NEW YORK DECLARATION OF LEGAL EXPERTS ON U.N. SANCTIONS AGAINST LIBYA

NEW YORK DECLARATION OF LEGAL EXPERTS ON U.N. SANCTIONS AGAINST LIBYA

1 December 1994

The second meeting of legal experts on U.N. sanctions against Libya was held in New York City on 1 December 1994 under the auspices of the International Progress Organization. The first such meeting had been held on 23 May 1992 in Geneva, Switzerland, where the experts adopted and issued an eight point Declaration. The second meeting was scheduled to be held just before the latest periodic review of these sanctions by the Security Council. The experts were dismayed to learn that the United States Government suddenly and without notice advanced the date of the review to 30 November, thus preventing the experts from presenting their conclusions to the Members of the Security Council before the review. Nevertheless, the experts have adopted the following points of law for the Council Members and others to consider.

1. The accusations by the United States and the United Kingdom that two Libyan nationals were responsible for the bombing of the PanAm jet over Lockerbie, Scotland remain unsubstantiated and unproven.

2. A new world order respectful of the rule of law in international relations requires that the United Nations Security Council acts in conformity with the principles of international law and applicable procedural rules. In particular, legal disputes must not be politicized by the Permanent Members of the Security Council.

3. Security Council Resolution 748 (1992) and Resolution 883 (1993), sanctioning Libya, have exceeded the powers of the Security Council under Article 24, Paragraph 2 of the United Nations Charter and are therefore ultra vires the competence of the Security Council. The United States and the United Kingdom abusively used their overwhelming power and influence to induce and coerce the other Member States of the Security Council to vote in favor of these two resolutions to the great detriment of the integrity of the United Nations Charter.

4. By forcing these two resolutions through the Security Council, the United States and the United Kingdom have in fact usurped the right and the power of the International Court of Justice to rule on Libya's Applications of 3 March 1992 in violation of Article 92 of the United Nations Charter and the Statute of the International Court of Justice, which is an integral part of the Charter.

5. As the Security Council and its Members are fully aware of a serious legal dispute concerning the interpretation and application of the 1971 Montreal Convention, the Council, in accordance with Article 36, Paragraph 3 of the Charter, must urge the parties involved to resolve all outstanding issues before the International Court of Justice, rather than to proceed with a process leading away from the peaceful settlement of the dispute.
6. Whatever the factual situation may be, the United States and the United Kingdom remain obliged to exhaust all means for the peaceful resolution of the Lockerbie dispute with Libya under Article 2, Paragraph 3 and Article 33, Paragraph 1 of the United Nations Charter, and as called for by the Organization of African Unity, the Islamic Conference Organization, the Non-Aligned Movement, and the League of Arab States. The rejection of arbitration, mediation and adjudication of this legal dispute by the United States and the United Kingdom is a gross violation of the United Nations Charter.
7. As part of the peaceful settlement of the dispute, the Security Council could submit the question of personal criminal responsibility of the two accused Libyan nationals to a criminal tribunal of Scottish Judges meeting at the seat of the International Court of Justice as recommended by the League of Arab States in Resolution no. 5373 (27 March 1994), or to an ad hoc international criminal tribunal.

8. The two accused Libyan nationals have a basic human right under international law to a fair trial before an impartial tribunal. The United States and the United Kingdom have already publicly convicted these two individuals in violation of basic requirements of due process of law and the presumption of innocence.
9. The Security Council sanctions against Libya have inflicted severe harm upon the Libyan People in violation of fundamental norms of international human rights law and treaties. These sanctions against the Libyan People must be suspended immediately and ultimately removed.
10. The continuing obfuscation over the Lockerbie bombing by the United States and the United Kingdom has prevented a proper investigation into this atrocity and has thus increased the distress for the family members of the victims of the bombing.

11. We call for the U.S. Congress and the U.K. Parliament to hold public hearings into the Lockerbie bombing. The entire world - and especially the families of the victims - have a right to know the truth.