LIBYA DESK
This month, the UN Security Council decided to renew for another year "the measures designed to implement the arms embargo against Libya" particularly those authorizing Member States — acting nationally or through regional organizations — to inspect vessels on the high seas off Libya’s coast. This applies to the European Union's naval Operation EUNAVFOR MED Irini, which is tasked with inspecting vessels believed to be in violation of the arms embargo.
The Council voted to extend the mandate outlined in Resolution 2684 of 2023, with nine countries, including the United Kingdom, the United States, France, Malta, and Switzerland, voting in favor, and six countries, including Russia, China, and Algeria, abstaining.
Amendments and Voting Dynamics
The Security Council voted to extend the mandate with recent amendments proposed by France and Malta, aiming to garner broader consensus for the EU's naval mission. These amendments stipulate that the confiscation and disposal of weapons can only occur with the approval of the committee established under Security Council Resolution 1970 of 2011 on Libya, within 90 days of the request.
The representative of Sierra Leone, also speaking on behalf of Algeria, Guyana, and Mozambique, cited concerns over the proposed amendments strengthening the role of the 1970 Committee in deciding the disposal of seized prohibited seized items and arguing that these were not reflected in the text adopted, thereby violating transparency principles.
China's representative, who also abstained, stated that during consultations, China proposed improving the mechanism for monitoring the arms embargo on Libya to ensure the 1970’s Committee approval for the disposal of seized items immediately upon confiscation. However, the draft submitted for the vote still allowed for arbitrary disposal of seized materials.
The United States and Russia
Despite voting in favor of the resolution and welcoming it, the U.S. representative expressed disappointment over the new requirement to obtain the 1970 Committee's approval before disposing of confiscated items. He argued that this would unnecessarily politicize and significantly hinder the prevention process. Nonetheless, he thanked the EU for allocating resources to monitor and disrupt illegal activities at sea and in the air off Libya's coast, urging other member states to utilize this authority as well.
Russia, which has consistently abstained from voting in favor of extending Operation Irini’s mandate since its inception, commented on the Security Council’s decision, expressing hope that the mechanism to curb illicit arms trafficking would contribute to a political solution to the conflict in Libya. Moscow, through its representative, voiced ongoing concerns about Operation Irini’s scope, geographical coverage, functions, and accountability mechanisms.
Operation Irini: Background and Achievements
Operation Irini is the EU's second mission on the high seas off Libya’s coast, following Operation Sophia, which ended its five-year mandate in 2020 after failing to prevent human trafficking from Libya to Europe. Launched in March 2020 by the EU's Foreign Affairs Council and in response to recommendations from the Berlin Conference on Libya, Operation Irini aims to enforce arms embargo decisions following the armed conflict in Libya. Data indicates that Irini's ships, vehicles, and unmanned aerial drones have patrolled and inspected 27 ships, made over 14,000 calls, conducted more than 600 friendly approaches, and submitted over 50 special reports to the UN Panel of Experts.
In its final report issued in September 2023, the Independent Expert Committee noted that after 12 years of restrictive measures on the supply and transfer of arms and military equipment to Libya, the data collected indicates a diverse and technically complex array of arms and military equipment now available in Libya. The report stressed that arms embargo decisions "will remain ineffective as long as member states control the logistical flow and supply chains to conflict parties." The report also highlighted that aside from seizing some equipment, no actions have been taken to investigate individuals and entities reported for violating the arms embargo, resulting in impunity.
The Broader Context and Ceasefire Efforts
In October 2020, Libyans agreed to a ceasefire and an immediate end to hostilities as part of UN-mediated negotiations that led to the Libyan Political Dialogue Forum (LPDF) and were supposed to culminate in national elections by the end of 2021. Despite concerns about a potential return to armed conflict due to the ongoing political deadlock and the persisting challenges to holding free and fair municipal or national elections, the 5+5 Joint Military Commission (JMC) and the UN Support Mission in Libya (UNSMIL) continue to maintain the fragile ceasefire agreement. However, this does not reflect the enforcement of arms embargo decisions, as evidenced by the military parades conducted by the Libyan National Army (LNA) in the east and the Government of National Unity (GNU) in the west of the country.
Notably, the facade of stability in Libya has been disrupted multiple times over the past year due to armed clashes between factions vying for control of key territories in Tripoli and other key cities in the western coastal area. Sporadic clashes in Tripoli as recent as last night killed two civilians, while a woman remains in intensive care. Likewise, on Sunday, a new round of infighting between armed actors in Zawiya claimed at least five lives, including a 10-year-old girl, and left 13 wounded according to local health authorities.