📋 Tender Overview
This afternoon, the Security Council decided to extend for a further period of 12 months the authorizations granted since 2016 to Member States, acting at the national level or through regional organizations, to inspect ships at high sea ??off the coast of Libya, to or from Libya, which they have reasonable grounds to believe are violating the arms embargo imposed on that country in 2011.
Presented by Malta and France, resolution 2733 (2024) was adopted by 9 votes in favor and 6 abstentions (Algeria, China, Russian Federation, Guyana, Mozambique, Sierra Leone), due in particular to reservations on the military operation of the European Union in the Mediterranean (operation EUNAVFOR MED IRINI).
Strengthening the role of the Sanctions Committee established by resolution 1970 (2011), this text makes modifications to the provisions of resolution 2684 (2023): it “authorizes all Member States, acting individually or within the framework of regional bodies, and decides that they are authorized, if they discover prohibited articles" under the preceding resolutions, "to seize and dispose of said articles (by destroying them or putting them out of use) or, subject to the approval of the Committee within 90 days of a request, to dispose of them (by storing them or transferring them to a State other than the State of origin or destination for disposal), without prejudice to the right by Member States, acting individually or through regional bodies, to keep such items safely in a holding area prior to their disposal.”
In the absence of approval by the Committee within 90 days, subject to an extension of this deadline decided by the Committee, the Council then decides that any request is presumed rejected, and that, in such a case, the State concerned, acting individually or within the framework of a regional body, may submit a new request for approval to the Committee.
These are “fuzzy elements which make contradictory interpretations possible” and “possible abuses”, criticized the Russian Federation. She particularly criticized the European Union's decision to allow the subsequent use of goods seized from a third country, a dangerous precedent which would open the door to abuses in other regional contexts. In the meantime, according to her, the IRINI naval operation is “simply ineffective”.
A point of view refuted by Malta, for which the European Union operation is proof of its commitment and has contributed to the restoration of peace and stability in Libya. Since its creation, the operation has been able to inspect 27 ships, carry out more than 14,000 arrests and present some 50 special reports to the United Nations Group of Experts, she said.
Its presence in the Mediterranean deters potential arms traffickers, the United States supported. It also plays an essential role in sharing information with the group of experts on Libya, they argued.
A statement that is far from unanimous among the A3+ (Algeria, Guyana, Mozambique and Sierra Leone) who want, like Russia, to consolidate the role of the Committee in the decision-making process on the liquidation of seized assets. This element was not taken into account, regretted the delegations which abstained. While recognizing the improvements made to the text, China in turn pointed out its weaknesses, the arbitrary liquidation of seized assets could, according to it, harm the authority of the supervision mechanism and go against the aspirations of the host country. and appeals launched by African countries.
