiterates that all States shall take the necessary measures to prevent entry into or transit through their territories of all persons designated by the Committee, in accordance with paragraphs 15 and 16 of 1970, as modified by paragraphs 11 of resolution 2213 (2015), 11 of resolution 2362 (2017) and 11 of resolution 2441 (2018) and calls upon the Government of Libya to enhance cooperation and information sharing with other States in this regard;

  • 11. Takes note of requests to de-list a number of designated individuals, underscores the importance of the Committee considering these requests, as appropriate and in line with resolutions 1730 (2006) and 2744 (2024), and encourages, as appropriate, the use of the focal point for de-listing for requests from petitioners, and in addition notes the importance of reviewing, where appropriate, designations adopted by the Committee, in regards to whether the designated per son or entity still meets the criteria for designation, and welcomes proposals for de-listing to the Committee;

  • 12. Recalls resolution 2174 (2014) which decided that the measures set out in resolution 1970 (2011), as modified by subsequent resolutions, shall also apply to individuals and entities determined by the Committee to be engaging in or providing support for other acts that threaten the peace, stability or security of Libya, or obstruct or undermine the successful completion of its political transition and underlines that such acts could include obstructing or undermining elections; as planned for in the Libyan Political Dialogue Forum roadmap;

  • 13. Emphasises that assets frozen pursuant to paragraph 17 of resolution 1970 (2011) shall at a later stage be made available to and for the benefit of the Libyan people, further emphasises that the asset freeze measures are intended to be protective, and calls upon all relevant Member States to protect frozen assets for the future benefit of the Libyan people, including by preventing misuse and misappropriation of frozen assets;

  • 14. Welcomes the recommendations by the Panel of Experts in its final report (S/2024/914) on possible actions that could enable the reinvestment of the LIA’s frozen assets for the purpose of preserving their value and benefiting the Libyan people at a later stage, and decides to allow the LIA’s frozen cash reserves referred to in recommendation 7.1 in that report to be invested in low-risk time deposits with appropriate financial institutions selected by the LIA, provided that the low -risk time deposits are with a financial institution in the jurisdiction in which the frozen cash reserves referred to in recommendation 7.1 are currently held and under the condition that those low risk time deposits and interests accrued thereon shall remain frozen, in consultation with the Government of Libya and after notification by the relevant Member State(s) in which the assets are held to the Committee, and provided that the Committee has approved such investment, and with each reinvestment of that deposit and its interests accrued thereafter subject to the same notification and approval procedure, and further decides to allow the LIA’s frozen cash reserves referred to in recommendation 7.2 in that report to be invested in fixed income instruments under the condition that those fixed income instruments and income accrued thereon shall remain frozen, in consultation with the Government of Libya, and with a notification by the relevant Member State to, and prior approval by, the Committee, with each reinvestment of those instruments evaluated on a case-by-case basis, taking into account specific circumstances prevailing at the time, and subject to the same notification and approval procedure, and requests the Panel of Experts to assess the effect and performance of these investments in their annual final reports;

  • 15. Welcomes the LIA’s efforts to enhance transparency and compliance by working with international accounting and auditing firms to provide accurate audited consolidated financial statements in accordance with international standards, requests the LIA to continue these efforts and to further improve the accuracy and comprehensiveness of its investment plan, risk management policy and asset allocation guidelines, clarifying data inaccuracies and inconsistencies and addressing conflict of interest issues, and requests the Panel of Experts to provide an updated assessment of the LIA’s updated investment plan in their final report;

  • 16. Urges Member States to minimise the risk of asset diversion, misappropriation and non-compliance with the asset freeze, and to ensure that the asset freeze is complied with, and encourages Member States and relevant financial institutions to cooperate with the LIA by providing relevant information regarding their frozen assets, as appropriate and applicable;

  • 17. Requests the Chair of the Committee to inform the Permanent Mission of the State of Libya on the final outcome of the Committee’s consideration of exemption notifications and requests submitted by Member States related to LIA frozen assets, without setting a precedent, and encourages the notifying Member State to alert the LIA when they submit an exemption request relating to frozen assets of the LIA, and for the LIA to further alert the Government of Libya, as appropriate;

Prevention of Illicit Exports of Petroleum, including Crude Oil and Refined Petroleum Products

  • 18. Condemns attempts to illicitly export petroleum, including crude oil and refined petroleum products, from Libya, including by parallel institutions which are not acting under the authority of the Government of Libya, and decides that measures specified in paragraphs 15, 16, 17, 19, 20 and 21 of resolution 1970 (2011), as modified by subsequent resolutions, shall also apply to individuals and entities determined by the Committee to have provided support for armed groups or criminal networks through illicit exploitation of crude oil or refined petroleum in Libya and illicit export of crude oil or refined petroleum from Libya;

  • 19. Decides to extend until 1 May 2026 the authorisations and the measures in resolution 2146 (2014), as amended by paragraph 2 of resolutions 2441 (2018) and 2509 (2020);

  • 20. Requests the Government of Libya’s focal point responsible for communication with the Committee with respect to the measures in resolution 2146 (2014) to inform the Committee of any vessels transporting petroleum, including crude oil and refined petroleum products, illicitly exported from Libya, urges the Government of Libya to work closely with the National Oil Corporation in that regard, and to provide the Committee with regular updates on ports, oil fields, and installations that are under its control, and to inform the Committee about the mechanism used to certify legal exports of petroleum, including crude oil and refined petroleum products, and requests that the Panel of Experts closely follow and report to the Committee any information relating to the illicit export from or illicit import to Libya of petroleum, including crude oil and refined petroleum products;

  • 21. Calls on the Government of Libya, on the basis of any information regarding such exports or attempted exports, to expeditiously contact the concerned vessel’s flag State, in the first instance, to resolve the issue, and directs the Committee to immediately inform all relevant Member States about notifications to the Committee from the Government of Libya’s focal point regarding vessels transporting petroleum, including crude oil and refined petroleum products, illicitly exported from Libya;

Panel of Experts

In overeenstemming met artikel 19, tweede lid, van de Rijkswet goedkeuring en bekendmaking verdragen heeft de Minister van Buitenlandse Zaken bepaald dat de resolutie zal zijn bekendgemaakt in het gehele Koninkrijk op de dag na de datum van uitgifte van dit Tractatenblad.

Uitgegeven de vierde februari 2025.

De Minister van Buitenlandse Zaken, C.C.J. VELDKAMP

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