UN Security Council Extends Mandate of UN Mission in Libya and Authorizes High-seas Inspections off Libya’s Coast to Control Illicit Arms Flow (June 13, 2016) [1]
On June 13, 2016, the United Nations Security Council, in Resolution 2291 [3], extended the mandate of the UN Support Mission in Libya (UNSMIL) until December 15, 2016. The Mission’s mandate includes supporting the implementation of the Libyan Political Agreement [4] of December 17, 2015, supporting the Government of National Accord (GNA) created by that agreement, and supporting the formation of the country’s security arrangements and “subsequent phases of the Libyan transition process.” Expressing “grave concern at the rapidly deteriorating humanitarian situation in Libya,” the Council further tasked the Mission with human rights monitoring and reporting; supporting the process of securing uncontrolled arms and related materiel and countering its proliferation; supporting key Libyan institutions; supporting the provision of essential services and the delivery of humanitarian assistance; and coordinating international assistance to the country. The Council also recalled Resolution 2259 [5], which endorsed the Rome Communiqué [6] to support the GNA “as the sole legitimate government of Libya,” and welcomed the arrival of the GNA’s Presidency Council in Tripoli on March 30, 2016. On June 14, 2016, the Council unanimously adopted Resolution 2292 [7], authorizing member states, acting individually or through regional organizations, to inspect vessels on the high seas off the Libyan coast if they have reasonable grounds to believe that those vessels are transporting illicit arms to or from Libya. The authorization is limited to a period of twelve months and contingent upon member states making “good-faith efforts to first obtain the consent of the vessel’s flag State prior to any inspections.” The Council acted under Chapter VII of the UN Charter [8] and stated that the authorization was “in these exceptional and specific circumstances,” and “shall not affect the rights or obligations or responsibilities of Member States under international law, including any rights or obligations under [the UN Convention on the Law of the Sea [9] (UNCLOS)], including the general principle of exclusive jurisdiction of a Flag State over its vessels on the high seas.” Moreover, the Council underscored that “this resolution shall not be considered as establishing customary international law.” This measure is the latest in the Council’s efforts to enforce the arms embargo imposed in 2011 by Resolution 1970 [10] and stem the flow of weapons to armed groups in Libya, including the Islamic State in Iraq and the Levant (ISIL).