United Nations Security Council Resolution 2441 – The situation in Libya

Resolution 2441 (2018)

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), 1973 (2011), 2009 (2011), 2040 (2012), 2095 (2013), 2144 (2014), 2146 (2014), 2174 (2014), 2213 (2015), 2278 (2016), 2292 (2016), 2357 (2017), 2362 (2018), 2420 (2018) (the Measures), and that the mandate of the Panel of Experts established by paragraph 24 of resolution 1973 (2011) and modified by resolutions 2040 (2012), 2146 (2014), 2174 (2014), 2213 (2015) and 2278 (2016) was extended until 15 November 2018 by resolution 2362 (2017),

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

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, and further expressing its determination in this regard to support the Government of National Accord,

Welcoming endorsement in principle of the Libyan Political Agreement (LPA) by the House of Representatives on 25 January 2016 and the subsequent meetings of the Libyan Political dialogue which reaffirmed its commitment to uphold the LPA, and reaffirming that the LPA remains the only viable framework to end the Libyan political crisis, and its implementation remains key to holding elections and finalising the political transition,

Underlining the primary responsibility of the GNA in taking appropriate action to prevent the illicit export of petroleum, including crude oil and refined petroleum products, from Libya and reaffirming the importance of international support for Libyan sovereignty over its territory and resources,

Expressing its concern that the illicit export of petroleum, including crude oil and refined petroleum products, from Libya undermines the Government of National Accord and poses a threat to the peace, security and stability of Libya,

Expressing support for Libyan efforts to resolve peacefully the disruptions of Libya’s energy exports and reiterating that control of all facilities should be transferred back to the proper authorities,

Further reiterating its concern about activities which could damage the integrity and unity of Libyan State financial institutions and the National Oil Corporation (NOC), recalling events in the Oil Crescent and the Security Council’s Press Statement of 19 July 2018 welcoming the announcement that Libya’s NOC had resumed its work on behalf, and for the benefit, of all Libyans, and stressing the need for the Government of National Accord to exercise sole and effective oversight over the National Oil Corporation, the Central Bank of Libya, and the Libyan Investment Authority as a matter of urgency, without prejudice to future constitutional arrangements pursuant to the Libyan Political Agreement,

Further recalling resolution 2259 (2015) which called on Member States to cease support to and official contact with parallel institutions claiming to be the legitimate authority, but which were outside the Libyan Political Agreement, as specified by it,

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) and 2420 (2018) 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,

Reaffirming 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 and stressing the need to transfer detainees to State authority,

Reiterating its expression of support for the Government of National Accord, as stated in paragraph 3 of resolution 2259 (2015), and noting in this regard the specific requests made to the Government of National Accord in this resolution,

Reiterating its request that all Member States fully support the efforts of the Special Representative of the Secretary-General and work with the Libyan authorities and United Nations Support Mission in Libya (UNSMIL) to develop a coordinated package of support to build the capacity of the Government of National Accord, in line with Libyan priorities and in response to requests for assistance,

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,

Adopted by the Security Council at its 8389th meeting, on 5 November 2018.