Che materia stai cercando?

Libia - Risoluzione Consiglio di sicurezza Onu Appunti scolastici Premium

La dispensa fa riferimento alle lezioni di Diritto Internazionale, tenute dalla Prof. ssa Alessandra Lanciotti nell'anno accademico 2011.
Il documento riporta il testo in inglese della risoluzione del Consiglio di Sicurezza dell'Onu del 17 marzo 2011 relativa alla guerra in Libia.... Vedi di più

Esame di Diritto Internazionale docente Prof. A. Lanciotti

Anteprima

ESTRATTO DOCUMENTO

S/RES/1970 (2011)

Libyan Arab Jamahiriya established or authorized by the Council, unless such

exclusive jurisdiction has been expressly waived by the State;

7. Invites the Prosecutor to address the Security Council within two months

of the adoption of this resolution and every six months thereafter on actions taken

pursuant to this resolution;

Recognizes that none of the expenses incurred in connection with the

8.

referral, including expenses related to investigations or prosecutions in connection

with that referral, shall be borne by the United Nations and that such costs shall be

borne by the parties to the Rome Statute and those States that wish to contribute

voluntarily;

Arms embargo

9. Decides that all Member States shall immediately take the necessary

measures to prevent the direct or indirect supply, sale or transfer to the Libyan Arab

Jamahiriya, from or through their territories or by their nationals, or using their flag

vessels or aircraft, of arms and related materiel of all types, including weapons and

ammunition, military vehicles and equipment, paramilitary equipment, and spare

parts for the aforementioned, and technical assistance, training, financial or other

assistance, related to military activities or the provision, maintenance or use of any

arms and related materiel, including the provision of armed mercenary personnel

whether or not originating in their territories, and decides further that this measure

shall not apply to:

(a) Supplies of non-lethal military equipment intended solely for

humanitarian or protective use, and related technical assistance or training, as

approved in advance by the Committee established pursuant to paragraph 24 below;

(b) Protective clothing, including flak jackets and military helmets,

temporarily exported to the Libyan Arab Jamahiriya by United Nations personnel,

representatives of the media and humanitarian and development workers and

associated personnel, for their personal use only; or

(c) Other sales or supply of arms and related materiel, or provision of

assistance or personnel, as approved in advance by the Committee;

Decides that the Libyan Arab Jamahiriya shall cease the export of all

10.

arms and related materiel and that all Member States shall prohibit the procurement

of such items from the Libyan Arab Jamahiriya by their nationals, or using their

flagged vessels or aircraft, and whether or not originating in the territory of the

Libyan Arab Jamahiriya;

Calls upon all States, in particular States neighbouring the Libyan Arab

11.

Jamahiriya, to inspect, in accordance with their national authorities and legislation

and consistent with international law, in particular the law of the sea and relevant

international civil aviation agreements, all cargo to and from the Libyan Arab

Jamahiriya, in their territory, including seaports and airports, if the State concerned

has information that provides reasonable grounds to believe the cargo contains items

the supply, sale, transfer, or export of which is prohibited by paragraphs 9 or 10 of

this resolution for the purpose of ensuring strict implementation of those provisions;

Decides to authorize all Member States to, and that all Member States

12.

shall, upon discovery of items prohibited by paragraph 9 or 10 of this resolution,

11-24558 3

S/RES/1970 (2011)

seize and dispose (such as through destruction, rendering inoperable, storage or

transferring to a State other than the originating or destination States for disposal)

items the supply, sale, transfer or export of which is prohibited by paragraphs 9 or

10 of this resolution and decides further that all Member States shall cooperate in

such efforts;

Requires any Member State when it undertakes an inspection pursuant to

13.

paragraph 11 above, to submit promptly an initial written report to the Committee

containing, in particular, explanation of the grounds for the inspections, the results

of such inspections, and whether or not cooperation was provided, and, if prohibited

items for transfer are found, further requires such Member States to submit to the

Committee, at a later stage, a subsequent written report containing relevant details

on the inspection, seizure, and disposal, and relevant details of the transfer,

including a description of the items, their origin and intended destination, if this

information is not in the initial report;

Encourages Member States to take steps to strongly discourage their

14.

nationals from travelling to the Libyan Arab Jamahiriya to participate in activities

on behalf of the Libyan authorities that could reasonably contribute to the violation

of human rights;

Travel ban

15. Decides that all Member States shall take the necessary measures to

prevent the entry into or transit through their territories of individuals listed in

Annex I of this resolution or designated by the Committee established pursuant to

paragraph 24 below, provided that nothing in this paragraph shall oblige a State to

refuse its own nationals entry into its territory;

Decides that the measures imposed by paragraph 15 above shall not

16.

apply:

(a) Where the Committee determines on a case-by-case basis that such travel

is justified on the grounds of humanitarian need, including religious obligation;

(b) Where entry or transit is necessary for the fulfilment of a judicial

process;

(c) Where the Committee determines on a case-by-case basis that an

exemption would further the objectives of peace and national reconciliation in the

Libyan Arab Jamahiriya and stability in the region; or

(d) Where a State determines on a case-by-case basis that such entry or

transit is required to advance peace and stability in the Libyan Arab Jamahiriya and

the States subsequently notifies the Committee within forty-eight hours after making

such a determination;

Asset freeze

17. Decides that all Member States shall freeze without delay all funds, other

financial assets and economic resources which are on their territories, which are

owned or controlled, directly or indirectly, by the individuals or entities listed in

annex II of this resolution or designated by the Committee established pursuant to

paragraph 24 below, or by individuals or entities acting on their behalf or at their

direction, or by entities owned or controlled by them, and decides further that all 11-24558

4 S/RES/1970 (2011)

Member States shall ensure that any funds, financial assets or economic resources

are prevented from being made available by their nationals or by any individuals or

entities within their territories, to or for the benefit of the individuals or entities

listed in Annex II of this resolution or individuals designated by the Committee;

Expresses its intention to ensure that assets frozen pursuant to

18.

paragraph 17 shall at a later stage be made available to and for the benefit of the

people of the Libyan Arab Jamahiriya;

Decides that the measures imposed by paragraph 17 above do not apply

19.

to funds, other financial assets or economic resources that have been determined by

relevant Member States:

(a) To be necessary for basic expenses, including payment for foodstuffs,

rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and

public utility charges or exclusively for payment of reasonable professional fees and

reimbursement of incurred expenses associated with the provision of legal services

in accordance with national laws, or fees or service charges, in accordance with

national laws, for routine holding or maintenance of frozen funds, other financial

assets and economic resources, after notification by the relevant State to the

Committee of the intention to authorize, where appropriate, access to such funds,

other financial assets or economic resources and in the absence of a negative

decision by the Committee within five working days of such notification;

(b) To be necessary for extraordinary expenses, provided that such

determination has been notified by the relevant State or Member States to the

Committee and has been approved by the Committee; or

(c) To be the subject of a judicial, administrative or arbitral lien or judgment,

in which case the funds, other financial assets and economic resources may be used

to satisfy that lien or judgment provided that the lien or judgment was entered into

prior to the date of the present resolution, is not for the benefit of a person or entity

designated pursuant to paragraph 17 above, and has been notified by the relevant

State or Member States to the Committee;

Decides that Member States may permit the addition to the accounts

20.

frozen pursuant to the provisions of paragraph 17 above of interests or other

earnings due on those accounts or payments due under contracts, agreements or

obligations that arose prior to the date on which those accounts became subject to

the provisions of this resolution, provided that any such interest, other earnings and

payments continue to be subject to these provisions and are frozen;

Decides that the measures in paragraph 17 above shall not prevent a

21.

designated person or entity from making payment due under a contract entered into

prior to the listing of such a person or entity, provided that the relevant States have

determined that the payment is not directly or indirectly received by a person or

entity designated pursuant to paragraph 17 above, and after notification by the

relevant States to the Committee of the intention to make or receive such payments

or to authorize, where appropriate, the unfreezing of funds, other financial assets or

economic resources for this purpose, 10 working days prior to such authorization;

11-24558 5

S/RES/1970 (2011)

Designation criteria

22. Decides that the measures contained in paragraphs 15 and 17 shall apply

to the individuals and entities designated by the Committee, pursuant to paragraph

24 (b) and (c), respectively;

(a) Involved in or complicit in ordering, controlling, or otherwise directing,

the commission of serious human rights abuses against persons in the Libyan Arab

Jamahiriya, including by being involved in or complicit in planning, commanding,

ordering or conducting attacks, in violation of international law, including aerial

bombardments, on civilian populations and facilities; or

(b) Acting for or on behalf of or at the direction of individuals or entities

identified in subparagraph (a).

Strongly encourages Member States to submit to the Committee names of

23.

individuals who meet the criteria set out in paragraph 22 above;

New Sanctions Committee

24. Decides to establish, in accordance with rule 28 of its provisional rules of

procedure, a Committee of the Security Council consisting of all the members of the

Council (herein “the Committee”), to undertake to following tasks:

(a) To monitor implementation of the measures imposed in paragraphs 9, 10,

15, and 17;

(b) To designate those individuals subject to the measures imposed by

paragraphs 15 and to consider requests for exemptions in accordance with paragraph

16 above;

(c) To designate those individuals subject to the measures imposed by

paragraph 17 above and to consider requests for exemptions in accordance with

paragraphs 19 and 20 above;

(d) To establish such guidelines as may be necessary to facilitate the

implementation of the measures imposed above;

(e) To report within thirty days to the Security Council on its work for the

first report and thereafter to report as deemed necessary by the Committee;

(f) To encourage a dialogue between the Committee and interested Member

States, in particular those in the region, including by inviting representatives of such

States to meet with the Committee to discuss implementation of the measures;

(g) To seek from all States whatever information it may consider useful

regarding the actions taken by them to implement effectively the measures imposed

above;

(h) To examine and take appropriate action on information regarding alleged

violations or non-compliance with the measures contained in this resolution;

Calls upon all Member States to report to the Committee within 120 days

25.

of the adoption of this resolution on the steps they have taken with a view to

implementing effectively paragraphs 9, 10, 15 and 17 above; 11-24558

6


PAGINE

10

PESO

51.01 KB

AUTORE

Atreyu

PUBBLICATO

+1 anno fa


DESCRIZIONE DISPENSA

La dispensa fa riferimento alle lezioni di Diritto Internazionale, tenute dalla Prof. ssa Alessandra Lanciotti nell'anno accademico 2011.
Il documento riporta il testo in inglese della risoluzione del Consiglio di Sicurezza dell'Onu del 17 marzo 2011 relativa alla guerra in Libia. L'Onu condanna le autorità libiche per violazione dei diritti umani.


DETTAGLI
Corso di laurea: Corso di laurea magistrale in giurisprudenza
SSD:
Università: Perugia - Unipg
A.A.: 2011-2012

I contenuti di questa pagina costituiscono rielaborazioni personali del Publisher Atreyu di informazioni apprese con la frequenza delle lezioni di Diritto Internazionale e studio autonomo di eventuali libri di riferimento in preparazione dell'esame finale o della tesi. Non devono intendersi come materiale ufficiale dell'università Perugia - Unipg o del prof Lanciotti Alessandra.

Acquista con carta o conto PayPal

Scarica il file tutte le volte che vuoi

Paga con un conto PayPal per usufruire della garanzia Soddisfatto o rimborsato

Recensioni
Ti è piaciuto questo appunto? Valutalo!

Altri appunti di Diritto internazionale

Azione di responsabilità extracontrattuale
Dispensa
Caso Codorniu
Dispensa
Caso Foto-Frost
Dispensa
Corte penale internazionale - Statuto in lingua italiana
Dispensa