volume I, basic documents | INTERNATIONAL COURT OF JUSTICE

Document Number

11259

Parent Document Number

11257

Document File

ANNEXES: VOi$UMEI
(BASIC DOCUMENTS) .{

R International Courtof Justice

.i Case Concerning Questionsof
l. Interpretation andAppli4cation of the .
.-I -2,TLI 1971~~nt~~&~,~~~è~,t:& fis~ing from. ..
,<+=,Y'.\
.:m ,...*
theAerid lneident atLockerbie
(LibyanArab Jamahiriya v.United Kingdom)
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8 3
ANNEXES:VOLUME I l

1 -, (BASICDOCUMENTS)

JUNE, 1995 LIST OF ANNEXES

Volume 1of the annexes contains a set of basic documents. Documents in
Volumes II andILIaresetout in chronological order. Where material has been
cirçulateasa United Nations document, the dateciteIsthatofthe United
Nations document itself.

BASIC DOCUMENTS

Annex Title and Reference
Number

Convention

1 Convention for the SuppressionofUnlawfulActsagainst the
Safetyof CivillmAircraft,Montreal,23 September 1971(the
Montreal Convention), 974 United Nations Treaty Series
177.

UN SecurityCouncilResolutions

2 Security Council Document SRESff 3 1 (19921,21 January
1992:Security Council resolution1 (1992).

3 SecurityCouncil Document SIRES1748 (1992j, 31 March
1992:SecurityCouncil resolution748(19923,

4 SecnrityCounciJDocument SIRES1883 (1993),11 Nuvembex
1993:SecurityCouncil resolutio883 (2993).

LettersCirculatecas UN Documents

5 General AssernblyDocumentA146/825andSecuri tyCouncil
Document S123306, 31 December 1991: Letter from the
FrenchPermanent Representative to the United Nations
Secretar-General.

6 Generd AssemblyDocumentA/46/826 and SecurityCouncil
Document S123307, 31 December 199 1: Letter £rom the
United Kingdom Permanent Representativeto the United
NationsSecretar-General.

7 General Assembly Document A1461827 and SecurityCouncil
Document S123308, 31 December 199 1:Letter from the
United States Permanent Representative to the United
NationsSecretary-General.

8 GeneralAssembly Document Ai461828and SecurityCouncil
Document S123309,3 1 December 1991: Letter from the
Permanent Representativesof France,the United Kingdom
and the United States to the United Nations Secretary-
General. Annex Titleand Reference
Number

9 SecurityCouncilDocument SI2344 1, I8 January 1992:Letter
from the LibyanPermanentRepreséntative to the President
of theSecurityCouncil.

UNSecurity CouncilDebates

Security Council Document ~l~v.3033, 2 1 January 1992:
Provisional Verbatim record of th3,033rd meeting of the
SecurityCouncil.

Secusity Council Document S/PV.i3063, 3 1 March 1992:
Provisional Verbatimrecord of the3,063rd meeting of the
Security Council.

SecurityCouncilDocument SIPV.33 12, 11 Novernber 1993:
ProvisionalVerbatim record of thel3,12th meeting of the
Security Council.

Reportsof theUNSecretary-General
I
Security Council Document ~1235t4, 11 February 1992:
Reportby the Secretary-Generalpuqsuantto paragraph4 of
SecurityCouncilresolution731 (991).
Se~unty CouncilDocument ~1236721 3 March 1992:Further
reportby the Secretary-Generalpurbuan! toparagraph 4 of
SecuntyCouncilresolution731 (1992).

Secunty Council Document ~123992,22 May 1992:Report
of the Secretary-Generalursuanttolparagraph8 of Sec~rity
Councilresolution 748 (1992).

ScottishCriminal pr$eeedings
l
Statementof Facts bythe Lord ~dvbcate of Scotland in the
caseof Abdelbaset Ali Mohmed~llhlegrah aidAl Amin
KhalifaFhirnah,Edinburgh,13~ovember199 1.

Petition of the ProcuratorFiscal of PurnfriesandGalloway
charging AbdelbasetAli Mohmed Al Megrahiand Al Amin
KhalifaFhimah, 13November1991.
i
Summary of Scottish Criminal procédurein MurderCases,
May 1995.

Statement of Legal Provision concerning Offences under
ScotsLaw, May 1995.
I CHRONOLOGICALLISTOFDOCUMENTS

(Documentsincludedin VolumeI arm&d withanasterisk)

Annex Title and Reference
Number

20 House ofCommons Debates, 16 Februq 1959,columns 3 L
to 34.

21 GeneralAssemblyDocumentARES12551(XXIV),6 Sanuary
1970:GeneralAssemblyresolution 215(XXIV).

22 General Assembly Document AIRES12625 (XXV),
4November 1970: GeneralAssembly resolution262(XXV).

23 General Asçembly Document AJRES12645 (XXV},
30 Nclvernber1970: General Assembly Resolution 2645
m.

24 SecuritCouncil DocumentSAXES128( 619701,9 September
1970:SecurityCounciresoluria286 (1970).

1* Convention for theSuppressionof UnlawfulAets agaithe
Safetof CivilianAircraMontreal,23 September 191 (the
Montreal Convention],974 United Nations Treaty Series
177.

25 Genesal Assembly Document A/RES/3 034 (XXVII),
11January1973:GeneralAssemblyresolution3034(XXVII).

26 Houseof Cornons Debates, 16April1973,çolumns 43 and
44. Title and ~efdnce
I

House of CommonsDebates, 25 ApFl 1 1984, columns 739 to
752. I

House of Commons Debates, 1 May 1984, columns 195 to
208. I
I

Idouse of Commons Debates, 1 May11984, columns 209 to
225.

AssociatedPressreport,17Novembeb1984.

1
1985 1

Security Council Document S117554, 9 October 1985 : Note
by the Presidentof the Security~ouhcil.

Secunty Council Document ~117702, 27 December 1985 :
Noteby the Presidentof the Security : ouncil.

Le Monde newspaperarticle, 5 March 1986.

Houseof CommunsDebates, 24 April1986,lcolumns 209 to
211. I

SecurityCouncil Document SI18641;28 Januq 1987: Note

by the Presidentof the Sec* Colcil.

Keesing'sRecordofWald Events,~hlume XXXm (19871, p.
35218, June 1987. l
1
House of Commons Debates, 18 Npvember1987, column
595. 1
I Annex Titleand Reference
Numbex

38 United Nations Press ReleaseSC15057, 30 Decernber 1988:
Statement made on behalf of Security Council membeîs by
the President otheSecurityCouncII.

39 Statement frorn the Air Accidents Investigation Branch:
United KingdomDepartmentof Transport.

Security Council Document SIRES1635, 14 June 1989:
Security Councilresolution 635 (1989).

AssociatedPressreport,17June 199 1.

Statementof the Trusteesof thePolice Dependants'Trust, 18
October i991.

Statementof Facts by theLord Advocate of Scotland in the
case of Abdelbaset AliMohmed Al Megrahiand Al Amin
KhalifaFhimah,Edinburgh,13November1991.

Petitionof the Procuratos Fiscal oDumfries andGalIoway
chargingAbdelbasetAli MohmedAl Megrahi and AI Amin
KhaHaFhimah, 13November1 991.

Security CounciP Document S/23221, 16 November 1991 :
Letter from the Libyan Permanent Representative to the
United NationsSecretary-General.

General AssernblyDocument A/46/660 and S ecurity Council
Document S123226, 20 November 199 1: Letter from the
Libyan Permanent Representative to the United Nations
Secretary-General.

General Assembly Document A146f825and SecurityCouncil
Document SJ23306, 31 December 1991: Letter from the
French Permanent Representative to the United Nations
Secretary-General.

GeneralAssemblyDocument A/46/826 and SecurityCounciI
Document S123307, 31 December 1991: Letter from the
United Kingdom Permanent Representative to the United
NationsSecretary-General, Annex TitIe and ~efetence
Number

1991 (continued)

7 * General AssemblyDocument N461827 and Security Council
Document S/23308, 31 Decembyr 1991 : Letterfrom the
United States Permanent Representative to the United
NationsSecretasy-General. 1
I
General AssemblyDocument~/46{828andSecurity Council
Document S123309, 31 December 1991: Letter from the
Permanent Representatives of ~rance, the United Kingdom
and the United States to the United Nations Secretary-
Cenesal.

GeneralAssembly Document ~48840, 9 January 1992 and
A/46/840/Corr.l, 21 January 1992':Letterfrom the Libyan
PermanentRepresentative to the United Nations Secretary-
General. I

General AssemblyDocument N4.841 and Secunty Council
Document S123396, 9 January 1992: Letter from Libyan
Permanent Representative to the United Nations Secretary-
General.

General AssemblyDocumentAl461844andSecurityCouncil
Document S1234161 , 3January1992:Letterfrom theLibyan
PermanentRepresentative to the UnitedNations Secretary-

General. I
Security CounciI Document 324436, 17 January 1992:
Letter from the Libyan Permanent Representative to the
United Nations Secretary-Generd. 1

Security CouncilDocumentS123441,18January 1992:Letter
from the Libyan Permanent Repreientative to thePresident
of theSecurityCouncil. 1
i

Security Council Document SIRE$ 1/1^9921, 21 January
1992:SecurityCouncil resolution731(1992).

Security Council Document SIPVj3033,21 January1992:
Provisional Verbatimrecord of th? 3,033rd meeting of the
SecurityÇouncil. I

SecurityCouncil Document~/235dp,31 January1992:Note
by thePresidentof theSecurity Cou1cil, Annex Title and Reference
Number

1992(continued)

Security Council Document S123574, 11 February 1992:
Report by the Secretary-General pursuanttoparagraph 4 of
SecurityCouncil resolution731 (1992).

SecurityCouncilDocumentS123672,3 March 1992:Furthe1
reportby the Secretary-General pursuant tu paragraph4 of
SecurityCouncilsesoIution731 (1992).

Security Council Document SmES1748 (19921, 31 March
1992: SecurityCouncil resolutio748 (1992).

Security Council Document SJPV.3063, 31 March 1992:
Provisional Verbatim record of the 3,063rd meeting of the
SecurityCouncil.

Letter from the Secretary of State for Foreign and
CommonwealthAffairs toMrRobert Muir, 1ApriI 1992.

United NationsPressReleaseSG/1925,2 April 2992.

Security Council. Document SIPV. 3064, 2 April 1992:
ProvisionalVerbatim record of the3,064th meeting of the
SecurityCouncil.

SecurityCouncilDocument S123828, 22 Apnl 1992: Letter
from the French PermanentRepresentative to the United
Nations Secretq-General .

SecurityCouncil Document Sf23891, 8 May 1992: Letter
from the Libyan Permanent Representative to the United
NationsSecretary-General.

SecurityCouncil Document S123917, 14May 1992: Letter
from the Libyan Permanent Representative to the United
NationsSecretary-General.

Security Council Document SI23918, 14May 1992: Letter
from the Libyan Permanent Representative to the United
NationsSecretary-General.

Security Council Document S/23992, 22 May 1992: Report
of the Secretary-Generaplursuanttoparagraph8 of Security
Council sesolution748 (1992).

House ofCornons Debates,13Juae 1992,colurnns1038 to
1040. TitIand ~efeknce

SecurityCouncil Document ~/242~9, 30 June 1992: Letter
from the LibyanPermanent Representative to the United
NationsSecretary-General.
I
Secunq Council Document S124428,14 August 1992: Letter
from the Libyan Permanent ~e~résentative to the United
NationsSecretary-General.

JANA (Libya News Agency) press report, 21 October 1992
(Englishtranslation).

House of Commons Debates, 20 November 1992, columns
432 and 433.

General AssernblyDocumentA1471758and SecurityCouncil
Document S124913, 7 ~ecemberl 1992: Letter frorn the
Permanent Representatives of Frqce, the United Kingdom
and the United States to the United Nations Secretary-
Gened.
Secunty CouncilDocument 324961, 16December 1992 and
Security Council Document ~/249k l/~dd.1, 18 December
1992: Letter fram the Libyan ~emianent Representativeto
United NationsSecretary-GeneraI.

Secunty Council Document 3261 i9, 23 July 1993: Letter
from the Libyan Permanent ~e~résentative to the United
NationsSecreiary-General.
I
General AssernblyDocument~/48/114 and Secunty Council
Document S126304, 13 August $993: Letter from the
Permanent Representativesof France, the UnitedKingdom
and the United States to the United Nations Seçretary-
General. I
SecurityCouncilDocument ~/26314,17 August 1993:Letter
from the Libyan Permanent Repr~sentative to the United
NationsSecretary-Gened .
I
Security CouncilDocument ~/26500, 28 September 1993:
Letter from the Libyan Permanent Representative to the
United NationsSecretary-General. Annex Title andReference
Number

1993 (continued)

Material on ScottishCriminal TrialProcedurProvided bythe
United Kingdom tu the United Nations Secretary-General,
September1993.

Secunty Council Document S126523,1 October 1993: Letter
from the Libyan Permanent Representative to the United
NationsSecretary-Genera l

General Assembly Document A148IPV.20, 26 October 1993:
General Assembly 48th Session, 20th Plenary Meeting,
Thursday 7 October 1993 pp.4 tu10.

Security Council Document 5126629, 26 October 1993:
Letter from the Libyan Permanent Representative to the
UnitedNationsSecretary-General,

SecurityCouncilDocument S/RES/883 (19931, 11November
1993:Secunty Councilresolution883 (1993).

SeçurityCouncil Document SFV.33 12, 1 1Navember 1993:
Provisional verbatim record ofthe 3312th meeting of the
SecvrityCouncil.

Security Council Document 926760, 17 November 1993:
Letter from the Libyan Permanent Representative ta the
UnitedNationsSecretary-General.

Security Council Document S126837,3 December 1993:
Letter from the French Permanent Representative tu the
United NationsSecretary-General.

Security Council Document S126859, 1O December 1993:
Letterfrom theChargéd'affaio rfeshe Libyan Permanent
Mission tothe United Nations Secretq-General.

SecurityCouncil Document S119941900 2,9 July 1994: Letter
from the United Nations SecretaryGeneral tothe Security
Council fiesident.

SecurityCounçilDeclarationSIPRST1 I994/40,29July 1994.

Generd AssemblyDocumentA1491299 and SecusltyCouncil
Document S119941238, 9 August 1994: Letter from
Representatives of France, the United Kingdom and the
United StatestotheUnited NationsSecretary-General. Annex Titie andReferince
Nurnber
i
1994 (çontinu1d)

78 General AssernblyDocument~1494v.23: General Assembly
49th Session, 23rd Meeting, 7 Oct1b1994 pp.9 to 15.

79 House of Cornons Debates, 13~edelber 1994, colurnns40
to 48.

House of CommonsDebates, 1Febyary 1995,colurnns 1056
to1064.
l
General Assembly Document A/RES/49/60, 17 February
1995:GeneralAssemblyResolvtion49/60.

Secunty Council Document SI199b1226,27 Mach 1995 :
Letter from the Libyan permanent Representative to the
UnitedNationsSecretaryGeneral. j

Security Council Document S/PR$T/~ 995/14, 30 March
1995:Note bythe Presidentof the SecurityCouncil.

GeneralAssernblyDocument A/50/12 and Secunty Council
Document S/1995/247, 30 March 11995: Letter from the
Permanent Representativesof France, theUnited Kingdm
and the United Statesto the United Nations Secretary-
General. l
l
Sumary of Scottish Criminal Procedure in Mwder Cases,
May 1995. 1
1
Statement of Legal Provisions concerning Offences under
ScotsLaw,May 1995.Annex 1Convention for thesuppressionof unlawfulacts against the
safety of civil aviation (with Final Act of the Interna-
tional Conference onAir Law held underthe auspices
of the International Civil Aviation Organization at
Montrealin Septernber 1971). Concluded at Montreal
on 23 September1971

Authenfiefats:EngZhh,French,RussianundSpunish,
Reghteredby the UniteStateofAmerica, thc UniteKingdomof Great
BrituiandNorthem Irelandanthe UnionofSovieSociaIiRepublics
on18July 1975.

Convention pour la répressiond'actes illicites dirigés

contrela sécurÎté de l'aviationcivile(avec Acte finalde
la Conférence internationalede droitaérien tenue sous
les auspices de l'Organisationde l'aviation civile in-
ternationale A Montréa ln septembre 1971). Conclue a
Montréal le 23 septembre 1971

Texiesauthentique:anglais,françarusseetespagnol.
EnregistréeparleEfats-Unis flrnériqueleRoyaume-Uni de Grande-
Bretagneetd'Irianddu Nord etI'UrziodesR&puG/iqtresocialistes
soviétiquesle 18jui1975.

VoE.6-181 I 1975
178 United Nations- TrearySeries Nations Unies- RecueildesTraités
I

CONVENTION^ FOR THE SUPPRES S FIOUN LAWFUL ACTS
AGAINST THE SAFETYOF CIVIL AVIATION

The States Parties to the Convention
Considering fhatunlawful actsagainst the safeti of civilaviationjeopardize the
safety of persons and propesty, seriously affect the1operation of air services, and

underminethe confidence of thepeopies of the worldin the safery of civil aviation;
Considering that the occurrence of such acts ir/amatter of graveconcern;
Considering hat ,forthepurpose of deterringsdch acts, there isan urgent need

toprovide appropriate rneasuresfer punishment of 'offenders;
Have agreed asfoliows: 1 ..
-" i
Article I. 1. Any personcomrnits an offence if he unlawfufly and inten-
tionaHy : 1
l
(a) performsan act of violenceagainst a persononbpard an aircraft inflighiifthai
acris likeiyto endanger thesafety of that aircraft; or
(b) destroys an aircraft in service or causes damabe to such an aircraft which

renders itincapable offlightor which is likelyto(ndangerits safery in fiight:or
1
1 Cameinto foone26Jauuar1973in rqxm othefoliomnStateonbehalcfwtiicanUisuumenrod~m-
rionordm hadbeie CnkpositedwtheGOvermnentosftheUh' ofSovieSoaalinRepubIics,tUnited
KingdomofGm BntainandNorthemIrelandtheUnitedSiatmoAm-. i.eM daysfoUowÛ~thedate(2De-
fermceinauritdanwith arti15(3):of raufreaofraisignatorySta:cshapaniüpateditheMonueaCon-
l
dre of-ir ofimmmm~
uf,ra!ifm~iunw d (a)
aL& (LAMamu lMj
swte 1 oriY-ton<~)
Brari...........................................24 J~Y 1972(L.M.W)
Canad...........................................19Jupe 1972(L)
2ûSune 197WI
Z3Jujy 197(M)
12fuly 1972 /L,W)
Germa DeinocraticRepub........................-....U EUS^ la (MI
Guyana..........................................21Dyrnber 1972aW)
Hm-' .........................................27Dtyember 197(L,M,W)
Isra...........................:................30Junt 19720-1
6 Jéily 197(W)
197(M)
NIalaw................................................ 197a (W)
Mongolia*............................................... 197O (W)
197CW)
197FM)
Niger.................................................. 197W)
Panama ................................................ 1972(W)
RepubiiofChina........................................ isn WI
SouthAfk* ........................................... 1972(W)
Spain.................................................. 1972(W)
Thidad andTobago...................................... 1972 (W)
UnitedStaresofAmeric................................. 1972(W)
1972(L)
1972(M)
1972(L,M,W)
Itotrrinonp. If91

Vol. 974,1-14118 *S. ,;,?

1975 United Nations - Treat! s,._.. * Nations Unies - Recueil desTraitês 179

(c) placesor causes ro be.plqr;ed onanaircraft in service, by any means whatsoever,
a deviceor substance whichis likely to desrroythat aircraft, or to causedamage

toI t whichrendersi t incapableof flighr, or to causedamage to it whichis likely
tu endangerifs safety in flight; or
Cd)destroysor damagesairnavigationfacilitieçor interferes with theiroperation, if

any such act is Iikelyto endanger the safety of aircraft in flight; or
(e) cornmunicareis nformationwhichhe knows to be falçe, therebyendangering the

safery of an aircraftin flight.
2. Any person also commitç an offençe ifhe:

(US attemprs to cornmir any of the offencesmentionedin paragrapfi1of this Arti-
cle; or

(b) is an accomplice of a person who cornrnits or attemptsto cornmir anysuchof-
fence.
(Fwmore1mniinued frp. 1781

Subsequently,he Conventiocame tntforcefor theStarezlisbebw 30dafi afterthdateofdepositoftheiin-
strumentof ratificationor accessionwithGovernmmiri ofthe Union ofSovietSocialistRepublicIheUnited
Kingdomof GreatBriraiand Nonhern IrelandortheUnitedStatesofAmerica,inaccordancewithanicie15(4):
O~MI~~ICPIIoramonfru(a)r
m LondonIL)M,~KIIWIiCII
Sluje orWhuipton (IV)
Argenrin..............................................26 November 1973(L,M,W)
(Witheffm from25December1973)
Auaralia..............................................12 July 1973(L,M,W)
(Witheffect fro11August 1973)

Austria...............................................J1 February 1973(L.M,W)
(Witheffecfrorn13March 1974)

(Witheffecfrom24 March 1973) 28Mmh 1973VI
20March 1974(M)
ByelorussiSovietÇociiiiRepubli-'..................... 31 January 1973(M)
(Wirheffeafrom2 March 1973)
Chile.................................................5% February 15'4a (W)
pith effecfrom30 March 1974)
CostaRica.............................................21September 1973W)
(Witheffectfrom21October1973)
Cyprus................................................n JuIy 1973(L)
(Witheffecifrom14Seprember 1973) 30 Jdy 1973(M)
15Augua 1913{W)
Czechmlavakia*........................................10kugmt 1973(L,M,W)
[Witheffecfrom 9 September1973)
Denmark ..............................................17January 1973(L,M,W)
With effm frorn 16 Fcbniary1973. Decisiorcamed
regardtheappbmùonof the ConverniontotheFame Islands
andGreenland)
DominicanRepublic.....................................28 November 1973(W)
(Witheffecfrom 28 Decernbe1973)
Fiji...................................................5March 1973(W)
(Witheffectfrom4ApriI1373) 18April 1973(LI
28 ApriI 1973(Ml
Finlan................................................13July 1973a (L.M.W)
(Withefïectfrom12Augusi 1973)
Ghana ................................................12Decembcr 1973a (w)
(Wirheffecfrom 1IJanuary1974)
Greece................................................ISJanw 1974 (W)
(Wirh effefrorn14February1974)
Iceland...............................................29 lune 1973(M)
(Witheffectfrom29July1973) 29 June 1973a (L,W)
Im ..................................................10July 1973a (L,M,W)
(Witheffet[rom 9 August1973)
Iraa..................................................10 Scptember 1974a (M)
(~irheffectfromIOOciober 1974)
Conrinrtonp.180)
Vol.974.1-14118 I
l
United Nations - Treaty Series Nations Unies - ~+cueil desTraités 1975
180
l

Article 2. For the purposes of this Convention: 1

(a) an aircraftisconsidesed to be in flight at any timefrom the moment when
al1its externaldoorsareclosed followingembarkation untilthe moment whenany
suchdoor is opened for disembarkation;in the caseof a forcedlanding, the flight

shall be deemed to continue until the competent authorirfes take over the respon-
sibiIityfor the aircraft and fur persons and property on board;
(~ooinoiImnrinuedfnp. f91 oji&l ofiitru~mienr
ofmtirtion ara- (a).
arL+on {LI,-w IMI
State orWashing~nW)
~mly................................................ 19FebruaryI 1974 (L,M,W)
(Witheffecrfro21 March 1974) 1
1~01-yCoas........................................ 9 January1 1973 O (W)
(With effecrfr8mFebruary1973) 1
Japan................................................12June I 1974 a(L,W)
(Witheffect Cram1July 1974) l
ord da...............................................13Febnrary 1973 (L)
(Witheffecr fr15Mach 1973) 19February/ 1913 (MI
25April 1 1973 (W)
Libya nrabRepubiic...................................19~ebruary1 1974 Q(W)
(Wlth effm from21 March 1974)
Madw ...............................................12Septemba 1974 (L,M,W)
(WitheffectfromIZ OEtober1974)
Netheriands..........................................27August i 1973 RM.W)
(With effect £rom26Septemk 1973forihe Kingdomin
Europe andSurinam.and withadechuon toihe effectthar
1 the Conventionshd applyto theNethahds Antilles from
l 11June1974)
I New%d ...........................................12Febniary1 1974 (L,M,W)
(Witheffectfrom14 Marcfi19741 l
Nicatagua.............................................. ~overnhi 1973 (W)
i With effectfrom6 December 1973) I
Nicria................................................3July 1973 O(W)
(Witheffecrfrom2 August 1973) 9 1 lm a{r)
20 July 1973 O(M)
Noway ...............................................1Augui / 1973 a(L.M,W)
(With effecfrom31 Augun 1973)
l Pakii.. ............................................16Jmary 1 194 O(M)
1 (Witheffectfrom15 Febniary1974) 24January/ 1W4u(L,W) .
Paraguay..............................................5March 1974 (WJ
(Witheffeeifrom4 April 1974) l
Philippine.......1...................................26 March 1 1973 (W)

1 Pobd*h ..............................................26January 1 1975 (LM)
(Witheffect fro27 February1975)
Portuga................................................ 1913(L)
(Witheffectfror14 February1973)
RepubiicoKorca*.......................................2AugusrY 1 1973a (W)
(With efftet fromI Septemb1973)
SaudArabia'..........................................14lune / 1974. (W)
(With efftct fr14 July 1974)
Sweden...............................................10July 1 1973 a (L,M,W)
(Witheffeçt fmm9August1973) I
UkrainiaSovietSoc* Republic*........................26Fehary / 1973 (ME
With effea from28 Mardi 1973)
UnionofsovieSaart ~cpubsa* .................... 19Febniaryj 1913 (L.M,w)
(With effm from21March 1973)
UnitedKingdomofGreatBritaiandNonhm Ireland*....... 25Oetober 1973 (L,M,W)
(Witheffectfrom24Navernber1973.InrespeaoftheUnited
KingdomofGreat BEitairiand Nonhern lrelandandfer-
ritorieunder the temtorial mvereignty of the United
Kingdomas welastheBritisSolomonIstandsProtectorate)
UniredRepubiiofCameroon ............................i I Juiy 1973 g(W)
(Witheffectfr~m10August 1973)
* Seep. 223of 1hkvolumeforrhtex1ofthereservationsanddeciaratîmade uponratificationaCCtsSiOn+
l
Vol. 974.1-14118 1. _.
% ?
1975 UnitedNations- TreatvSeries NationUnies - Recuei! desTraités 181

(b) an aircraft is considered to be in service from the beginning of the
preflightpreparation of the aiscraft by ground personnel or by the crew for a
specific flight untiPtwenty-four hoursafter anylanding;the period of serviceshall,
in any event, extend for the entire period during which the aircraftisin flightas
definedin paragraph (a)of this Article.

Article 3. Each Contracting Stateundertakes tomake theoffences rnentioned
in ArticleI punishablebyseverepenalties.

Arficle4. 1. This Convention shall not apply to aircraft usedin rnilitary,
customs or police services.
2. En the cases contemplated in subparagraphs (a), (b), (c) and (e) of
paragraph1of ArricIe1, this Conventionshallapply, irrespecriveof wherher theair-
craft is engagedin an international ordomestic flight, only if:
(a) the place of rake-offor landing, actual or intended,of rhe aircrafiis situated
outsiderhe territorof the Stateof registrationof that aitcraft;or
(b) the offence is comrnirtedin the territoryof a State othes than the State of

re'gistratioof theaimait.
3. Notwithstanding paragraph2 of this Articlein the casescontemplatedin
subparagraphs(a), (b), (c)and(e)of paragraph 1of Article1, thisConventionshalE
also app1yif theoffender or rl~eallegedoffenderis foundin the territoryof aState
otherthan the Stateof registrationof the aircraft.
4. Withrespect to theStatesmentionedin Article 9and inthe casesmentioned
in subparagraphs (a), (b)(c)and (e)of paragraph1 of Article 1,this Convention
shalInot apply if theplaces referredto in subparagraph(a)of paragraph2 ofthis
Articlearesituated withinthe territoryof the same State whese thatState is oneof
thosereferred toin Article 9, unlessthe offence is comrnittedor the offender or
aIIegedoffender isfound in the territoryof aState other than thatState.

5. Xnthe casescontemplatedin subparagraph (d)of paragraph iof Article1,
thisConventionshalI apply only if theairnavigation facilitiesareusedin interna-
tionalair navigation.
6. The provisionsof paragraphs2, 3,4 and 5 ofthisArticleshalIalso appiyin
the casescontemplatedin paragraph 2 of Article 1.

Article 5. 1. Each ContractingState shall take such measures as may be
necessary to establishitsjurisdicrioover the offences in the foIIowingcases:
(a) when the offence isçornrnittedinthe territoryof that State;
(b) whenthe offence iscornmitted againstor on boardanaircraftregistered inthat
Stare;

(c) when theaircrafton boardwhichthe offence is comrnittedlandsin its territory
with the aEIegedoffender sri1on board;
(d) when the offence is cornrnirtedagainst oron board an aircrafileasedwithout
crew ro a lesseewho has his principal place of businessor, ifthelesseehas no
suchplace of business, his permanent residence,in thatState.
2. Each ContractingStare shallIikewisetakesuchmeasures as mnybe necessary
to establisitsjurisdicrionover theoffences rnentionedinArticle 1, paragraph 1 (a),
(b) and (clandinArticle 1,paragraph2, in so faras thatparagraph relateto those
offences,in the casewherethe ailegedoffender is preseniin itsterritorand irdoes
not extradirehimputsuant toArticle8 io any of theStatesmentioneé inparagraph I
of thisArticle. I
182 UnitedNations - TreatySeries NationsUnies - RecueilderTraités 1975
l

3. This Convention does not excludeany criminal j?risdiction exercisedin ac-.
cordanc weith national law.

Anide 6. 1. Upon being satisfiedthai the circubrtances so warrant, any
Contracting Srate in the territory ofwhich the offendetior the alleged offender is
ptesent, shall rake him in10custody or take other measures to ensurehispresence.
The custody and ciher measures shallbe as provided inthé law of chatState but may
only be continued for such tirneas is necessaryEO enable aly criminal or extradition
proceedings to be insiituted.
2. Such State shall irnrnediarelymake a preliminary enquiry into the facts.
3. Any personin custodypursuant to paragraph1 ofthis Articleshall be as-
sisted in communicating immediately witiit.e nearestappropriate rcpresentative of
the State of whichhe is a national. 1 . ..

4. When a Siaie, pursuant to rhisArtide, hastaken a person into custody, ii
shall immediaiely notify the Siates mention& in Article 5,paragraph 1,the Srate of
nationality of the detained person and, if itconsiders iladvisabte, any other in-
.terested Stateof ihe facrthat such person is in custody' and of the circumstances
which warrant his detention. The State which makes the preliminary enquiry con-
rernpiated inparagraph 2 of this Article shaipromptly report its findingio the said
States and shall indicare whether it intendsro exercisejqrisdiction.

Article 7. The Contracting Starein the territory oiwhichthe allegedoffender
isfound skall, if iidoes not extradite hirnbe obliged,without exceptionwhatsoever
and whether ornot the offence was committedin itsterri'toryto submit the case to
its competent authorities for the purposeof prosecutio?. Those authorities shall
take theit decisionin the same rnanner as in the case of any ordinary offence of a
serious nature underthe law of that State. I
1 Article 8. 1. The offencesshaI1 be deemed to behcludedasextraditabie of-

fences inany extradit ion treaty existing between Contracting States. Contracting
States undertake to indude the offencesas exiraditable offencesin every extradition
I treaty to be concluded between them. I
2. If a Contracting Statewhich makesextradition =onditionalon theexistence
of a treazyreceives a requestfor extradition from another Contraciing State with
I which ithas no extradition treaty,it may at ils option cpnsiderrhisConvention as
i the legai basis forextradlrion inrespect of ihe offences.Extradition shall be subjeci
to the other conditions provided by the lawof the requested State.
3. Contracting Siateswhichdomor makeextradition conditional on ihe ex-
istence of a treaty shall recognize the offences as exrraditableoffences bezween
thernselves subjectto the conditions provided by the la+ of ihe requesied Srate.

4. Eaçh of the offences shaIl be treaied, for the purpose of extradiiion be-
tween Conrracting States, asifithad been cornmi ttedno1onlyin the place in which
it occursed bit1alsoin the territories othe Statesrequiredto establish theirjurisdic-
tionin accordancewith Article 5, paragraph 1 (b), (ç)&d (a.
Article P. The Coniracring States which establish joinr air transport
operaiing organizations or international operating agencies,which operate aircraf t
whichare subject to joint or iniernaiional registraiion s/alby appropriaie means,
designatefor eachaircrafithe Stale arnong them whichshallexercisethejurisdiction
and have the atiribures of the Staieof regisirationfor rhepurpose of thisConven-

tionand shall give notice hereof io he EnternarionalCivil Aviation Organization
which shall cornmunicate the noiice to al1Siates Partie4 lo ihis Convention.
Vol.974. 1-14118 l184 UnitedNations - TreatySeries Nations Unies -1 RecueidesTraités 1975

2. This Convention shall besubjeci to ratificatiofby thesignatoryStates.In-
strumen t of ratificationand instrumentsof accession, shallbe depositedwith the
Governrnenro sf the Union of Soviet SocialistRepubiics,the United Kingdom of
Great BritainandNorthernIseland,and the United States of America,whichare
herebydesignated the Depositary Governrnents. 1
3. This Convention shallenterinto force thirrydaysfollowing the date of the
deporir of instrumentsof ratification by ten States signatory to thisConvention

which participatedin the Monrreal Conference. 1
4. For other States,thisConventionshallenter into forceonthedateof entry
inreforce of this Convention inaccordance withparagraph 3of this Article,orthirry
days following the dare of deposit of theirinstruments of ratificationor accession,
whichever islater. I

5. The Deposirary Govemrnenrsshall promptly linformal1 signatory and ac-
ceding Statesof thedareof eachsignature, the date of qieposiof eachinstrumentof
ratificationoraccession, thedate of entry into force of thisConvention, and other
notices. ,
6. As soon as thisConventioncornes into force:it shallbe xegisteredby rhe
Depositary Governrnents purniant toArticle 102 of theConventionon International
CivilAviation (Chicago, 1944). '

Article 16. 1. Any Contracting State may denounce this Convention by
written notificationro the DepositaryGovernments. 1

2. Denunciationshalltakeeffect six months foll0wing the dateonwhichnoti-
ficationis received by the Deposi~ary Governrnents. ;
IN WITNESS WHEREOF theundersigneci ~leni~oten/iaries,being duly authorized
therefo by rheirGovernments, have signed this Convent ion.

DONE atMontreal, thisiwenty-thirddayof ~eptembcr, one thousandninehun-
dredand seventy-one, inthree originals,eachbeingdrawn up in fourauthenric rexts
in theEnglish,French, RussianandSpanish languagqs.

1Uniied Nations, Treaty Ser15,p.295.For!heiexiofihelProiocols amendinConvention, see
vol320,pp. 2and 217vol418, p161vol. 514, p.vol. 74p. 21andvol893.p. 117.

Vol. 9Y4.1-14118Annex 2UNITED
NATIONS

SecurityCouncil

Distr.

GEWERAL

Adontea bv the Security Couneilat its 3033rd meetinq,
on 21 January 1992

Deeplv disturbed by the world-widepersistence of acts of international

terrorism in al1 its f~rms, iacluding those in which States are directly or
indirectly invoïved, which endanger or take innocent lives,have a deleterious
effect on international relations and jeopardize the seçurity of States,

Deeplv concerned by al1 illegal activitieçdirected against international
civil aviation, and affirmingthe right of al1 States, in accordance with the

Charter of the United Nations and relevant priaciples of international law, to
protect thekr nationals £rom acts of international terrorism that constitute
threats to international peace and security,

Reaffixtninq its resolution 286 (1970) of 9 September 1970, in which it

called on States to take al1 possible legal steps to prevent any interference
uitb internationalcivil air travel,

Reaffirmina also its resolutioa 635 (1989) of 14 June 1989, in which it
conàemned al1 acts of v~lawful interference against the securityof civil
aviation and called upon all States to eooperate in devising and implementing
measures to preveat al1 acts of terrorism,ineluding tbose involving

explosives,

Recallinq the statementmade on 30 December 1988 by the ~residentof the
Se¢utity Couacil on behalf of the membersof the Couneil çtrongly condemning
the destruction of Pa Am flight 103 and caliing on al1 States to assist in
the apprehensionand proseeutionof those responsible for this crimiaal act,

Dee~kv eoneeraed over the resultsof investigations, which implicate
officiais of the Libyan Goverment and which are contained in Security Council
documents that include the requestsaddressedto the Libyan authoritiesbyS/RES/731 (1992)
Page 2

France, &/, S/ the United Kingdom of Great Britain and l~orthern Ireland 2/,3/
and the United States of Ameriea 2/, -/, 51 in connect+on with the legal
procedures related to the attacks carried out against hieriean flight 103
and Union de transports aérens flight 732:

Determined to eliminate international terrorism,

1. gandemns the destruction of Pan Ameriean flidht 103 and Union de
tranportsaérens flight 772 and the resultantloss of dundreds of lives:

2. Stronsly de~lores the fact thattbe Libyaa Gqvernmenthas not pet
respondedeffectively to the above requests to cooperage Eully in establishing

responsibility for the terrorist acts referred to above:against Pan kmerican
flight 103 and Duion de trariports aérees flight 772; (
l
3. Urses the Libyaa Goverment inmiediately to provide a full and
effective response to those requests so as to contribute to the elimination of
internationalterrorism: 1

1
4. feauests the Secretarp-General to seek the edoperationof the Libyan
Goverment to provide a full and effective response to /those repuests;
I
5. Uraes al1 States iadividually and collectivel~ to encourage the
Libyari Goverment to respondfuLly and effectively to those requests;

6. Decides to rernain seized of the matter.Annex 3 Security Council Diçtr .
GENERAL

S/RES/T48 (19925
31 March 1992

Ado~ted bv the Securitv Cauncil at its 3053rd meetinq,

The Securitv Couneil,

Reaffirminq its resolution 731 (1992) of 21 January 1992,

Nocinq the reports cf the Secretary-General, &/ 2/

that the Libyan Goverment has still not provided a full
and effective response to the requests in its resolution 731 (1992) of
21 January 1992,

Convinced tbat the suppression a£ acts of internationalterrorism,
iacluding those in which States are directly or indireetly involved, 1s
essential for the maintenance of international peace and security,

Recallinq that, in the statement issued on 31 January 1992 on the
occasion of the meeting of the Seeurity Council at the level of headç of State
and Goverment, 31 the rnembers of the Coucil expressed their deep eoncern

over acts of international terrorism, and emphasized the need for the
international community to deal effeetively with al1 such actrs,

Reaffirmiaq that, in accotdance with the principle in Article 2,
paragraph 4, of the Charter of the United Nations, every State has the duty to
refrain £rom organizing, instigatiag, assisting or participating in terrorist
acts in another State or acquiescing in organized activities withkn its

territory directed towards the commission of sueh acts, when sueh acts invalve
a threat or use of force,

92-14910 41922 (E) 310392 31 0392SfRES1748 (1992)

Page 2

~etermininq, in this context, that th@ failhre by the Libyan Government
to demonstrate by concrete actions Its renunciation of terrorism and in
particular its continued failure to respond fully and effectively to the

requests in resoïution 731 11992) çonstitute a threat to international peace
and seeurity,
l
Determined to elimïnate international terrorism,
l
Reeallinq the right of States, under Article 50 of the Charter, to
conîult the Security Counei l vhere they find the#selves confronted with

special ecoaomie psoblems arising £rom the carrying1 out of preventive or
enforcement measuses,
1
Aetingunder Chaptcr VI1 of the Charter, 1

1. that the Libyan Government rnusl now comply vithout any
further delay with paragraph 3 of resolution 731j (1992) regarding the requests

contained ia documents S/23306, Si23308 and SJ23309:
l
2. Deeides alsa that the Libyan ~overnmen$ must commit itself
definitively to eease al1 forms of terrorist action and al1 assistance to
terroristgroups aad that it must promptly, by concrete actions, demonstrate
its reaunciation of terrorism:

3. Deeides thar, on 15 April 1992 al1 ~ta4os shall adopt the rneasures
set out below, which shall apply until the Security Council decides that the
Libyan Goverment has cornplied with paragraphs 1'and 2 above;

4. tthat a11 States =hall: 1

(a) Deny permission to any aircraft to take l off £rom, land in or overfly

their territory if it is destined to land in or das taken off £rom the
territory of Libya, unless the particular flight /has been approved on grounds
of signlficant humanitarian need by the Cornmittee established by paragraph 9
below;

(b) Prohibit, by their nationals or from tdeir territory, the çupply of
any aircraft or aircraft components to Libya, the: provision of engineering and
maintenance servicing of Libyan aircraft or aircr,aft components, the

certif icatioa of airworthiaess for Libyan aircraf,t, the payment of new claims
against existing insurance contracts and the prov,ision of new direct insurance
for Libyan aircraft; I
I
5. Decides further that al1 States shall: !
I
Prohibit any provision to Libya by their natioaals or from their
(a)
territoryof arms and related material of al1 typeI, including the sale or
traiisfer of weapons and munition, military vehiclss and equipment,
pararni1itar-y police eqvipmant and spara parts for 1the aforementioned, as vell
as the provisionof any types of equipment, supplies and grants cf licensiag
arrangements, for the rnanufacture or maintenance b f the aforementioned;
l Page 3

w (b) Prohibit any provision to Libya by their nationals or from their
territory of technieal advice, assistance or training related to the
provision, manufacture, maintenance, or use of the items in (a) above:
I
(c) Withdraw any of their officials or agents present in Libya to advise
the Libyan authorities on militarp matters;
1
6. Decides that al1 States shaL1:

(a) Significantly reduce the number and the level of the staff at Libyan
R diplomatie missions and eonsular posts and restrict or control the movement
within their territory of al1 such staff who remain: in the case of Libyan

I missions to international organizations, the host State may, as it deems
necessary, consult the organizatipn cencerned on the measures required to
irnplementthis subparagraph:
m
(b) Prevent the operation of al1 Libyan Arab Airlines offices:

(c) Take al1 appropriate steps to deny entry to or expel Libyan
I nationals who have beee denied entry to or expelled from other States beeauae
of their involvement in terrorist activities:

8 7. Calls upan al1 States, including'states aot members of the United
Nations, and al1 international organizations, to act strictly in accordance

C. with the provisions of the preseat resolution, notwithçtandingthe existence
of any rights or obligations conferred br imposed by aey international
agreementor any contract entered iato or any licence or permit granted prios
to 15 Aprll 1992;
R
8. Requests al1 States tu report to the Seeretary-Generalby
15 May 1992 on the measures they have instituted for meeting the obligations
I set out in paragraphs 3 ta 7 above;

g, Decideç to establish, in accordance with rule 28 of its provisional
1 rules of procedure, a Committee of the Security Council consisking of all the
rnembers of the Council, to undertake the following tasks and to report on its
uork to the Council with its observations and recommendatio~s:
I

(a) To examine the reports submitted pursuant to paragraph 8 above;

1 (b) To seek f rom al1 States further information regarding the action
eaken by them conceraing the effective implementation of the measures imposed
by paragraphs 3 to 7 above:
I
(c) To consider any information brought to its attention by States
concerning violations of the measures imposed by paragraphs 3 to 7 above and,
1 in that context, to make recommendationsto the Councilon ways ta inerease
theireffectiveness;S/RES/748 (1992)
Page 4

1
I
(d) To recommend appropriate measures in rdçponse to violations of the
measures imposed by paragraphs 3 to 7 above and provide information on a
regular basis to the Secretary-General fer genera1 distribution to Member
States; I
l
1 '
te) To consider and to decide upon expèditiously any application by
States for the approval of flights on grounds of signiflcant humanitasian need
in accordance with paragraph 4 above;
l
To give special attention to any comm&ications in accordance with
(f)
Article 50 of the Charter from any neighhouring or other State witb special
economic problems that rnight arise from the carrying out of the measures
imposed by paragraphs 3 to 7 above; I

10. Calls upon al1 States te cooperate fully with the Cornmittee in the

fulf ilment of its task, including supplying such 1information as may be sought
by the Commkttee In pursuance of the present resolut1on:
l
11. Reauests the Secretary-General to provSde al1 necessary assistance
to the Cornittee and to make the necessary arrangements in the Secretariat for
this purpose;
l

12. Invites the Secretary-Generalto contihue his role as set out in
paragraph 4 of resolution 731 (1992 ;
1
13. Decides that the Securikp Couneil shal?, every 120 days or sooner
should the situation so require, review the measures imposed by paragraphs 3

to T &ove in the light of the cornpliance by thellibyaa Government with
paragraphs 1 and 2 above taking into account, as 'appropriate, any reports
provided by the Secretary-General on his role as set out in paragraph 4 of
resolution 731 (1992): 1

14. Decides to remain seized o£ the matter! i
,Annex 4UNKED
NATIONS

Security Council

S/RES/8&3 (1993)

11 Novernber 1993

Adoated bv the Security Couneil at its 3312th meetinq,
on 11 Movember 1993

The Securitv Couneil,

~eaffirminq its resolutions 731 (1992) of 21 January 1992 and 748 (1992) of
31 March 1992,

Dee~lv concerned that after more than twenty monthç the Libyan Government
haç not fully complied with these resalutions,

Determined to eliminate international terrorisrn,

Convinced that those reçponsible for acts of internationalterrorism must
be brought to justice,

Convinced also that the suppressionof acts of internationalterrorism,

including those in which States are direetly or indirectly involved, is
essential for the maintenance of international peace and security,

Determininq, in this context, that the eontinued failure by the Lhbyan
Government to demonstrate by concret@ actions its renunciation of terrorisrn, and
in particular its eontinued failure to sespond fully and effectîvely to the

requeçts and deciaions in resolutions 731 (1992) and 748 (1992), constitute a
threat to international peaee and security,

Takina note of the letters to the Secretary-General dated 29 September and
1 October 1993 from the Secretaq of the General People's Cornittee for Foreign
Liaison and International Cooperation of Libya (S/26523) and his speech in the
General Debate at the forty-eighth session of the General Assembly (A/48/PV.20)

in which Libya stated its intention ta encourage those charged with the bornbing
of Pan Am 103 to appear for trial in Scotland and its willingness to cooperate
with the competent French authorities in the case of the bomtsing of UTA 772,

Expressinq its gratitude to the Secretary-General for the efforts he haç
made pursuant to paragraph 4 of resolution 731 (1992),

Reeallinqthe right of States, under Article 50 af the Charter, to consult
the Security Ceuneil where they find themselves confranted with çpecial eeonomic
problems arising from the carrying out of preventive or enforcement measures,

93-62678 (E) /-. - S/RES/883 (1993)
Page 2

Actinq under Chapter VI1 of the Charter,

1. Dernands once again that the Libyan ~overhent comply without any
further delay with sesolutions 731 (1992) and 748 1(1992);
l

2. Decides, in order to secure cornpliance by the Libyan Covernment with
the deeisions of the Council, to take the following rneasures, whieh shall come
inte force at 90.01 EST on 1 December 1993 unlesç the Seeretary-General bas
seported to the Council in the terms set out in paragraph 16 below;
1
1 3. Decides that al1 States in which there ar Ie funds or other financial
resources (including funds derived or generated frmI property) owned or
I
cantrolled, directly or indireetly, by: l

(a) the Gaverment or public authorities of Eibya, or
l
(b] any Libyan undertaking, 1
l
l
shall freeze sueh Sund6 and financial resources and ensure that neither they nor
any other funds and financial resourees are made alailable, by their nationals
or by any persons within their territory, direetly(or indirectly, to or for the
benefit of the Government or public authorities of 'libya or any Libyan
undertaking, which for the purposes of this paragraph, means any commercial,
industrial or publie utility undertaking which iç dwned or controlled, directly

or indirectly, by l
l
(k) the Government or publie authorities of 4ibya,
I
(ii) any entity, wherever located or orqanized, med or controlled by (i),
or
i

(iii) any person identifiéd by States as acting on behalf of (i) or {ii) for
the purposes of this resolution; i
l
4. Furizher deeides that the masures imposed' by paragraph 3 above do not
apply to funds os other financial resaurces derived from the sale or supply of
any petroleum or petroleum praduets, inçludkng natuyal gaç and natural gas

produetsi or agricultural products or canmioàkties, 1riginatkng in Libya and
exportecl therefrorn after the the speeified in paragraph 2 above, provkded that
any such fundç are paid into separate bank aecountsiexclusively for these funds;
l
5. ~ecides that al1 States shall prohkbit an$ provision to Libya by their
national5 or from their territory of the items listyd in the annex to this

resolution, as well as the provision af any types of eguipment, supplies and
grants of licensing arrangements for the manufacture or maintenance of sueh
items ; 1

6. Further decides that, in order ta make fully effective the provisions

of resolution 748 (1992), al1 States shaI.1:

(a) require the immediate and eomplete clasur4 of al1 Libyan Arab Airlines
offices within their territories; 1
I S/RES/883 (1993)
Page 3

(b} prohibit any commercial transactions with Libyan Arab Airlines by
their nationals or from their territory, including the honouring os endorsement
of any tickets or other documents issued by that airline;

i) the making available, for operation within Libya, of any aireraft ar
aireraft camponents, or

(ii) the provision of engineering or maintenance scrvieing of any aircraft

or aircraft components within Libya;

(d) prohibit, by their nationals or £rom their territory, the supply of
any materials destined for the construction, impravement or maintenance of
Libyan civilian or ailitary airfields and assoeiated facilities and equipment,
or of any engineering or other services or componentç destined fox the
maintenance of any Libyan civil or rnilitary airfields or associated facilities

and equipment, except emergency equipment and equipment and services directly
related to civilian air traffic control;

(e) prohibit, by their natlosals or fram their territory, any provision of
advice, assistance, or training,to Libyan pilots, flight engineers, or aircraft
and ground maintenance personnel associated with the operation of aircraft and

airfielda within Libya;

If) prohibit, by their nationals or from their territory, any renewal of
any direct insurance for Libyan aircraft;

7. Confirmç that the decision taken in resolution 748 (1992) that al1

States shall significantly reduce the level of the staff at Libyan diplmatic
missions and consulas poats includes al1 missions and pasts established since
that decision or after the coming into force of thia reaolution;

8. Decides that al1 States, and the Government of Libya, shall take the
necessary measures ta ensure that no clah shall lie at the instance of the
Government or public authorities of Libya, or of any Libyan national, or of any

Libyan undertaking as defined in paragraph 3 of this resolution, or of any
person clabing through or for the benefit of any auch person or undertaking, in
connection with any contract or other transaction ar commercial operation where
its performance was affected by reason of the measures imposed by or pursuant to
this resolution or related resolutions;

9. Instruets the Cornittee established by resolution 748 (1992) to draw

up eapeditiously guideLines for the implementation of paragsaphs 3 to 3 of this
resolution, and to amend and supplenient, as appropriate,the guidelines for the
implementationof resolution 748 (1992), especially its paragraph 5 (a);

10. Entrusts the Committee establishedby resolution 748 (1992) with the
task of examining possible requests fer assistance under the provisions of

Article 50 of the Charter of the United Hatione and making recommendations to
the Président of the Security council for appropriate action; S/RES/883 (1993)
Page 4

l
11. Affims that nothing in this resolutionj affects Libya's duty
scrupulously ta adhere to ail of its obligations ~lncernin~ servicing and
repayment of its foreign debt;
i
12. Calle om al1 States, including ~tatasl not Hembers of the United
Nations, and al1 international osganizations, to act strietly in accordance with
the provisions of the present resolution, n~twithstandin~ the existence of any

rights or abligations conferred or imposed by any' international agreement or any
contract entesed into or any licence or permit grantecl prior to the effective
the of this resolution; 1
I
13. Resuests al1 States to repart to the ~eéretary-6eneral by
15 January 1994 on the measures they have instituded for meeting the obligations
1
set out in paragraphs 3 to 7 above; l
1
14. Invites the Secretary-General to continue his role as set out in
paragraph 4 of resolution 331 (1992); \

15. calls aaain umn al1 Member States indi*idually and eollectively ta
encourage the Libyan Government to respond fully and effectively to the requests

and decisions in reaolutïons 731 (1992) and 748 (1,992 )
1
16. Expresses its readiness ta review the measures set forth above and in
resolution 748 (1992) with a view to suspending thpm hmmediately if the
Secretary-General reports to the Council that the Libyan Government has enaured
the appearance of those eharged with the bombing OF Pan Am 103 for trial before

the appropriate United Kingdom or United States coyrt and has satisfied the
French judicial autharities with respect ta the bo)rinq of DTA 772, and with a
view to lifting them immediately when Libya complies fully with the requests and
decisions in sesolutions 731 (1992) and 748 (1992); and resuests the
Seeretary-General, within 90 days of such suspensiXn, to report to the Council
on Libya's cornpliance with the rwnaining provisions of its resolutions
731 (1492) and 748 (1992) and, in the case of non-cornpliance, expresses its

resolve ta terminate irrimediately the suspension oflthese measures;

17. Decides to remain scired of the matter. /
l S/RES/883 (1993)
Page 5

Annex

The following are the items referred to in paragraph S of this resolution:

1. Pumps ai medium or large capacity whose capacity is equal to or larger
than 350 cubi~ metres per hour and drivers (gas turbines and electric
motors) designed for use in the transpcrrtation of crude oil and natural

g=s

II. Equipment designed for use in crude oil export terminals:

- Loading buoys or single point moorings (çpm)

- Flexible hoçes for conneetion between underwater manifolds (pl-) and
single point mooring and floating loading hoçes of large sises (frwn
12" to 16")

III. Equipment not speeially designed for use in crude oil export terminals but
which because of their large capacity can be used for this purpose:

- Loading pumps of large capaeity (4,000 m3/h) and srnall head (10 bars)

- Boosting pumps within the same range of flow rates

- Inline pipe line inspection tools and cleaning devices (i.e. pigging
toola) (16" and above)

-
Metering equipment of large capacity ~1,000 m3/h and above)

IV. Refi~ery equipment:

- Bailers meeting American Society of Mechanieal Engineers 1 standards

- Purnaces meeting American Saciety of Mechanical Engineers 8 standards

- Fractionation columns meeting American Society of Heehanieal Engineers
8 etandards

- Pumps meeting Arnerican Petrolem Institute 610 standards

-
Catalytic reactorç meeting American Saciety of Mechanical Engineers 8
standards

- Prepared eatalysts,includingthe following:

Catalystç containing platinum
catalysts containing molybdenum

V, Spare parts destined for the items in 1 to IV above.

---CLAnnex5UhnTED
NATIONS

Distr.
GeneralAssembly SecurityCouncil GENERAL

A/46/825*
S/23306*
31 Pecember 1991

ENGLISH
ORIGINAL: FRENCH

GENERALASSEMBLY SECURITY COUNCIL
Forty-sixth sessian Forty-çixth year
Agenda item 125
MEASURES TO PREVEUT INTERNATIONAL

TERROBISMWHXÇH ENDANGERS QR
TAKES INNOCENT HUMAN LIVES OR
JEOPARDIZES FUNDAMENTAL FREEDOMS
AND STUDY OF THE UNDERLPING
CAUSES OF THOSE FORMÇ OF

TERRORISM AND ACTS OF VIOLENCE
WICH LIE IN MISERY, FRUSTRATION,
GRIEVANCE AND DESPAIR AND WICH
CAUSE SOME PEOPLE TO SACRIFICE
HüMiW LIYES, INCLUDING TIZEIR OWN,

IN AN ATTEMPT TO EFFECT RADICAL
CHANGES

Letter dated 20 December 1991 £rom the Permanent
Representative af France to the United Nations
addressed to the Çecretary-General

I have the honour to transmit herewith the text of a communiqué from the
Preçidenry of the French Republic and the Ministry of Foreign Affairs
concerning the judicial inquiry condncted on the attack on the UTA DC-10 of
19 September 1989.

1 shoufd be grateful if you would have this letter and its annex
circulated as an official document of the General Assernbly,under agenda
item 125, and of the Security Çouncil.

(Sianed) Jean-Bernard MERIMEE

* This communicationis reissued at the request cf the Permanent

Mission of France to the United Nations.A/46/&25
5/23306

Enqlish
Page 2

ANNEX
l
I
~omrnuniqué from the Presidency of thelFrench Republic
and the Minkstry of Foreiqn Àffairç

The judicial inquiry conducted with regard to the attack on the
UTA DC-10, which resulted in 171 deaths on 19 places heavy
presumptions of gvilt for this odious crime on Libyan nationals.

Accordingly, following the summoning of of Libya to France
by the Ministsr of State, Minister for Foreign ~ffkils, the French Goverment
reiterates its demand that the Libyan authorities cooperate immediately,
effectively and by al1 possible means with French iustice in order to help to
establish rcsponçibilityfor this terrorist act.

To that end, France calls upon Libya:

- To produee al1 the material evidence in its possession and to
facilitate access to al1 documents that hight be useful for

establishing the truth. 1

- To facilitate the necessary contacts and' meetings. inter dia, for
the assembly of witnes~es~

- To authorize the responsible Libyan officialç to respond to any
request made by the examining magistrate responsible for judicial
information.Annex 6NATIONS

Distr.
General Rssemhly Security Council GENERAL

,. AJ46/826*
5/23307*
31 December 1991

ORIGINAL: ENGLISH

GENERAL ASSEMBLY SECURITY COUNCIL
Forty-sixth session Forty-sixth year
Agenda item 125
MEASURES TO PREVENT INTERNATIONAL

TERRORISM WHICH ENDANGERS OR
TARES INNOCENT HLTMAELaIVES OR
JEOPARDIZES FUNDAMENTAL FREEDOMS
AND STUDY OF THE UNDERLYING

CAUSES OF THOSE FORMS OF
TERRORIÇM AND ACTS OF VIOLENCE
WHICH LIE IN MIÇERY, FRUSTRATION,
GRIEVANCE AND DESPAIR AND WWICH
CAUSE SOME PEOPLE TO SACRIFICE

EKbiANLIVES, INCLUDING THEIR OWN.
IN AN ATTEMPT TO EFFECT RADICAL
CHANGES

Letter aated 20 December 1991 £rom the Permanent Re~resentative
of the United Kinqdom of Great Britain and Northern Ireland to
the United Nations addressed to the Çeeretarv-General

I have the honour ta enclose:

(a) The text of the statement made by the Lord Advoçate of Scotland on
14 November 1991 relating to the investigation into the destruction ai a

Pan Am airliner over ScotLand on 21 December 3988 with the loss of 270 lives
(annex 1) ;

(b) The text of the Foreign SecretarpDs statement on the matter in the
British Houses of Parliament on 14 Novernber 1991 (annex 11);

* This communication is reissuedat the request of the Permanent
Missionof the United Kingdom of Great Britain and Northern Irelaad to the
United Nations.A/46/826

S/23307
Fnglish
Page 2

I çhould be grateful if you would have this letteri and itç enclosures
1
circulated as a document 05 the General Assembly, undefi agenda item 125, and
of the Security Council. A/46/826

S/23307
Engli sh
Page 3

Announcement by the Lord Advoeate of Scotland on 14 November 1991

The Lockerbie investigation has now been in progress for almost three
years. In the recent rnonths the Lockerbie investigation team headed by the
Chief Constable of Dumfries and Galloway Mr. George Esson and the Senior
Investigating Offieer Chief Superintendent Stuart Henderson have been

reporting to the Procurator Fiscal on the results of the investigation.

In consultation with the United States Attorney General 1 have concluded
there is sufficient evidence to justify application to the Court for warrants
fox the arrest of named individualç. 1 instructed the Procurator Fiscal at

Dumfries to make the necessary applicationto the Sheriff and yesterday
Mr. MacDougall obtained £rom him the grant of warrants for the asrest of two
Libyan nationals on charges of conspiraey, murder and contravention of the
Aviation Security Act 1982.

The two accused are Abdelbaset Ali Mohmed Al Megrahi and
kl Amin Khalifa Fhimah.

It is alleged that Megrahi is a senior officer of the Libyan Intelligence

Services, holding positions with Libyaa Arab Airlines and as Director of the
Centre for Strategic Studies in Tripoli at the tirne of these offences.

It is alleged that Phimah was a3so an offices of the Libyan Intelligence
Services, holding a position as Station Officer with Libyan Ar& Airlines in

Malta.

The first charge in the petition is that between 1 January 1985 and
21 December 1988 at the premises oecupied by Megrahi and by the Libyan
Intelligence Services, in Tripoli,Libya, at a çpecial forces training area.

Sabha, Libya, at the premises occupied by the firmMebo Ag at the Novapark
Hatel, Zurich, Switzerland, at the Holiday Inn and the Libyan ~uitural Centre,
both in Sliema, Malta, at the house oceupied by Fhirnah at 3 St. John's Plat,
Mosta, Malta, at Luqa Airport, Malta, and at the Libyan People's Bureau, East
Berlin, German Democratic Republkc, and elsewhese in Libya, Malta,

Switzerland, Czecheslovakia and the German bemocratic Republic.

Bekng members of the Libyan Intelligence Services, and in particular
Megrahi being the Head of Securkty of Libyan Arab Airlines and thereafter
Director of the Centre for Strategic Studies, Tripoli, Libya and Fhimah being

the Station Manager of Libyan Arab Airlines in Malta.

Did conspire together and with others to further the purposes of the
Libyan IntelligenceServices by criminalmeans, namely the commission of acts

of terrorism direeted against nationalsand the interests of ocher countries
and in partieular the destructionof a civil passenger aircraft and murder of
its occupants. A/46/826

Si23307
English
Page 4

And, in pursuance of the eonspiracy, while acting'in concert together and

with others l
l
(a) Between 1 January 1985 and 31 December 1985,;at the prernises
occupied by Mebo Ag, in Zurich, at the prernises of the; Libyan Intelligence
Services, in Tripoli, at the Libyan People's Bureau, East Berlin and
elsewhere, they did order, cause to be manufaetured and obtain from the Sirm

of Mebo Ag twenty electronic tirners capable of detonat;ng explosive devices;

(b) Between 1 January 1985 and 31 July 1986 at the special forces
training area at Sabha. Libya, they did cause the effectiveness of such timers
to be tested in conjunetion with explosives; l

(c) Between 20 March 1986 and 31 December 1988, kithin the offices of
Libyan Ar& Airlines at Luqa Airport. Malta, and at the said Libyan Cultural
Centre, Çliema, and elsewhere in Malta they did have in their possession and
under their control a quantity of high performance plaistic explosive;
1

(dl Between 31 July 1987 and 21 December 1988, wi1hin the premises
oecupied by Mebo Ag, in Zurich they did establish and maintain a pretended
business under the name Abh as a cover for the operati8ls of the Libyan
Intelligence Services; I
i
(e) On 20 February 1988 at Dakar Airport, Senegaa, they did cause one of

these timers, together with other components of an irnpbovised explosive
device, including a quantity of high performance plastic explosive and a
firearmand ammunition, to be introduced into Senegal for terrorist purposes:

(£1 Between 1 September 1988 and 21 December 1988, at Eucharistie
Congress Boad, MaLto, they did establish and maintain a pretended business to

be knowa as and under the name of Med Tours or Medtours Services Lirnited, as a
COVB~ for the operations of the Libyan Intelligence ~ckvices;

(g) Between 1 and 20 Decenbcr 1988. at the prenibes accupied by Mebo Ag,
in Zurich at the premises oceupied by Megrahi and by le Libyan Intelligence
Services, in Tripoli and elsewhere in Çwitzerland and Libya they dia order and

attempt to obtain delivery of forty further such timers from the firrn of
Mebo Ag; 1

(h) Between 1 and 21 December 1988, at Luqa Airport, Malta, or elsewhere
in Malta they did unlawfully acquire airline luggage tags:

i
(i) On 7 December 1988 in the shop premises kno~ as Mary's House at
Tower Boad, Sliema, Malta, thep did purchase a quantity of clothing and an
umbrella;
l

(j) On 20 Decemer 1988 at Luqs Airport, Malta, $egrahi did enter Malta
using a psssport in the falsename of Ahmed Khalifa Abqusamadand they did
cause a suitcase to be in~roauced tu Xaîta;
. -.. ..
i A/46J826
$123307
English
Page 5

{k) On 20 and 21 December 1988 Megrahi did reside at the Holiday Inn,
Sliema, Malta, under the false identity of Ahmed KhaliEa Abdusamad; and

(1) On 21 December 1988 at Luqa Airport, they did place or cause to be
placed on board an aircraft of Air Malta Flight KM180 to Frankfurt Am Main
Akrport, Federal Republic of Germany, the suitcase or a similar suitcase
containing clothing and umbrella and an improvised explosive device containing
high performance plastic explosive concealed with a radio cassette recorder

and programmed to be detonated by one of the electronic tirners, having tagged
or caused such suitcase to be tagged so as to be carried by aircraft from
Frankfurt Am Main via London, Heathrow Airport to New York, John F. Kennedy
Airport.

And such suitcase was thuç carried to Frankfurt Am Main Airport and there
placed on board an aircraft of Pan American World Airways Flight PA103A and
carried to London, Heathrow Airport and there, in turn, placed on board an
airgr?ft.-Q£ ..PanFeriaan World Aisways Flight PA103 to New York.

John F. Kennedy Airport.
.a ..
And the :mpr&ised explosivedevice detonaied and exploded on board the
aircraft flight PA103 while in fllght aear to Lockerbie, whereby the aircraft
was destroyed ad th& wreckage erashed' to the grouad and the 259 passebgers

and crew ana 1-3f&~de~s of hckerbié hereof were killed and they did rnurder
them.

The second alternative charge is one of rnurder on a more restricted baçks.

The third alternative charge is that being members of the tibyan
IntelligenceServices and having, while acting in concert with others, formed
a criminal purpose to destroy a civil passenger aircraft and murder the
occupants andhaving obtained possession of and tested the effectiveness of

electronic timers and being in possession of and having under their control a
quantity of high performance plastic explosive, they did on and between the
dates and at the places and by the means stated in the second charge
unlawfully and intentionally destroy the aircraft in service and commit on
board the aircraft in flight acts of violence which were likely to and did

endanger the safety of the aircraft, in respect that they did rnurder those
270 persons: contrary to the Aviation Seeurity Act 1982, Section 2(1) and (5).

Both accused are believed to be in Libya, The warrants will be
circulated through Interpol but it is eonsidered unlikely that khey will be

arrested in the normal way. A demand is being made to Libya for the surrender
of these men for trial.

A simultaneousannouncement iç being made in Washington by Attorney
General Barr followiog on the handing down of an indictment by a Grand Jury in

Washington. The terms of the United States indictment and the Scottish
petition have been drawn up in full consultation. Differences between the
indictment and petition are explainedby differences ln ous legal systems and
procedures ana 1 would wish to make it clear that we are in full agreement onk/46/826
S/23307
English

Page 6

l
the alleqations maae. The charges are essentially identical and are in
respect of the same two accused persons,
i

This does not mark the end of the police investigation, although it
plainly marks the most importantpublic development to date in this unique
criminal inquiry. I would wish to pay tribute to the;outstandingwork and
ongoing eommitment shown by many police officers and àgencies not only in this
country but throughout the rorld in their deterrnlned Ctforts to salve this

crime. l

1 would viih tc rnake particularmention of the ejtraordinary vork done by
forensic scientistsand other specialists. I
I
1 remain eommitted to bring this rnatter to a prober conclusion in a Court

of Law whether it is to be in this country os in the United States.

I must remind the media that for the purposes ofi the Contempt of Court
Act 1981 proceedingsbecame activewhen Sheriff Barr granted warrants for
arrest. The Chief Constable and 1 cannot and ri11 no? comment on the evidenee

on whicb these charges are based. I
1 A/46/826
SI23307

English
Page 7

Statement bv the Foreian Secretarv, The Rt. Hon. Douqlas Hurd,
in the House of Cammons. 14 November 1991

Mr. Speaker,

With permission, 1 shauld like to rnake a staternent about the conclusion
of the toekerbie investigation and its Implications.

My noble and learned friend the Lord Advocate has today announced the
issue of warrants for the arrest of two Libyan Intelligence Officers against
whorn,on the basis of the evidence available, the Procurator Fiscal has
brought charges alleging. their involvement in the destruction of Pan Am
Flight 103 on 21 December 1988. The American authoritieshave taken similar

action.

Two hundred seventy people were kiiled at Lockerbie, 66 of them British.
The relatives and friends of these vietirns have suffered and continue to
suffer great pain and sorrow. The House will be thinking of them today.

Mr. Speaker, as the Lord Advocate has said a demand is being made of the
Libyan authorities for the surrender of the aecuçed to staèd trial. 1 repeat
that dernand on behalf of the whole Government. 1 know the House will
unreservedly endorse it.

The accusations levelled at Libyan officia15 are of the gravest possible
kind. As the warrants which the Lord Advocate xi11 be making publie make
clear, the charges allege that the individuals acted as part of a conspiracy
to further the purposes of the Libyan ~ntelligence Services by criminal meaas,

and that those means were acts of terrorism. This vas a mass murder, which Is
alleged to involve the organs of goverment of a State. Libyan afficials have
been accused of this crime not only in Scotland and America but also in France
where arrest warrants were issued on 30 Oetabet over the destruction of
Flight UTA 772 in September 1989.
We are consulting the United States and
other friendly governments, many of whom lost nationals in Flight Pan Am 303.
about the next steps.

1 understand that the investigation has revealed no evidence to support
suggestion of involvernent by other countries. This matter does not therefose

affect our relationswith other countries in the region.

Let me pay tribute to al1 of those whose untiring work under the
direction of the Lord Advoeate over alrnost three years has produced this

remarkable outcorne. In particular, 1 salute the work of the Dumfries and
GallowayConstabulary,and al1 those in many parts of the wosld who have
helped with the gathering of evidence and information. The Government i=
grateful for al1 the help given to the investigation in many countries.A/46/826
S/2330T
Eaglish
Page 8

We expect Libya to respond fully to our dernaad fdr the surfender of the
accused, The interests of justice require no less. This fiendksh act of
wickednesç cannot be pasçed over or ignored.
l A/46/826
SI23307

English
Page 9

ANNEX III

Staternent issued bv the British Government on 27 November 1991

Following the issue of warrants against two Libyan officials for their
involvement in the Lockerbie atrocity, the Government demanded of Cibya the
swrrender of the two açcused for trial. We have so far received no
satisfactory response from the Libyan authorities.

The British and American Governments today declare that the Government of
Libya must:

- Surrender for trial al1 those charged with the crime; and accept
complete responçibility for the actions of Libyan officials.

- Diçclase all it knows of this crime, including the names of al1
those sespopsible, and allow full access to al1 witneçses, documents

and other material evidenee, includinq al1 the rernaining timers.

- Pay appropriate compensation.

We are conveying our demands to Libya through the Italianç, as our
protecting power. We expect Libya to comply prornptly and in full.Annex 7Uit- iED

NATIONS

GeneralAssembly security Council Distr.
GENERAL

, ,
A/ 46/827*
S/23308*
31 December 1991

ORIGINAL: ENGLZÇH

SECURITY COUNCIL
GENERAL ASSEMBLY
~orty-sixth session Forty-sixth year
Agenda item 125
MEASURES TO PREVENT INTERNATIONAL
TERRORISM WHICH ENDANGERS OR

TAKES INNOCENT HUMAN LIVES OR
JEOPARDIZES FUNDAMEUTAL FREEDOMS ..
AND STUDY OF THE UNDERLYING
CAUSES OF THOSE FORMS OF
TERRORISM AND AÇTS OF VIOLENCE

WHLCH LIE IN MIISERY, FRUSTRATION,
GRIEVANCE AND DESPAIR AND WICH
CAUSE SOME PEOPLE TO SACRIFICE
HüMAN LIVES, INCLUDIBG THEIR OWN,
IN AN ATTEMPT TO EFFECT RADICAL

CHANGES

Letter dated 20 December 1991 £rom the Permanent Representative
of the United States of America to the United Nations addresçed

to the Secretarv-General

I have the honour to enclose the following text:

(a) Statement of the Goverment of the United States regardinq the
bombing of Pan Am 103:

(b) Joint declaration of the United States and United Kingdom.

1 should be grateful if you would have this letter and its enclosure
circulated as an official document of the General Açsembly, under agenda
item 125, and of the Security Council.

(Siqned) Thomas R. PICKERING

* This communicationis relssued at the request of the Permanent

Mission of the United States of America to the United Wations.A/46/82T

S/23308
Fnglish
Page 2

Staternent issued by the Government of the United States

on 27 November 1991 reqardinq the bombinq l of Pan Am 103

i
After the indictments were handed down an 14 November we conveyed them to
the Libpan regirne. We have also consulted closely'with the Governments of
France and the United Kingdom and in concert with fhose two Governments we
have the following two declarations to present publicly today.
l

.i
JOINT DECLARATION OF THE UNITED STATES aND UNITED KINGDOM
I
The British and American Governments today dedlare that the Government of
Libya must:
l
- surreader for trial al1 those charged with the crime: and accept
responsibility for the actions of Libpan /officiais;
I
-
disclose al1 it knowç of this crime, incl 1uding the names of al1
those responsible, and allow full access to al1 witnesses, documents
and other material evidence, including al1 the remaining tirness;
I
- pay appropriate compensation.
l
We expect tibya ta comply prornptly and In fulll.

!Annex 8UNITED
NA' JNS

General Assembly SecurityCouncil Diçtr.

GENERAL

A/46/828*
5123309*
31 December 1991

ORIGINAL: ENGLISH

GENERAL ASÇEMBLY SECURITY COUNCIL
Forty-sixth year
Forty-çixth session
Agenda item 125
MEASURES TO PBEVEm INTEWATIONAZ
TERRORISM WEILCHENDANGERS OR
TAKES INIJOCEMTBtIMANLIVES OR
JEOPARDXZES FtTNDAMENTALPREFDOMS

AND STUDY OF THE UNL)EBLYTNG
CAUSES OF TBOSE FORMS OF
TERRORISM AND ACTS OF VIOLENCE
WHICH LIE IH MISEEIY,FRUSTRATION,
GBIEVANCE AND DESPAIR WHICB
CAUSE Som PEOPLE TO SACRIFICE
HIJMANLIVES, INGLUDINE THEIR OWN,

IN AN ATTEMPT TO EFFECT RADICAL
CHANGES

1
of France, the United Kinqdom of Great Britain and Northern

Ireland and the United States of America to the United Nations
addressed to the Secretarv-General

We have the honour lo circulateherewith the text of a tripartite
declarationon terrorismissued by our three Govetnmentson 27 November

following the investigationiato tbe bombings of flights Pan Am 103 and
UTA 772.

* This communication is reissuedat the request of the Permanent
Missionsof France, the United Kingdom of Great Britainand Nortbern Ireland
and the United States of America to the United Nations.A/46/828
SI23309

English
Page 2

We should be grateful if pou would have this l'etter and its anex
circulated as a doeument of the General Assembly. under agenda item 125, and

of the Seeurity Couneil.

(Çiqned) Jean-Bernard P.H.P. MERIMEE (~ighed) David mAY
Permanent Representative of France ~e'manent Repsesentative of

to the United Nations thI United Kingdom of Great
Britain and Northern Ireland
toithe United Nations
I

(Siqned) Thomas R. PXCKEBSNG

Permanent Regresentative,of the
United States of me ri catlo the
United Nat ions A/46/828
S/23309
English

Page 3

Declaratkon of the United States of America, France
and Great Britain on terrorism

The three States reaffirm their complete eondemnation of terrorism in al1
its fosms and denounce any cornplicity of States in terrorism acts. The three
States reaffirm their cornitmentto put an end to terrorism.

They consider that the responsibilityof States begins uhenever they take

part directly in terrorist actions, or indirectly through harbouring,
training, providing facilities, arrning or providing financial support, or any
form of protection, and that they are responslble for their actions before the
individual States and the United Nations.

In this coanection, following the investigation carried out knto the
bombings of Pan Am 103 and UTA 772 the three States have presented specific
demands ta the Libyan authorities relater3 to the judlcial proeedures that are
under way. They require that Cibya comply with al1 these demands, and, in

addition, that Libya commit itself concretely and definitively to cease al1
forrns of terrorist action and al1 assistance to terrorist groups. Libya rnust
promptly, by coacrete actions, prove its renunciationof terrorism.Annex 9UNITED
NATIONS

Security Council

-
S/23441
18 January 1992
ENGL1SH
ORIGINAL: ARABIC

LETTER DASED 18 JANUARY 1992 FROM THE PERMANENT REPRESENTATIVE
OF THE LIBYAN =AB JAMAHIRIYA TO TBE UNITED NATIONS ADDRESSED
TO THE PRESIDENT OF THE: SECURfm COUNCIL

1 have the honour to transmit to you herewith the text of a letter Erom
the Secretary O£ the People's Cornittee for Foreign Liaison and International
Çooperation addressed to His Excellency Mr. James A. Baker III, Secretary of
State of the United States of ~metica, and His Excellency ML. Douglas Hurd,
Minister for Foreign Affairs of the United Kingdom of Great Britain and
Mosthern Ireland, through the embasçies of Belgium and Italy, which are

entruçted with the interests of the two countries in the Jamahiriya.

In the letter, the Jamahiriya calls for the irnplementation of article 14
of the 1971 MontrealConvention for the Suppressionof UnLawful Acts against
the Safety of Civil Aviation.

I should be grateful if you would have the present letter and its annex
circulated as a document of the Security Council.

(Sianed) Ali Ahmed EGAOüDEIRI
Permanent RepresentativeS/23441
English

Page 2

hnex

l
1 refer to the disirttegration of Pan Am flight 103 over the village of
Loekerbie in çauthern Scotland on 21 December 1988. After two gears of
iavestigation, the United States of America and the United Kiagdom began to
l
make random accusations against individuals, organizationsIand States and,
rshen nearly three years had elapsed, the same cauntries directed the self-same
charges against two Libyan nationals cn the baçisl of the çame investigation.

The United States of America, the United Kingdqm-and Libya are States . .

parties tc the 1971 Montreal Convention for the ~u~~ression of Unlawful Acts
~gainst the Safety of Civil Aviation. ~ceordin~lk, out of respect for the
principle of the ascendamcy of the rule of law ana in impdernentation af the
Libyan Code of Criminal Procedure pronulgatad in !953, which fixes the

5urisdictior of Libyac national law, as soon as theIcharges were made, Libpa
imediately exercised its jurisdictio~ ovor the two alleged offenders in
accordancewith its obligation under article 5, &ragraoh 2, of the Montreal
C~nvention by adopting certain measures éo ascettain their presence and taking
irr-liediateséeps to institute a preliminary inquiry. It notified the States

zez5ioned in article 5, paragraph 1, of the canvention that the suspects were
ie cüstady.
I
It is incontestable that the 1971 Montreal Convention for the Suppression
02 Znlarful Acts against the Safety of Civil ~via\ion doas not exclude any

criminal jurisdiction exercisedin accordance with national law (in the
preseat case Libyan law), as stated in article 5, paragraph 3. As a State
nzrty to the Convention and in accordancewith paragraph 2 of the same
ertitle,we took such measures as rnight be neeessary to establish our
i
j~risdictioa over aay of the offences mentioned in irticle 1, paragraph 1 (a),
(b! ard (c) and article 1, paragraah 2, because the alleged offender In the
case wzs present in Our territory.

Mareovtr, article 7 of the Cgnventian stipu14tes that the Contractinq

3arty in the territory of which the alleged offenaeI is found shall, if it
Eoes mot extradite him, submit the case to itç competent authorities for the
puspose of prosecution and that those authoritiesjshall take their decision in
the same rnanner as in the case of asy oreinary offence of a serious nature
under the law of that State. 1

l
The case was, indeed, snbrni2ted to the judicdaI authorities, and an
eaani~ing magistrate was appointed (a Counsellorof the Supreme Court). He
instituted judicial procedures to ascertain the presence of the two suspects,
initiated a preliminary iequfry and issued an order l for the two suspects to be

taken iato eustody, on a tentative basis. The stdIes mentioned in article 5,
saragraph 1, of the Convention were notified accoqdingly and were requested to
sooperatewith the Lihpanjudicialauthorities. $e Libyan judicial
aüthoritiesappoiated to eondtrct the inquirymade ,the same request in official

communications adaressedto the following: I
l
The Attorney General of the UnitedStatesof Ferica: 5/23441
English
Page 3

The Foreman of the Grand Jury in the District of Columbia, United States
of America;
i'
The French examlning magistrate.

As of the present moment, however, there has been no response to any of these
requests.

In taking these measures, Libya haç given practical expression to its

deep sorrow at the tragic and criminal destruction of the aircraft, and it has
on more than one occasion expressed its respect for the principle of the
ascendancy of the rule of law.

After calling on the other parties concerned to cooperate, and while

expecting the cooperation requested to be fully fortbcaming, Libya has
received from the United States of America and the United Ringdom not only the
outright refusal of such cooperation but even the threat of the use of force
and an aggregate reaction that has made any negotiated settlement impossible;

It is to be noted tbat article 14, paragraph 1, of the Convention
stipulates that any dispute between two or more contracting States which
eannot be setrled through negotiation, shall, at tlherequest of one of thern,
be submitted ta arbitration.

Article 33, paragraph 1, of Chaptes VI of the 'JnitedNations Charter,
entitled "Pacifiç settlement of disputes", stipulates that the parties ta any
dispute, the continuanceof which is likely to endanger the maintenance af
internationalpeace and security, shall seek a solution by negotiation,

enquiry, mediatkon, conciliation,arbitration or judicial settlement.

Libya urges the United States of America and the United Kingdom to be
governed by the voice of reason and law, to give their prompt agreement to
arbitration in accordancewith article 14, paragraph 1, of the Convention =a

to sit dom with us as soon as possible in ordes to elaborate details in order
to açskst in the preparationof the dispute for arbitration.

Libya affirms its unqualifiedcondemation of terrorism in al1 its forrns,
it censures any participation in a crime of thiç type, and it specifically

deuies any associationwith, kndwledge of or consent tb the acts which led to
the crash of the Pan Am aircraft.

Libya will be happy to exert the utmost efforts for the elimination of
al1 forms of terrorism. 1 hope that the proposais we have made will meet with

your agreement.

Ibrahim M. BISHARI

Secretary of the People's Cornittee
for ForeignLiaisonand
International CooperationAnnex 10UNITED

NATIONS

SecurityCouncil
PROVI ÇIONAL

S/PV. 3033
21 January 1992

ENGLISH

PROVISIONALVERBATIM RECORD OF THE THREE THOUSANDAND

THIRTY-THIRDMEETING

3feld at Seadquarters, New York,
on Tuesday, 21 January 1992, at 12.30 a.m.

President: Sir David HANNAY {United Rinqdom of Great
Britain and Northern
Ireland)

Members: Austria Mr. HOBENFELLNER

Belgium Mr. NOSERDAEHE
Cape Verde Mr. JEÇUS
China Mr. LI Daoyu
Ecuador Mr. POSSO SERRANO
France Mr. BOCHEREAU DE LA SABLIERE
Hungary Mr. EELflOS

India Mr. GHAREKHAN
Japan Mr. ElATANo
Morocco Mr. SNOUSSI
RussianFederation Mr. VORONTÇOV
United States of Amesica Mr. PICKERING
Oenezuela
Mr. ARBIA
Zimbabwe Mr. MMBENGEGAI

This record containsthe original text of speechesdelivered in English

and interpretationsof speeches in the other laquages. The final text will
be printed in the Official Records of the SecuritvConneil.

Correetioa~ should be submittedto original speeches only. They should
be sent uoder the signatureof a member of the delegation cencerned, within

one week, to the Chief, OfficialRecords EditingSection,Department of
Conference Services, room PCZ-750, 2 United Nations Plaza, and incorporated in
a copy of the record.

92-60106 8240V (E) The meetina was called ta:order at 11.45 a.m.

ADOPTION OF THE AGENDA

The asenda was ado~ted.
1
LETTERS DATED 20 AND 23 DECEMBER 1991 (Ç/23306, ~129307, S/23308, S/23309,
S/23317) 1
1
The PRESIDENT: I çheuld iike to inform the Couneil that I have
I

recsived 1ett.r~ from the representativesof canada4 Congo, Iraq, Italy, the

Lkbyan Arab Jamahiriya,Mauritania, Sudan and Yemen in wiich they requeçt to

be invited to participate in the discussionof the Item on the Counciibr
I
agenda. In canformitywith the usual praetiee, 1 propose, with the cousent of

the Council, to invite those representativesto participate in the discussion,

without the right to vote, in accordance with the relevant provisionsof the
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I
Charter and rule 37 of the Couneil's provisional ruleç of procedure.

There being no objection, it is so decided,

At the invitation of the Presiàent, Mr. Belqaçem EI-Tahli (Libyan Arab

Jamahiri~a) took 3 nlaee at the Council table: Kr. ~irseh (Canada), Mr. Adouki
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(Consol.Mr. Kadrat ifras),Mr. Traxler (Icalvl, ML.1 Ould Mohamed Mahmoud

(Mauritania),Mr, Hassan (Sudan)and Mr. Basalamah {Yemen) to~k the places 8
I
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reserved for them at the side of the Council cham&&. 1

The PRESIDENT: I should like tc infotm the Councii that I have

received a letttr dated 20 Uanuary 1907 from the Pe!nianent Representative of
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MO~OEC~ ta the United Nations, vhich readr as f011o'~s:
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"1 have bhe hoaour to request that the se!curity Couocil extend an

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invitation to Ris Excellency Mr. Adnan Dmran,Under-Seeretary-Genera lf
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the Leagua of Arab States, to address ,he coudcilunder cule 39 of its
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provisionalrules of procedureduring the ~odsil's discussion of the

item presently on its agenda."
I ' .:; . >. ,,,i,;,.fi'
1

{The President)

That letter haç been publkshed as a document of the Security Council

under the symbol S/23442. If I hear no abjection, I shall take it that the

Council agrees to extend an invitation undex rule 39 to Mr. Omran.

There belng no objection, it is so decided.

The Security CounciZ will naw begin its consideration of the item on itç

agenda. The Security Council is meeting in accordance with the understanding

reached in its prior consultations.

Members of the Council have the following documents before them:

S/23306, Petter dated 20 December 1991 £rom the Permanent Representative

of France to the United Nations addressed to the Secretary-General:

S123307, letter dated 20 December 1991 from the Permanent Representative

of the United Kingdom of Great Britain and Northern Ireland to the United

Nations addressed to the Secretary-Geaeral;

S/23308, letter dated 20 December 1991 from the Permanent Representative

of the United States of America to the United Nations addressed to the

Secretasy-General:

Sf23309, letter dated 20 December 1991 £rom the Permanent Bepresentatives

of Fronce, the United Kingdom of Great Britain and Northern Ireland and the

United States of Àmerica to the United Nations addressed to the

Secretary-General;and

S/23317, letter dated 23 December 1991 from the Acting Permanent

Representative of the United States of America to the United Nations addressed

to the Secretary-General.

Members of the Council also have before them document S/23422, whieh

contains the text of a draft resolutionsubmittedby France, the United

Kingdom of Great Britain and Northern Ireland and the United States of (The President)

America. 1 should like to draw attentioa to docwndnts SI23116 and 5123417,
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letters dated 20 and 29 November 1991, respectivel$, from the Permanent

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Representative of the Libyan Arab Jamahisiya to the United Nations addresçed
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to the Secretary-Eeneral,and Sf23436 and S/23441, 11etters dated 17 and
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18 January 1992, respectively, £rom the Permanent Repreçentative of the Libyan I

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Arab Jamahiriya to the United Nations addressed tosthe President of the
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Security Çouncil. 1
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The first speaker is Mr. Jadalla A. Belqasern il- alh h t.e Miniater for
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Strategic Industries of the Libyan Arab Jamahiriyas '1 1 welcome him and invite

hirnto make his statement. I
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Ur. BELGASEM EL-TALHI (Libyan Arab Jamahjriya) (iaterpretation from

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Arabic): At the outset, Sir, allow me On behalf of my deleqation to 8
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congratulate you on your asçumption of the presidency of the Security Council
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for the current month. Your task dernands extraordinary wisdorn and patience I

and a deep sense of justice. It is our oarnest hode that your vast experience
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will help inspire you and the Council vith the pri+ciples of justice, truth

and respect for law, 1

We also pay tribute to your psedecessor who pyesided over the CounciL
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last month, 1

I am Vary pleascd also to take this opportuniiy to express our siacere
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congratulationsto Mr. Boutros Ehali, who has justttaken office as
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Secretary-General of th@ United Nations. Ur. ~outtosGhali is renowned for

his cornpetence and experience, but we take special jpride in his assuming that

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important post sinse he belongs to a nation that vI are proud to belong to,
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and to a continent of which we are a rnember and which we cherish.
I (Mr. Belsasern El-Talhi,
Libvan Arab Jamahiriya)

# 1 should also like to take this opportunity to pay tribute to the former

Secretary-General,Mr. Javier Perez de Cuellar, for the contribution he made
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to international peace and security and to the promotion of world economic and

social developrnent.

congratulate the countries that becme membess of the Çounckl at the

beginning of this year and 1 pay tribute to the countries whose membership in

the Council expired at the end of last year,

My country welcomes the convening of the Security Council, in spite of

the facts that 1 shall explain later in rny statement. We hope that this

meeting of the Council wilZ contribute to diçsipating the smokescreen that has

engulfed the issue before it. Some have tried to use it to block and indeed

distort rny country's real position. My country welcomes the meeting of the

Council; we might have ventured to ask for a meeting after the direct threat

by high-level officia1 circles in the Governments of the United Kingdom and

the United States of America to use force against my countri. Since the 1988 explosion of the Pan Am aiscrait and the 1989 explosion of
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the UTA aircraft, the world has heard many storkes.1 At various tinies

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accusations were leveled against States, groups or both; at different times.

different groups were accused, with given groups beinl deelared innocent aftes

having been accused. 1

Approximately four years after the horrible Lockerbie accident, United
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Kingdom and United States investigators auddenly cde up vith tu0 different

indietments. The Scottish application accuses two kndividuals,whlle the
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United States indictmeatnames tvroindividualsand kmplicates a State and one

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of its Governmentservices, 1
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bltbough the announcement by the Lord Advoeate of Scotland and the
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indictment by the United States grand jury are ostekibly based on an arduouç
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four-year investigation, no supportinqevidence or proof has been made

available. AI1 the world's penal codes require thai to be valid an indictment

must be supportedby evidence and proof. An indieqent uithout that

supporting evidence or prooi can mean only two tbin's. First, the United
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States and United Ringdom indictmentsare intended as final, unequivocal
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judgementç on vhieh tbere is to be no further discuSsian: the two Libyan

nationals were deelared guilty when the indiçtnents/wereissued. That would

mean a nev rule of lar running counter ho the establishedprinciple: the
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accused are now to be considered guilty until provet!l innocent.
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Alternatively,the evidence and proof behind dose indictments are not
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serious, and the accusations are based on guesswork/and groundless actions.

They are basrd, inter elia, on the allegation that in unacconpanied suitcase
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uas carried on Air Melta flight KM-180 to Prsnkfurt ion 21 December 1988. The (Mr. Belaaçem El-Talhi . Libvan
Arab Jamahiriya)

indkctments further alleqe chat the suitcase contained the toal of the crime ,

that caused the crash of the aircraft. That allegation is eompletely baseless

ancl the assertion invalid. Maltese authorities carried out the neeessary

investigation,which concluded that no unaccompanied suitcase waç on board

that flight on that date, That was the detemination of Air Malta, which is

the moçt relevant party to the alleged incisent. Moreover, the ~inister for

Foreign Affairs and ~ustice of Malta, a former President of the General

Assembly, eonfirmed that finding in a statement before the Parliament of the

Republicof Malta,

In a joint communiqué by the Prime Minister of the Republie of Malta and

the Secretary of the General People's Cornmittee, içsued on 17 December 1991,

the Maltese side affismed that

"the findings of the investigationsproved that no unaccompanied suitcase

remained aboard Air Malta flight KM-180 to Frankfurt on 21 Deceniber 1988".

~hus, the arguments are groundlessand canot support such grave

accusations. They are based on false premises and asswnptions and are

therefore false, beeause that which is based on false arguments is itself

false. Anything else would violate the basic judiciel noms and quarantees

that al1 countrics, including tbe United States, the United Kingdom ana

France, are eager to ensure in their own constitutions.

What was the reaction of my country to the two indictments? And I stress

that they were not judicial judgements: they were mere indictments,

aceompanied not by any investigative documentationbut by hostile official

statements, some of them going so far as to threâten military and economic

aggression. Indeed, the United States aetually intensifiedits economirEMS J4

(Mi. Belqasem El-Talhi , Libvan
~iab Jamahiriva)

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boycott by taking action inconsistent witb the int+rnaticnalmonetarp systern
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and violating all established laws and regulations! Despite al1 that, my

country treated the matrer seriously and showed dué respect for the judicial
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author ities in the two countries. Libya's competeAt judieial authorities took

the folLowing steps:

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Eirs t, they appointed two investigatingmagistratls.
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Secondly. those magistrates initiated an investigation in accordance with
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the Libyan Law of criminal praceedings of 1953, beCauçe the matter relates to
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accusations that two Libyans comitted acts that are vieved as crimes under
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the Libyan penal code and that are also punishable adet the law of the

country in whieh the incident oceurred.

Thirdly, the Libyan investigatorscontacted de investigating authorities
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in Scotland, the United States of Americaand France, requestinginvestigation

files and evidence so that Uley could fulfil theirlmIndate. The Libyan
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investigators expressed their willingnessto trave? to those couatsies to
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acquaint thernselves with the investigations and review the evidence. They
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offered to cooperate with the investigatorsin those three countries.
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But the Libyan investigatorshave been unable 1thus fac to make any
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significant propress, oring to the refusal by the ~Iited Kingdom, the United

States and France to hand over the files of the in&estigationsor subrnit the

evidence in theirpossession. (ML. Beluasem El-Talhi, Libvan
Arab Jarnahiriva)

Everyone knows that there cap be BO accusation without an investigation

and no judgementwithout a fais trial. These principles are respected in al1

legislation, including the constitutionsof the United States, the United

Kingdom and Franke.

Fourth, the competent autbdrities in my country expressed their readiness

to receive investiqatorsto participate in the investigation. They welcomed

lawyers of those claiming civil liability as well as representatives of human

Fifth, despite the considerationssupporting Libyan national

jurisdiction,the competent authorities in my country believed that the

international dimensions of the alleged events might make an international

investigation an appropriate means of startinq to resolve the dispute. Up to

this very time, the existing aispute has nothing at al1 to do with the rule of

law, to which al1 deelare they are committed. Rather, the dispute is related

to multifaeeted occurrences involving more than one State. The competent

authorities in my country would even have welcomed a neutral investigating

cornmittee or reference of the question to the InternationalCourt of Justice,

Those were the actions taken and the positions held by my country.

The Jamahiriya handled this matter, whieh is of a legak nature, in

accordance with itç valid legislationand with established international law

and noms.

Now, how did the other parties react ta this position, which we firmly

believe is a legal and just position? Not only did they reject it, but,

rnoreover, the United Kingdom and the UnitedStatesrequested the extradition

of the two LibyannationalsIn order that they could be tried in their courts (Mr, Bdlaasern El-Talhi, Libvan

Arab iarnahiriva)

before the completion of the investigation or even *fore they had been
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conf ronted with the aetual accusations against them.1 Does this request aot

seem strange undes established internationalnoms, Iespecially vhen it cornes

from States li.e .the United Ki...om, rith a long hi!tory of justice, and the
I
United States of America,which bas placed the soverbignty of law and the

protection of human rights at the forefront of its ideals? Both these States

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are members of the SecurityCouneil. 1

My country ha. not dealt with fhii issue out of/illegal motiver or
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incentivesor in responseto any political decision by the General People 's
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Cornittees. The problem has nothing to do with the Iibyan State, but it does

involve Libyan riationals. Oaly the judiciarybas the authority to verify the
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problem, in accordace with the establishedprineiplesconcerning
1

investigations and accusations, and other fundamentai principles . The
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judiciary is independent and nothinq except damestic and internationallaw can

have any control over it, espeeially when it is dealing with a purely legal
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question.

Al1 that having ken said, can imyone claim that my country ha. not
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cooperated? My country has cooperatedand we are stfll teady to cooperate to
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the fullest extent, within the context of absolutarespect for international

agreements, estaklishednoms, prevailing legal systt!~~s,and human rights.
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In our view, the entire issueis absolutely cleit. What does this review
1

of the matter demonstrate? It is obvious mat if th+I Is an issuebefore the
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Couacilwhich it has to deal rith, it is a legal issje: it is a question
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eoncerning a confliet of jurisdietion, a dispute ove4 the legal determination

to be made In eonnectionrith a requertfor extradition. (Mr. Belaasem El-Talhi, Libyan
Arab Jamahiriya)

In regard to the first question, the answer is obvious. If there iç a

conflict of jurisdiction, it is of a legal nature and international law and

the relevant international conventions Set out the concrete ways and means to

solve it. The 1971 Convention for the suppression of unlauful acta agalnst

the safety of civil aviation - known as the Montreal Convention - stipulates

in its article 14 that

"Any dispute between tu0 Or more Contraeting States concerning the

interpretationor application of this Conventionwhich cannot be settled

through negotiationshall, at the sequest of one of tbern,be submitted to

arbitration. If within six months £rom the date of the request for

arbitraticn the Parties are unable to agree on the organization of the

arbitration, any one of those Parties may refer the dispute to the

InternationalCourt of Justice by request in conformity with the Statute

of the Court."

Does that text not set forth practical procedures and controls for ensuring

the peaeeful settlernent of the dispute?

As for the dispute in conneetion witb extradition, the situation is

obvious. Tbere are ~9~tless precedents in this regard, including precedents

pertaiaing to the United States of America and France.

What is before us is a legal issue. The horrible realities underlying

the issue should not make us f0rget this faet. The legal nature of the issue

cannot be questioned, especiallyas it relates to major super-Powersthat are

permanent members of the Secutity Couacil and that are aware, even more than

othercountries,that the Securitp Coucil sbould bear in mind that, in making

reeomendations in this respect,it should also take into considerationthat,

under Article 36, paragraph 3, of the Charter (Mx. Belqasem El-Talhi,
Libvan Arab Jamahi riva)

so, as çtipulated in the operative paragraphs of tkde draft resolution before
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us? I rernind the Council that three States have asked Libya, inter alia, to

disclose al1 the information on the crime in its poksession, inçluding the
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names of al1 involved, and to allow eammunicatfon wFth witnesses and access to

other documenta and physical evidence. including th! tirners. What does this

requeçt mean? ~t can only mean a mriori that the investigation is not yet
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cornplete, since the investiqators lack witneçses and need the names of thoçe
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involved and physical evidence. The foregone concl~sion is that the
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accusation lacks witnesses and physical evidence. That was the main reason
1
underlying the sefusal of the United Kingdom and th& United States to transmit

the investigation file to the Libpan and other judlciaries .

What kind of açcusation is it vhich is still ==elring physical evidence,

witnesses and information allegedly to be found in \he possession of another
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country? One clairn for compensation went to the extrerne of bypaççing the
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investigationstage, requestç for extradition and the entire trial stage. I
The
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situation as put fotward by these three countries pkesupIoses the f ollowing: I

that the investigation is complete,which'ia utrue;, since the three
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countriesare sri11 asking for information.physical evidenee and the

testirnony of ritnosses; that the extradition is takbn for granted, vhich ia
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contrarp to existing laws; that the trial is over yI the twa Libyan nationals
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were convicted fairly and justly: that a final, unequivocaldeterminationhas
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been reached to the effect that the Libyan State islresponsible for the rn

defendants 'actions: and that, as a result of the final and unequivocal
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criminal judgenent, a civil determinationkas been tendered to oblige the

Libyan State to pay compensation and that the securitp Couacil is required to
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irnplement that judgement. (Mr. Belaasem El-Talhi,
Libvan Arab Jamahiriva)

Has any of these assmptions been fulfilled? In rnpopinion, they al1

contradict the eçtablishedpsineiples and norms not only of mp country but

alço ef the constitutions of al1 countries of the world, including chat of the

United States of Arnerica. They are basic principles and psactices in

investigation, accusation, indictment and trial. No accusation can be made

before a fair investigationhas taken place and sufficient evidence gathered.

A person is lnnately innocent, an accused is innocent until proved guilty and .

no conviction ar puniskiment can be imposedbefore a fair trial.

To sum up my country's position, we condernn terrorism in al1 its forms,

including Çtate-sponsored terrorism. Lkbya has confirmed and today reconfirms

iks detemination to take every action and make every effort to put an end to

this dangerousphenornenon. We are willing to commit ourselves to cornbating

this plague by any rneaçures approved by the international community.

Our country is srnalland therefore has a vested and genuine interest in

stemming the tkde of terrorisrn, includiag State-sponsorea terrorism. My

country also profoundly believes Chat the protection a£ civil aviation should

be given the special attention and effective cooperation of al1 countries of

the world. (Mr. Beluasem El-Talhi, Libvan
~rad Jamahiriva)

My country, which, as you are aware, has bten a victim of criminal acts
I
directed against the safety of civil aviation. stroagly condemned and condemns
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the destruction of the two Pan Am and UTA airliners. We expressed - and today

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we express once again - Our sympathy with the famililes1 of the victimç. My
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country is cornmitted to disclosing the complete facts surreunding those

1 criminal acts.

Secondly, the accusations directed against the Libyan Ar& Jamahiriya

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with regard to the destruction of the United States !and French airliners have
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to do with legal disputes. The rneasures takea in the countries concerned have

tended to take the iorm of purported investigatoryp,roceedings whkch led to
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the filing of accusations. Today, there can be no argument in favour of

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moving the dispute from the legal sphere to the political sphere by referring
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it to the Securitg Council. Indeed, the Security ~duncil has no cornpetence to

consider legal disputes. The Charter contains explilcit provisions on the
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methods for handling sueh disputes through arbitratibn 1 and due legal process.

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Thirdly, since receiving the indictmentpapars.1 lmy country has resteted

its cornitment to exercising its jurisdietïon, pursulant not only to domestic
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legislationbut to relevant internationalconventionk as vell. In thiç

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connection two judges have been assigned to investig!Ite the matter, and they

have already begun to exercise their functions. In addition, my country $as
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oxpresaed its willingness to sooperati with the judiicial authoritiea in the
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eountriea eoncerned. By ro doing, we are motivitad hlp bg the rish to
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uncover al1 the facts and to fix responsibility. My country has agread to the

participation of al1 intereateb parties in the invesLigat&ry proceedings,
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which should be carried out within the framework of Cul1 cooperation with the

investigating authorities in the countries concerned, l
(Mr. Belqasern El-Talhi. Libvan
&ab Jamahiri~a)
I
1931. On the basis of that Convention, partieularly its article 14, and to

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solve the question raised about a conflict of cornpetence, my country has taken
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concrete and practical measures and, in official chmunications addressed to

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both the United States of Funerica and the United Kingdom, has requested that
!
the dispute be referred to arbitration. Today, bekore the Council, my country
!
sequestç that both those countries be invited to eAter prornptly into

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negotiations with tibya on proceedings leading to &rbitratioq and an

arbitrationpanel. To ensure the speedy settlement of the dispute, we
!
eonskder that a short and fixed deadline be set fo$ those proceedings, aftet
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which, if no agreement is reached on arbitration, the matter wuld be hrought

before the InternationalCourt of Justice. I
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My country expresses its willingness to conclude immediately, with any of

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the parties concerned, an ad hoc agreement to have reçourse to the
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International Court ef Justice as çoon as the short deadline for reaching

agreement on arbitration expires, or at any other convenient and near date
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should the countries concerned agree to go beyond the arbltration stage and
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the proceeüings of an arbitration panel.

In that light, how ean tais dispute be considereda political one? We do
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net beliove that it is, for Chapter VI of the Char4.r also sets forth concrete
1
methods of reaching a peaceful settlement. The Council bas been guided by

those nethods in earlier instances. The matter shduld not be handled in the

lighr of any considerationsother than thore set fIrth in the Charter. Libya

has aever thseatened any country. It cannbtbehavé in such a way as to

endanger peace and seeuritp. Xndeed, Libya is being threatened by
1
1
super-Powers, just as armed agression was unleaahed against kt in.1986. Libya
I (Mr. Belqasem El-Talhi, Libvan
Arab Jarnahiriva)

is still being subjected to an economic boycott, disinformation campaignç and.

pâychologicalpressure.

In conclusion, the begality of the Council's work is subject ta its

observance of the provisions of the Charter of the Organlzation and to its

proper irnplementation of those provisions. It is inconceivable that this

coulà be achieved through the participation of the parties to this dispute in

the voting on the present draft resolution, To disregard the legal nature of

the dispute and treat it as a politicalmattes would constitute a flagrant

violation of the explicitprovisionsof Article 27, paragraph 3, of the

Charter,

The Council has two choices: it Cam respect the Charter and follov moral

principles and international law, or it can respond to this unjust request by

the United States of Ameriea and the United Kingdom, whieh want to use the

Council as a cover for military and economic aggression against a srnall

country that is strivingto free itself £rom economic backwardness. We are

fully confident that the members of the Council - indeed, al1 Members of the

United Nations - wkll uphold the principlesenrhrined in the Charter and

iiiternational 3aw and respectthe principles of justice and equity that rny

country is açking to be applied and abided by. The PRESIDENT: 1 thank the Minister fol Strategic Industries of the

Libyan Arab Jamahiriya for his compliments addressad to me.
I
The next speaker inscribed on my list ks Hks Excelleney Mr. bdnan Omran,

Under-Secretary-General of the League of Arab ~takes, to whom the Council haç

extended an invitation under rule 39 of i,ts proviçional.rules of procedure. I

invite him to take a place at the Council and to $ake his statement.

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Mr. OMAAN (interpretation £rom Arabic): I should like to
I
congratulate you, Sir, on your assumption of the responsibilities of the

preçidency of the Security Council for this month. 1 1 wish you success in your
I
task. I take this opportunity to congratulate Mrl Boutros Boutros Ghali on
i

bis having been entrusted rith the great responsidility of ~ecrotary-~eneral
1
of the United Nations. 1 also congratulate the ndw members of the Council.

1 should like at the outset to express to you and, through you, to the

other members of the Security Council Our deep appreciation for having given
1
me this opportunity to speak on behalf of the League of Ar& States en the
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important issue under consideration.

The League of Ar& States. and its Secretary-General,

Mr. Ahmad Esmat Abdel Meguid, have been following withlkeee interest
l
developments with regard to the situation iavolving 1harges and threats

directed against the Libyan Arab Jamahiriya concerning the regrettable

incident of the dorning of the Pan Am airliner in l988.

1
During the past month the League of Ar& ~tatbs made every possible
i
effort, through the contacts made by its Secretary,-General with al1 the
1
parties eoncerned, in order to reach a peaceful sopution in consonancewith
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the provisions of the legal instruments we should bll respect and observe in
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sueh crises. i (Mr. Omran)

The çecretariat of the League of Arab States called upon al1 parties to

exercise self-restraint and to refrain from taking any precipitate action that

might inerease tension in the Middle East at this historlcal juncture, in

which all international and Arab efforts are being concerted, particularly

:hose of the United States of Ameriça, in order ta reach a just, durable and

comprehensive peace in the region.

Allow me very briefly to put on record the position of the League of Arab

States and its member States by way of the followinq points:

First, the Leaque 05 Arab States and al1 its member States attach special

importance to this issue in al1 its aspects. Consequently, the League of Arab

States condemns terrorism in al1 its formç and calls for activation of

international efforts previously discussed by the General Açsembly in order to

deal with the question of international terrorism and its consequences, as

vell as the responsibilities for the kinds of terrorism, either that of the

perpetrotor's or that of the international communitp's, the latter bearing

speckal reçponsibilitieç in thiç respect, The League of Arab States

reiterates its numerous deeisionsadopted at the highest level, including at

the summir level, condemning terrorism aad calling for an international

settlement of this serious issue.

Secondly, the League of Arab States with al1 its member States cornpletely

sympathizes with the families of the victims of the two aircraft, and

sympathizes also with al1 the innocent victims of incidents of terrorism.

Thirdly, bas& an its interest in an objective and honest çettlernent of

this question, the League of Arab States requeststhat al1 measures taken

either within the framework of the United Nations or outside it should be

based OR the provisions of internationallaw and the provisions of the Charterof the United Nations. This is beeause, in the face I of crises, the
H
international eomrnunity needs more objectivity, mar kdherence to legitimacy

l m
and more refrainhg £rom emotional reactionswhich mi1ht lead to the gravest

consequences that are rejected by the international comunity. Baçed on the B

belief of the League of àrab States and the importance and seriousness of this

issue and the need to find a solution to it in order to elirninate tension and
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reach constructive resulrs which might promote international efforts aimed at

1
putting a de£initive end to international terrorismlin al1 its forrns, the
I
Council of the League of Arab States held tvo emergkncy meetings, on
I
5 Decembet 1991 and 16 January 1992, and adopted tuA resolutions in which it

stressed the principles and means on wkiichthe Council of the League of Ar&
1

States believes that respect for the constructive of the United

Nations and al1 its Member States may be easured.

The two resolutionscan be çummed up by the following two points: first,

condernnation of terrorisrn in al1 its forms and of the incident of the downing

of the àmeriean aircraft and full symeathy with the I.miliesof the victims;

and, second, support for the position of the libyan 'lrab Janahiriya, which
I
denied any responsibility for the incident and condemned terrorism In al1 its
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forrns and expresscd its full and total willingness (O find a solution of the

question in accordance with Article 33 cf the United Nations Charter and to
1
place this question before a neutral internationalc,ommission of àaquiry,

which, thanks to its composition,might undertake an1objective,neutral and

comprehensiveinvestigation of al1 files and al1 suspects and reveal all facts.
I

Based on this willingness, the League of Arab SFates proposed, in its

resolutionwhich has been distributed as an official document of the Security

Council under the symbol S/23274 on 9 Deçember 1991,
l
I (Mr. Omran)

"... the establishment of a joint commission of the United Nations and

the League of Ar& States to study all documentation relating to the

matter, in accordance with the existiug cooperationbetween the two

organizations, with the possible participation of other parties as

.- . . . -.
observers". (Sl23274. annex)

In the light of these investigations, suitable measures eould be taken.

With al1 sincerity, we cal1 upon the States members of this Council.

particularly the three couutries that called for the convening of this

meeting, to keep in mknd that every action that might be taken or requested

will constitute an internationalprecedent. They stiouldalso rernember the danger of taking action that rnight be
l I
conçidered a violation of the provisions of internationallaw. Such action

would not reassure the international community and its States. Hor vrould it 8
1
give a good impressionof the new internationalorder which al1 our countries
l I
look forward to establishing on the basis of respedt for the international

I
principles and values embodied in the Charter of tk!eUnited Nations.
1
We believe it illogicalfor the iavestigators the judges, the jury ana

those who mete out punishrnent to be one and the sa&; it would eontravene the
l
most basic rules of law. Thus, we re-emphasize ho7 important it is for the 1
I
investigation to be condueted by a neutral, objective I body. On this basis, we
1 8
hope that the Couacil will entrust the ~ecretar~-~dneraï with the task of

exercising his good offices with al1 the parties concerned and that we will be rn

able to reach a peaceful settlement of the question in conformity with

i I
Article 33 of the Charter. We are confident that slch an action would spare
1
fie Middle East region complicationsthat would have ulpreeedeated and dire
I
consequenees. I believe we can al1 agree that the 'lastthing the Middle East
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needs is more tension. 1

The PREÇIDENT: I thank Mr. Omran for his kind words addressed to me. 1
I
The next speaker is the representativeof the budan. I invite hirn to
I
take a place at the Couacil table and to make àis sitatement.
I
Mr. HASSAN (Sudan) (interpretation£rom Arabic): At the outset,

Sir, allow me to express to you our sincere congratIations upon your I

assumptionof the presidencyof the Security councih for this month. I shoula

also like to express our gratitude to your predeces~orfor the able and 1

excellentmanner in which he eonducted the businessof the Council last month.
I
IJSM/ ASW

(Mr. Hassan, Sudan)

Nor can 1 fail to express our happiness and sincere congratulations to

Mr . Boutros Boutros Ghali, Secretary-Generalof the Organization, upon his

well-deservedelection to that high post.

We also extend our congratulationsta the new mernbers of the Council. We

wiçh them al1 success in their endeavours for the maintenanceof international

peace and security. We express our appreciationas well to the outgoing

rnembers of the Council, who discharged their tasks fully in a turbulent stage

of the history of our internationalOrganization.

My delegationwçiuld like to express its extreme puzzlementat the train

of events surroundingthe accusations levelled by the United States of

America, the United Kingdom and France at the Cibyan Arab Jamahiriya

concerningits alleged involvement in the destruction of the two UTA and

Pan Am airliners, which have caused the question to be placed before the

CounciL.

It is not cPear to my delegation on vhat logical or Legal basis the

Security Couneil proceeded to deal with this subject and to formulate a draft

resolurion thereon without sufficient legal reasons, The whole matter i,s

atill under consideration ad investigation. The alleqations have not been

proved beyond doubt, Therefore, placing the subject before the Security

Council during this stage of the investigation ruas counter to Che prineiples

of justice,and even eomon sease. It influences the ongoing investigations,

which rnust be completelyimpartialand devoidof motivations of vengefulness

and revenge.

The investigations which have taken place thus far - despite the great

efforts that have been made - have ken carried out by only one party. The

Libyan Arab Jarnahiripa has been given no opportunityto express its point of SJW. 3033
33

viex, or to taLe part in those investigations. ~inke the investigationshave
i
been carried out by one party alane, and by the combetent authorities of

I
countrieswhieh are parties to the question, they are not impartial. Hence,
I
it is aecessary to establish the appropriateatmosphere and the appropriate
I
neutral, impartialvenue to consider and deeide upon the degree of
i
involvement,if any, of the LibyanArab Jamahiriya fn these regrettable
I
and to decide whethet or nct to extradite those accused.
accidents, l
l
We live in the new world order. This is the Unlted Nations Decade of
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InternationalLaw. We live under the Charter of the international
I
Organisation and support its endeavoursfor the paceful settlement of

disputes. 1
1
I
The SecurityCounciP is consideringwhat, to Our country, are notning but
I
alleqationswithaut legal supportingevidence. It our hope, therefore,

that the Security Çouncil will take into account these factors and that it

vil1 give an opportunity for the rule of law, logic and comma çense to be
I

applied in draling with such questions, that ii to l through recours. to

international legal institutions.

The Libyan Arab Jamahiriga has expressed its seadiness to arrive st a
i
legal solution to this crisis. Libya has reaf firmed 'its condemnation of
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terroriçm in al1 its forms and shapes. It has agreed that the rnatter be

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subject to an impartial and neutral internationalin&estigation,or that it
1
corne before the International Courtof Justice, tbe main judicial instrument
l
of the United Nations for settling ruch disputes. fee1 that the

understanding and cooperationevinced by Libya muat k matcbbd bg the other

1
parties. Libya has appointed two judges to investigaIethe matter with the

accuse,ii. In order to complement the effortsof the Ihbyan aide, the three

I (Mr. Hassan, Sudan)

States concerned should provide the two Libyan judges with a copy of the

investigation reports which have been requesteà, in addition, of course, to

the supportingevidence of the indictment. (Ur. Hassan, Sudan)

Our cal1 for arbitration and for patience an this subject stems £rom our
1
I
deep belief in the need to maintain international peace andIsecurity. That

was the basis of Libya's readiness to cooperate with al1 the parties to the

current dispute in order to resolve it peacefully. That is expliçitly called
1
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for in Chapter VI of the United Nations Charter, in A1ticle 33.
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My delegation is gravely cencerned about the use) of the term "terrorisrn"
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in today's world. The way in which the term is used 'ad the fact that some
1
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are being branded as terrorists without legal evidence or logical egplanation
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have in themselveç become a form of terrorism. ~nstead of being the forum for
I

the setelement of disputes betvaen Hember States or fbl the maintenanceof
I
internationalpeace and security, the Security Council has become a forum for
I
the impositionof the will and interests of the strong on the weak.

The draft resolutionbefore the Council constitu(es , an escalation of the

confrontation between the Libyan Arab Jamahisiya and Fe States conceraed. It
l
aoes not relieve tension, It does not qive room for Ge Secretary-General to

1
intervene to avoid the dangersof the eqected confron,tation after its

My delegotion pays tribute to the under-~ecretar~\~eneral for Political
l
Affairs of the Leaguc of Ar& States for his statemeat?and it pays tribute to
I
the position of the League of Ar& States as ertpressed Iin its resolution 5158
l

delegstion hopes that the mmbers of the Couacil vil1 !espond f avourably to
1
that positionin the dischargeof their responçibilityfor 1 the maintenanceof
1

international peace and security.

My delegation deeply regrets the accidents that ha7e taken a toll af
1

~ZU~OEEI~~ lives,and espresses its condolences anci to Uie bereaved (Mr. Hassan, Sudan)

families. We also strongly coademn terrorismin al1 shapes and forms. My
I
deleqation supports the cal1 $y the Libyan Arab Jamahiriya for the eonvening

of a special session of the General Assembly to considerand defiae

internationalterrorism and ways in which to eradicate it.
I

The PRESIDENT: 1 thaak the representative of Sudan for the kind

words he addressedto me.

The next speaker is the representativeof Iraq. 1 invite him to take a
11
place at the Council table and to make his statement.

1 Mr. KADRAT (Iraq) (interpretation £rom Arabie): At the outset allow

me, Sir, to congratulate you on your assumption of the presideney of the
I
SecurityCouneil for the current month. 1 also take this opportunity to pay

rn tribute to your predecessor,Ambassador Vorontsov,of the Russian Federation,

for the skilfulway in which he presided over the Couneil last month.
I
1 should also like to congratulateMr. Boutroç Boutros Ghali on the

1 assumptionof his important post of Secretary-General of the United Nations

during the current difficult international period, and 1 congratulate the new
I

rnembers of the Gouneil.

The Libysn Arab Jamahiriya has repeatedly declared that it condemns

terrorismand that it vil1 not allow its territoryor its nationals to be used
I
1 for the commission of acts of terrorism, and that indeed Libya itsekf has been

a victim of terrorism.

Folloring the receipt of indictments against two Libyan nationals,

indictments which are not based on any legal proof or evidence, the Jamahiriya

' rn officiallydeclared, thsough high-rankingofficiais and the mass media, and by

every other avallable means, that it wuld address the issue via the utmost

care and seriousness,in cornpliancewith internationallaw, including

1 sovereign rights and the need to ensure justice for the aecused and the 1 (Mr. Kadrat. Iraq)

victims. Libya a~~nounced that it rould nlcome rettinp up of a commission

of Arab and internationaljurists to pursue the aiid trial. It

also egpressed its willingness to cooperate with any impartial international
1

judicial authority. However, unfortunately, ~ib~4 rIceived from the United

States and Britain nothing but a refusal to eoope:ate in reaching a peaceful
I
settlement of the dispute by judicial means.

Chapter VI of the United Batious Charter, enqitled "Pacifie settlement of

disputes*', contains in paragraph 1 ai Article 33 !he1folloving stipulation :

"The parties to eny dispute, the continuance of vhich is likely to

endanger the maintenanceof international peaFe and security, shall,
1
first of all. seek a solution by nepotiation,; enquiry,mediation,

conciiiation,arbitration. judicial settlemen! ..." .
1
In that connection, I vish to cite two lettefs addressed by the Secretary of
1
the People *ç Cornittee for ForeignLiaison and 1nternational Cooperat ion of

the Libyan Ar& Jamahi~ipa to the American ~ecretar~ of State and the British

j
Foreign Secretary on the applicationof Article 14Jof the 1971 Montreal
I
Convention for the suppressionof unlaufol acta aglinst the safety of civil
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aviation.

Furthermore, there is no precedent for such jkdicial disputes being
l
I
brought before the Security Council. Bere 1 wish 40 recall resolution 5156,

adopted by the Council of the League of Arab Stste? on 5 Deceaber 1991, which
I
provided for ailinvitation to constitutea joint conunission of the United

Nations and the League of Arab States and ealled od the Secretary-General of
I I
the League of Arab States to maintain contacts ri4 the United Nations 60 that
1
the United NationsSecretary-General rould male ald possibleefforts rith the
I i
parties concerned to reach a peaceful sertlementof; the natter. (Mr. Kadrat. Iraq)

We appeal to the international eomunity and worïa public opinion to

stand on the çiae of justice in order te uphold the principles of the United

Nations Charter. We emphasize the need to resolve the dispute by

negotiatians, rnediatian and judieial machinerg, 4th the cooperation of a11

the parties coneerned, to establish al1 the relevant facts of the matter.

Iraq expresses its support for the right of the Libyan Arab Jamahiriyato

defend its national territory,homeland and people in cornpliance with the

principles of universal justice.

The PBESIDENT: 1 thank the representative of Iraq for his kind

uordç addressed to me.

The next speaker is the representative ofCongo, 1 invite him to take a

place at the Couneil table and to make his statement. I

Mr. ADWnI (Congo) (interpretatio~from ~tknch): X arn pleased to be
l
participating in this meeting of the Security ~ouncih under the presidency of

the Permanent Repreçentative of the United fingdom, a country with a long

l l
legal tradition highly respected by Congo. In the present circumstances,
I 1
Mr. President, your talents will greatly assist the becurity Council as it
l
considers the serious question of internationalterriorism.
I

My dalegation viahes a3.o to pay e tribute to AhasSador Vomntsov for
l
the nsnner in which he conducted the rork of the ~oGcil in Deceinber 1901. We
I
also congratulate the neu mentbers of the Security Council.

1
My deleqation wiçhes to take ais opportunity t61assure the

Secretary-General, Ms. goutros Boutros Ghali, of our full cooperatioaat ais

difficult moment when he takes the helm of the United Nations Secretariat. We
l

convey our best wishes to his predecessor,Mr. ~avier Perez de Cuellar.
l
In the harsh reality of the tumil of a mad wtyld, it is hard for the

international comunity to shut its eyes and remah passive. or selectively to
I

make mere gestures towardç calminq the trembling and Ithe horror. We'are

horrified that countries that hava regainad treedorn are experisnoingfamine
l
and distress. We are harrifiedelso at the absurd drs aaong those rho once

were fellow-countrymen that had never known they were euemies. Afriea has

been çtrieksn by this horror. In that sad conneetion( 1 think particularly of
I
the current situation in Somalia. Other continents tbo are the site of such

1
tribal wars that unfortuaatelyclaim dozens of innocentcivilianvictims.
I
Today the SecurityCouncilis meeting to discussl another kind of horror:

internationalterrorisrn. 1 vish to cornent briefly on that subject - indeed
I

to testify.

The last time 1 spoke on the questionof terrorism 1 was durieg a meeting

l
of the Sixth Cornittee at the forty-sixth sessionof pe General Assembly, (Mr. Adouki, Conao)

whiçh waç discussing measures to prevent international terrorism. I said that

because of its violence, the losses it causes and the anxiety it generates,

that problern was one from which Congo, like other countries, had, rnany times

in its historp, çuffered greatly. In September 1989, for example, the

in-flight explosion of a UTA DC-10 civil flight from Brazzaville to Paris

caused the death of, inter alia, 49 Congolese citizens. That dark evest

created a chronic sense of anxiety in my country. Unhealed wounds are

engraved in the mernories of many Congolese families, and throughout the

country.

Current events amply demonstrate that terrorism is a major challenge to

our shasedmodern history. It is to the adrantage of Governments to unite

their efforts to fight terroriçrn vigorously.
'1

Congo has enacted a number of regulatoryand legislative measures that :l

buttress the once-weak foundationof our legal anti-tersorism arsenal. We

have also mode efforts in the framework of international cooperation; these

have resultedin Congo's accession to various conventions. The international ;~

community knows hov important ad logical it was for Congo to support General :l

Assembly resolution 44/29 of 4 December 1989, which unequivoeallycondemned

,
al1 terrorist acts, rnethods and practices,

Today, as the Security Counçil foeuses on the specifie situation ariçing

irom the in-flight destruction of Pan Am flight 103 and llTA flight 772, Congo

feels encouraged, beeause Libya, against which alleqationshave been made, has

expressed its willingnessto cooperate in determining the truth.

Congo has never vacillated in its struggle against terrorism or in its

cornitment to the principlesupheld by the international~ommunity. The PRESIDENT (interpretation from French) :/ I thank the
I
representative of Congo for the kind words he addressed to me.

l
(spoke in Enulish) I
l
The next speaker is ,the representativeof ltaly./ I invite him to take a
1
place at the Council table and to make his statement.1
I
I
Mr. TRAXLER (Italy): At the autset, Sir, aFlou me to express te you
l
my sincerest congratulationson your asswnption of thé presidency of the
1
CounciXfor the menth of January, as well as the appreciationof rny delegation
l

for the vay in which your predecessor,Ambassador ~orbntsov, conducted the

business of the Council.
I
l
At the same time, 1 wish to express, on behalf of my Government, our
l
sincerestcongratulations to Mr. Boutros Boutros Ghali on his unanimous
l
election to the post of Secretary-General, as uell aslour sincerest wiçhes for
I
I
success in his most exacting and most dernandinq task.1
I
1 am here today to reaffirm the strong eondemnatfonby the Italian
!
Governmentof acts of international terrorismin any forrn, acts which
I

endanger - at the vorst destroy - innocentlives and iffect relations betveen
l
States. My country has lost many hunan lives through /the onsliupht of
I
interna1 terrorism. We have eonducted a very strong £ight within our borders
1

agaiast terrorism. He are therefore verp deeply çoncerned by ;iay occurrence
1
of activities of internationalterrorism, partieularly those direeted against

the security of civilaviation.BCT/ASW

(Mr. Traxler. Italvl

These actç if unlawful interference against the peacsful exercise of

civil aviation are profouadlydisruptive, not only for the States affècted by

those acts but also for the internationalcommuaity as a whole. In the

opinion of my Government, they therefore require that comon actions be taken

by the international çormnunity in order to bring to justice those who are

chargea with these crimes.

For those reasons, my country has favoured the Invulvementof the United

Nations in cormeetion with the need to identify and to prosecute thase

reçponsiblefor the terrorist aets conducted against the Pan Am and UTA

flights that are the subjeet of the Coucil's deliberations today.

In mis context, the Italian Government wishes to express appreciation

for the draft sesolution that is about to be adopted by the Security Couneil.

It fervantlyhopes that the Libyan authoritieswill promptly and effectively

comply with the draft reswlutioa's provisions.

At the same tirne, we uish to express our deep faith in the efficacy of

the efforts of the Secretary-General in seeuring a full and effective response

from the Libyan Government.

The PRESIDENT: I thank the representative of Italy for his kind

rords addressed to me.

The next speaker is the representative of Canada. 1 invite him to take a

place at the Couneil table and to make his staternent.

Mr. KIRSCH (Canada): May I first of al1 express to you, Sir, my

deleqation's congratulations on your assurnption of the presidency of the

SecurityCouncii for this month, as well as our appreciation for the excellent

manner in whieh your predecessor, Ambassados Vorontsov, conducted the

Çouncil's business during the month of December. 1(Mr. Kirsch, Canada)

1 should like to take this opportunity also to express our

l
congratulationsto the Secretary-Geaeral, Mr. ~outroSBoutros Gbali, on his
l
election. and to extend to hio the assurances of our 'fullcooperatioii.
1
l Finally, I should Like to welcome those States that have just become

members of the Security Covecil thiç month.

Canada is one of the countrieswhich had natioaals killed in the
I
destruction of Pan Am flight 103 over Lockerbie, Scotland, on

21 December 1988, and in the bombing of UTA flight 772 over Niger on

19 September 1989. Canada is entirely committed to Putking an end to al1
I
I forrns of international terrorism. The international lcomunity has been for
l
l
too long the vietirnof the type of terrorism in which States have been
I
involved directly or indirectly. Addressing this reprehensibleactivity in a

United Nations forum is entirelyconsistent witb the renewed spirit and

effectiveness of this Organisation. Canada belirves 1that attacks against

civilian targets are abhorrent thrests to internatio4.1peace and security,
l
and they must be addressed by the internationaleommhity as a whole.
l

Moreover, the coneern of the Security Cowicik iI respect of matterç of

international terrorismis aot new. la 1989 my delegation was pleased to be

inv01ved in the proceas that led to the adoption by le Security Couneil of

resoiution 635 (1989 1. vhich condernned al1 achs of uR1awful interference

against the security of civil aviation. The Couneillnov has the opportunlty

to build upon its involvement and to make a construcTive contribution to
l
1
bringingsuch criminal acts to an end.
j
In bilateral contacts, Canada has alreadyuoderlined the seriousness with

which it regards this matter. We have urgea bibya to cooperate fully with the

British, French and United States Govesnments in respect of ais matter. InBCT/ASW

(Mr. Kirsch, Canada)

the absence of a satisfactory Libyan response to the various bilateral

démarches made to it and, given the non-aeeeptance to date by Libya of its

responsibilities in these tuo tragedies,the Government of Canada considers

that the draft resolution submitted to the Security Council represents the

best course of action for the internationalcommunity.

My Government therefore strongly endorses this draft resolution and urges

the Security Council to adopt it,

The PRESIDENT: I tbank the representativeof Canada for his kind

words addressed to me.

The next speaker is the representative of Mauritania. 1 invite him to

take a place at the Council table and to make his statement.

Mr. OULD MOHAMED MaZIMOUD (Mauritanial (interpretation from Arabie):

1 have the honour to participate, on behalf of the aelegations of the five

States members of the Ar& Maghreb Union - of which my country has the honour

of being Chairman this month - in the Security Council'sdiscussion of the

item before it today.

At the outset, 1 wish to express to you, Sir, our delegation's warm

congratulations on your assumption of the presidency of the Securitp Council

for tais month. Your great diplomatieexperieneeis, we are sure, the best

guarantee that the Council'swork will be successfullyconducted.

We wish also to express to your predecessor, Ambassados Vorontsov of the

Russian Federatlon,our congratulations on the wise manner in which he

conducted the Council's work last month.

1 should like to take this opportunityalso to extend once again to the

new Secretary-General, Mr. Boutros Boutros Ghali, our £ive delegatioas'

sineere congratulations and to assure him of the readiness of al1 theBCT/ASW

(Mr. Ould Mohmed Mahmoud,
Mauritania)

institutions of our Union to cooperate with him in order to facilitate his

I
tasks relating to the maintenance of international peaee and security in
1
accordance with the Charter of the United Nations. His personal qualities,
I
hiç vide culture, his well-known aiplornatic experie+ce are al1 quarantees of
I
success in progress by the United Nations tovasds t$s maintenance of

international peaee and sccurity and the achievemeni of the objectives of the

Charter. i

1wish also to welcome the new members of the Security Council and to

wish tbem al1 success in their lcfty but difficult psk. I also thank the

outgoing rnembers for the strenuous efforts they made in tbe past two years,

along witb al1 the other members of the Council.

I (Mr. Ould Mohamed Mahmoud,
Mauritania)

(sooke in French)

Our deleqationshave been deeply saddened by the news of the air accident

near Strasbourgwhiçh took the lives of 87 people. We address our sincere

condolences to the friendly French deleqation and to the families of the

victims.

The subject the Council is consideringtoday is undoubtedly one of grave

concern to the whole internationalcomunity. Indeed, acts of terrorismhave

caused the deaths of maay innocentvictirns throughout the world; hence the

great interest of this community in seeing terrorism eradicatea.

Like the vast rnajority of States Members of the United Nations, Tunisia,

Morocco, Libya, Algeria and Mauritania energetically condernn this scourge in

al1 its foms. They assert their determination to work towards the total

elimination a£ al1 its manifestations £rom whatever source and whoever the

perpetrators may be.

At a time when internationalrelations can be improved,
thanks to the end

of the cold war* and when the easingof tension thot has followed the cola war

caa only promote the systematicrecourse to dialogue and compromise to solve

all disputes, it is bighly desirable and appropriate for the spirit of

dialogue and compromise to replace the logie of confrontation. That logic not

only clashes with the atmosphere of peace and stability for which humanity

longs in order to devote itself to the problems that threaten its existence,

but also is in contradiction with the prineiples and purposes of the Charter,

which in Article 2, paragraph 4, cals upon the Members of our Organizatioa to

refrain in theirinternational relationsfrom the threat or use of force,

Furthemore, when there is a dispute between two or more States, the

Charter in Article 33 calls upon them i
(Mr. Ould Mohamed Mahmoud,
Mauritania)
1
"first of all, [to] seek a solution by negotiation,enquiry, mediation,
I
conciliation, arbitration, judicial settlernent,1resort to regional
I
agencies or arrangements, or other peaceful means of their own choice".
I
I
In the present case, which would appear to be alquestion essentially
1
juridical in nature - a question for the settlernent of which the Libyan side
l
bas made conçrete propoçals for cooperation - it would be highly desirable for

the Council to explore al1 ways and rneana likely to lead to a peaceful

solution based on international legality. In any event, it should take into
l
account the many appeals to visdom and moderation made by the Arab Maghreb
1
1
Union, the Organization of the Islamic Conference, and the League of Arab
!
States in particular. i
1
1 should like to express the concern of our delégations at seeing the
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Security Council, which bears the priinary responsibiiity for ensuring
1
internationalpeace and security, having recourse to controverskalprocedures

that might negatively affect the authoritp of itç deéisionçand aiso risk
!
çetting a dangerous preceàent.

In a world which has resolutelyturned its back on the period of sterile

confrontation, it çhould be the desire of al1 to promote reeourse in disputes
I
to peaceful means of con£lict resolution. Dialogue ana joint action are
I
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prescribed by the Charter and should remain the onlyltoolsand means to

achieve that goal. i
1
The delegationsof the members of the Arab Maghreb Union sincerely
!
believe that with good will al1 problens,no matter how cornplex, san find
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equitablesolutions,in such a way as to epbaace thelprestige of our

1
Organization and bring about understanding and harmony among al1 peuples whose

only wish is to llve in peace. 1

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I
I The PRESIDENT (interpretation £rom French): 1 thank the

representative of Mauritania for his kind words addressed to me.

(spoke in Enqlish)

The next speaker is the representative of Yemen, 1 invite him to take a

place at the Council table and to make his statement,

Mr. BASALAM (Yemen) (interpretation £rom Arabic): My delegation

is pleased to express to you, Sir, its warmest congratulationson your

assumption of the presidency of the Seeurity CounciL for thiç month. We are

confident that your experience aad well-knoum ability will lead the Council to

success in its deliberations. I am also pleased to express our satisfaction

at the gooà relations between our two countries, the United Kingdom and the

Republic of Yemen - relations that promote the common interests of our two

peoples .

1 should also like to express our appreciationto AmbassadorVorontsov,

the representativeof the Russian Federation, for his wise guidance of the

work of the Security Couneil last rnonth.

I take this opportunity also to express our appreeiationto al1 the

countries that have praised the role played by Yemen during itsmembershipcf

the Security ÇounciJ.. We express our warmest congratulationsto the new

CounciL members and we wish them every success in thekr taskç.

I should also like to express our pleasure at seeing

Mr. Boutros Boutros GhaLi shoulderi~ghis sesponsibilities as

Secretary-Generalof the United Nations. We are confident that his great

efficiency and well-knom prudence will enable the international Organization

to play a more positiverole in sokving al1 international problems in a just

and peaceful marner, so as to achieve the objectives emphasized in the Charter (~r. Basalamah, Yemen)
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of the United Nations. In this connection, we shouldi akso like to eommend the

positive role played by hi. predecessor, Hr. Javier ~brez de Cuellar, in the
I
efforts to açhieve the principles and purposes of thciCharter in various

fields of internationallife. 1
I
The Security Council is considering today a new question in the Eramework
I

of its appointed tasks. This question is undoubtedly a part of the aew

psoblems that vil1 greatly affect the nature of interbationalrelations in the
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future and the roLe of the United Nations in regard th them. ft will also
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have importantrepercussioas and reflections an the charter of the United
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Nations and internationallaw. It also re-emphasizes /the importanceof not
/
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violatizig the principles of the United Nations in eonllict resolution and the
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need to continuously observe internationallaw, partieularly the Charter of
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the United Mations, so as to be able to deal vith intkrnetional issues in a

1 sound legal manner. 1
I ,-- . i ---

1 (Mr. Basalamah, Yemea)

Yemen, while eondemning anew al1 farms of terrorism and al1 acts that
I
might endanges or take innocent lives, wishes to express its serious eoncern

rn over the Loss of lives in civil aviation incidents, including the two

1 incidents under consideration in the Security Couneil today. At the same
I
time, it is our opinion that this questionsàauld be dealt with in a legal

l framework leading to the punishment of the perpetrators in a maaner consonant

with the letter and spirit of international law. We believe that the adoption
I
of that method would be conducive to the maintenance of the international

8 peace and security the Council seeks to realize.

In that connection we have witnessed the positive responçe of the Libpan
I
authorities and their willingness ta reach in a peaeeful and legal manner a

suitable solution that will achieve the desised objective. The question
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before the Council today concerns a fraternal Arab country and people. It is
I
important that it be adatessedwithin the frameworkof the purposeç and

1 prineipleç of the United Nations Charter and international law. It is equally

important that there should be no repetition of the serious developments the
I
Arab region has witnessed in the past - developments that affected us as

1 Arabs. We hop@ that adhereneeto the framework of international law, as

ernphasized in the stated positions of the Libyan Goverment and the resolution
I
adapted by League of Arab States, which dealt:with the rnodalities of a

H solution to this problem, wkll meet with a positive response on the part of

the Council. We believe that there 1% still time and opportunity to find a
i
suitable and peaceful solution that can ensure the soveseigntyof law and

rn spare us the dangers that might ensue from any hasty determination of the

framework for a solution,
I

I
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CIr. Basalamah, Yemen)
I
In ccnclusion. we hope that the Security Couacil jwill dsal with the issue

in a wiçe ana balanced rnanner that will guarantee intdrnationallegality and

justice and ençure the safety and stability of al1 coutries.
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The PRESIDENT: 1 thank the representative O,£Yemen for his kind
I
words addressed to me. 1
I
Mr. SNOUSÇI {Moroccu)(interpretationfrom ~rench): I should like

first to reiterate to you, Sir, my congratulations on bour assumption of the

1
presidency of the Council for this month and to repeati my congratulations to
I
your predecessor,Mr. Vorontsov, who conducted our prokeedings last month with
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sucb effectivenessand success.
I
My country has participated with great interest ik the consultations that

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were held in recent days on the subject of internationaI terrorism. Morocco

has never been either acquiescentor indifferent to thkt phenornenon and bas
1
alrays energeticallycondemned terrorism in al1 its foh~s. Our vigilance in
1 I
this field ha. alvays, 1 believe, been wholly e=enplarb. Morocco har alvays
1

cooperated actively in the United Nations and in all rIgional and

international bodies in the drafting and implementation of conventions and
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resolutions against terrurism. 1

Our country bas always reaffirmed its cornplete solidarity with those
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States that have denouneed and condemned internationalterrorism and reaffirms

its unconditional contribution to al1 effortsundertadu I to deter and punish

such outrages without compromise.
i
Throughoutthe courseof consultationsI have had occasion to state my
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country 's unsxerving devotion to the principles of the United Nations Charter

and its noble objectives. It is our profound conviction tbat the question
i
before the Council is in fact a last vestige of a perioI of painful

l (Mr. Snouçsi, Morocco)

confrontation that marked a world order we al1 hope has nov becorne fasever a

thing of the past, However, those concerns, which felt bound to express

throughout the discussions, have been rnotivated solely by our sincere wish to

see that the action taken by the Council be in conformitywith the prlnciples

of international law. We were also concerned that the Council not associate

itself uith any precedent that might prove dangerous or regrettable in the

future.

My country's position with regard to the implementation of this common

policy may have appeared somewhat ambiguous. In fact, it is based on

Morocco'ssincere wish to ensure that the contemplated recommendationswould

fa11 within the framework of and respectinternational Law.

In this particular case we feel at this stage that the cooperation

requested is fully justified as concerns the establishment of facts,

particularly the identity of the suspects in the case. In light of the

serious allegatioasmade by the cornplainant States, the Libyan authorities

will, 1 am sure, do everythingpassible to cooperate fully in arriving at the

trûth. The Minister for Strategic Industriesof Libya has just given us his

assurance that this is the case.

However, with regard to the implicationsto be arawn Erom the

responsibility of such persons, when it is finally demonstrated, rny country

feels that we are touching on a principleof internationallav that is well

established in bath unwrittenLaw and in variousinstruments,as well as in

several recommendations of tbe United Nations General Assembly. Tbat is the

principleof "extraditeor prosecute".

In this instance, Morocco Carnot share the view that adoption of the

draft resolutionbefore us today enshrines any exceptionto that uncontested (Mr.Snoussi,)
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principle of international law. Our membership of thé CoIncil and our respect

for it rnakes it incumbent upon us to draw attention a; al1 times to this
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fundamental aspect of the problem faeing us today. NQ~, as a Maghreb State
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and a part of the Ar& nation, cm re ignore the fact (thatthe State king

singled out here is, like us, an Arab and MusLim eoundrfr and a rnember of the
I
Arab Maghreb Union. That State must be allowed to sto'te Its position, enjoy
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its rights and demontrate its gooduill. i
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The participation of the Secretary-Genesal, who is knoua by al1 for his
I
devotion to respect for international law and to uphal~ing the principles of

the Charter, is our best parantee that ve ara moving Iowards cooperation by

all parties in establishing the truth and in implementing the legal

proceedings already in train. His aisdom and experiesi~e will, 1 am sure,

enable us to overcomeall the difficulties rith whieh le problen of

international te~rorism~isfraught and vil1 surely be a constructive
I
contribution that, vhile respecting establislied legal noms, will enable us to
I
I
echieve the goals we have set for ourselves,namely, the punishment of the
1
guikty and deterrence of such acts in the future, with 1the cooperationof all.
I (Ur. Snouçsi. Morocco)

1 would not 3ike to conclude my statment without expressing most warmly

my thanks for the understanding and cooperation my delegationeejoyed from the

representatives of three friendly countries - France, the United States of

America and the United Kingdom of Great Britain and Nosthern Ireland - the

sponsors of the draft resolutionbefore our Council. These eonsultationçmade

it possible for us to get together with the non-aligned group and explore al1

aspects of the problem.

The Kingdom of Morocco ks particularly intereçted in contributing to

bringing about harmony amonq the members 05 the international eomunity and it

will continue, as it has done in the past, to make every effort to reduce

misunderstanding and problems of conmunication which have often complicated

relations between certain States.

The PRESIDENT (interpretationfrom French): I thank the

representative of Moroecofor the kind woeds he addressed to me.

(continued in Enalish)

1 çhould like to inform the Council that I have reeeived a letter £rom

the representative of the Islamic Republic of Iran in which he requests to be

invited to participate in the discussionof the item on the Couneil's agenda.

In conformity with the usual practice, I propose, with the consent of the

Louncil, to invite that representativeta participate in the discussion

without the right to vote, in accordancewith the relevantprovisions of the

Charter and rule 37 of the Councilb provisional rules of procedure.

There being no objection, it is so decided.

At the invitation of tbe President, Mr. Zarif (Islamie Re~ubiic of Iran),

took the place reserved for hirn at the side af the Couneil Chamber. 1

of Iran to take a place at the CounciL table and to make his statement.

Mr, ZARIF (1 slamic Republic af Iran) : Mr. prjesiderit, my delegation
I

and I are pleased to see you presiding over today's imgortant proceedings, as

ueli as over other crucial issues vhieh the Security ~4uncil faces this
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I
month. We are confident that under your wise leadershipand sIilled diplomacy
i
the Security Council ri11 do its utmost to uphold the &uthority of the rules
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a£ international law and to cause fairnessand justice 'toprevail.
!

Felicitations and thankç are also due to Ambassador ~orbntsov, Permanent
l
Repsesentative of the Russian Federation, for the excelPent manner in uhich he

guided the deliberations of the Covncil durkng the precbdingmonth.
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May 1 aIso take thia opportunity to congratulate ~bs Excellency

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Mr. Boutros Ghali, a distinguished dlplomat of high calibre, for his very

1 well-deserved election as Secretary-General af the Unit=d Nations. 1 wiçh

also to congratule the neu memkrs of the Security Council and wish thern al1

success .

The Security Cauncil is meeting today to decide upkn the cifeumstances of
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~WO tregic .vents: the crash of Pan Am flight 103 on 21 December 1988 and of
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trrA flight 772 on 19 September 1989. The first tragedy/took the lives of
I

270 unsuspecting innocentpeople and the second resulted in 171 deaths. The
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issue berore the Security Councilis. Uierefore, one rhich involves a

conaiderablemeasure of bunanity. It ir a question of human lire;
1
specifically, it is an attempt to preserve the most basic of human rights:
1

the right to one's life. Thus, Çouncil members are engagsd 1n an endeavour to
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preserve aisi righf and to make sure that tragedies of hi sort do not occur (Mr. Zarlf, Islarnie
Re~ublic of Iran)

again, This enaeavaur is most praissmrtby when it is initiated, deliberated

and decided upon in accordanceonky with the rule of law.

Assuming that these tragedies are the result of terrorist acts, one

cannot but lend full support to the attempts to establish responsibility for

the acts that led to the deaths a£ so many innocent people. The Government of

the Islamic Republic of Iran holds the view that al1 acts constituting an

unlawful interference with international civil aviation affect the interests

of the internationalcommunity and must therefore be suppressed, whatever the

situationor the motives of the offenders. As such, the offender or offenders

in the present cases must be brought to justice.

In this context, the applicable rule of internationallav is not

ambiquous. The 23 September 1971 Montreal Convention for the Suppression of

Unlawful Acts against the Safety of CivilAviation does nat obligate the

Libyan Arab Jamahiriya to extradite cr surrender the alleged offenders to any

other State that may also have jurisdiction to trp them, provided that Libya,

as a Coatracting State, undertakesto make the offence mentioned in article 1

of the Convention piinfshable by severe penalties. Regrettably, the draft

resolutionbefore the Security Councilgoes beyond this egplicit rule of

internationallaw. This departure from the established rule of law is

augmented when the cooperative approach of the Government of the Libgan Arab

Jamahiriya is taken into account. Libya has welcomed the possibility of a

commission of Arab andinternational jurists followiag the course of the

investigation which the Libyan authoritieshave initiated upon the requestsof

the Statesthat have now spoasared the draft resolution. The Libyan Foreign

Ministerbas aanounced, in his letter tu the Secretary-Generalof the United

Nations circulated as document S/23416, that the United States Administration Mr. Zarif, Islamic
Re~ublicof Iran)

and the British Government have been requested to nomjnate lawyers to rnoaitor
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the fairness and propriety of the inquiries it initia!& l in that respect.
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Therefore. the Government of the Libyan Arab Jamahiriya has taken the

necessary measures in accordance with article 5 of the Montreal Convention to
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establish jurisdictian in this case, and it has also gode out of its way to
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accommodate the sponsors of the draft resclutionby inviting thern and
1
repreçentativesof the international community to monitor its inquiry.
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In this context, rny Government endorses and subçihibes to resolution
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No. 5158 of the Council of the League of Arab States, issued on

16 January :992 and circulated as Security Couneil document SI23436'.

In liqht of the above. and for the sake of the ijtegrity of the

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Osganizatioa, we cal1 upon the parties concerned to heed the priaciple of
I
peaceful settlement of disputes in accordancewith paragraph 1 of Article 33
I
of the United Nations Charter, which reads in part as ~follovs:

"The parties to any dispute, the continuanceof which is likely to
lI
endanger the maintenance of international mace ànd security,shall,
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first of ail* seek a solution by negotiation,enquiry, mediatian,
1

conciliation, arbitration, judicial settlement "

Within the broad content of thks principle of the.lUnited Nations Charter,

article 14 of the Montreel Convention of 1971 presenti the solution in terrns

of arbitration. Paragraph 1 of article 14 reads in part as follows:
l
"Any dispute between tm or more ~~ntraetind, States coneerning the

interpretationor application of this Conventionwhich cannot be settled
I
1
through negotiatioa shall, at the requestof one bf them, be submitted to

arbitration." (Mr. Zarif, Islamic
Re~ublie of Iran)

My delegation believes that the Libyan offer to submit the case to

international arbitrationis a prudent course of actian whieh deserves the

support of the internationalconmiunity. Such a course of action is consistent

with bot$ the letter and the spirit of international lau and affords a greater

degree of independent inquiry. Above all, it will preserve the integrity of

the United Nations in general and the Seeurity Council in particular.

The Goverment of the SslamicRepublic of Iran wishes to reiterate that

it has eategorieallycondemed and continues to condemn al1 forms of

internationalterrorism. In our vieu, al1 acts constitutkngunlawful

interference wieh international civil aviationmust be suppressed irrespective

of the situation or the motives of the offender. To achieve shis end,

however, other laws are not to be violated; such practice becomes the fruit of

the poisonous tree and thus unacceptableto men of reason. The PRESIDENT: I thank the repsesentative O£ the Içlamic Republic

of Iran for hiç kind words addressed to me.
I
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1 should like to inform the Council that 1 have received a letter dated
1
21 January 1992 from the Permanent Representative of Morocco to the United

Nations, which reads as followç:
1

"1 have the honour to request that the Security Council extend an
1
invitation to His Excellency Ambassador Engin A. Ansay, Permanent
I
Observer of the Organization of the Islamic Conference to the United

Nations, to address the Council under rule 39 of Its provisional rules of
I
procedure during the Couneil 's discussion of the item presently on its

agenda. "

That letter will be published as a document of thé Security Council under

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the symbol S/23447.

If I hear no objection, I shall take it that the agrees to extend

an invitation under rule 39 to Mr. Ansay.

1
There being no objection, it is so decided.

I invite Mr. Ansay to take a place at the Council table and to make his

statement,

I
Mr . MSAY: Mr . President, 1 have the honour to extend through you

rny thanks to the members of the Council for allowing mi to speak on îuch an
I
important issue.

At the outset 1 should like to congratulate you, Sir, on your assumptian
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of the psesidency of the Security Council for this moadh. We are confident
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that undcr your able steering the Council will mach a just decision.

Our congratulationsgo alço to Ambassador ~oronts4v,your predecessor .

1 simula slso liice to avail myseli of the opportudityto valcorne
I
and congratulate most heartily Mr. Boutros Boutros ~haii, our nowSeeretary-General, on his assumption of this lofty am3 equally responsible

position. We wish him luck and assure him of our full caoperation and strong

support in his noble work.

The Organization of the Içlamic Conference condemas terrorisrn in al1 its

forrns. This has been proclaimed in various PIC decisions and resolutions

taken either at the meetings of its Foreign Ministers or EIeads of State or

Goverment.

Therefore, it is the OIC's prineipled position that the destruction of

Pan Am flight 103 and the UTA flight of 19 Çeptember 1989 were heinous acts of

terrorism whfeh should be eondemned and that.al1 States and parties should

assist in the apprehension and prosecution of those responsible for those

criminal acts.

During its last summit meeting in Dakar, Senegal, the OIC adopteda

tesolution on the particulas issue before us and, with your permission, Sir, 1

should like to infarm the membership - as 1 have ben instructedto do - on

the content of that decision, resolutlon No. 70:

"Having eonsideredthe item related to the crisis involving an OTC

Member State;

"Guided by the principles of the Charter which cal1 for the

promotion of solidarity among Member States:

"Abiding by the objectives and principles of the United ElatSons

Charter whlch stipulate that al1 States are eomitted to refraining ftm

the use or the threat of use of force in theirinternationalrelations,

the settlementof theis disputes by peaceful means, respectfor the

independence of al1 Member States, and refrainingfromposingany threat

to the saveseignty, territorial integskty and safety of their people; l
"Reaf firrning its clear and unequivacal denukciation, on previous
I
occasions, of al1 forms and types of terrorism, and its condemnation of
!

ail those who use or encourage it, be thep individIals, groups or States;
I
proeeeding from the faith of the OIC Member States that terrorism runs
t
counter ta the Islamic values in uhich they believe, and which commit
I
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éhem never ta tolerate or disregard terrorism, in so far as it
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contradicts the aipiration of individuals and Goyernments in the

international comunity to a life of peace. vher! stability and security
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prevai 1 ; I

"Taking note with great satisfaction of the declaration by the
1
Libyan Jarnahiripa that it denaunces al1 fosmç and types of terroriçm, and

condemns al1 those that use or encourage it, and itç villingness to

cooperate with any international or regional judicial or humanitarian
l
body in working for cambating it; and in appreciAtion of the legal
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procedures it has taken in thiç connectkon:
I
"Expressing satisfaction with Libya's declaration that it is fully

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prepared to cooperatewith the United States and the United Kingdom

judieial authorities and that it weleomes viçits,by judges and
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investigatorsfrom the United States and the ~nided Kingdom, ço as to
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ensure the serkousness of the procedures and the kmpartiality of the

investigationsconductcd in the charges levelledlat some of its citirenr
I
and for the full truth to corne to lrght regarding such charges;

"1. Takes note with satisfaction of Lkbya's confirmation that it

denounces and condemns terrorism and that it is Eully prepared to

cooperate with any quarters fighting and working to combat terrorism, and (Mr. Ansav)

commends the sensible way in which Libya has dealt with the threats

directed against its territorial integrity and the security of its

population;

"2. Expresses concern over the escalotion of the crisis, and the

referenceto the possible use of force, which does not accord with the

proper system of dealing with other States, the United Notions Charter,

or international law; and calls for abiding by internationl conventions,

and the use of dialogue and negotiations as a rneans of solving the

disputes between States:

"3. Reaffirms its full solidaritp with the Libyan Arab Jamahiriya

and ealls for averting any economic or military action against Libya:

"4. Reguests the Secretary-General to foLlow up this question and

subrnit a report thereon to the Member States."

The PRESTDENT: 1 thank the Permanent Observer of the Organization

of the Islamic Conference for his kind words on my behalf.

It is my understanding that the Couneil is ready to proceed to the vote

on.the draft resolution before it, If I hear no objection, I çhall take it

that that is the case.

There being no objection, it is so deciaed.

1 shall fkrst cal1 on those members of the Council who wish to make

statements before the voting.

Mr. MUMBENGEGWI {Zimbabwe): Let me begin by eongratulating you,

Sir, on your assumptionof the demanding task of presiding over the work of

the Councilfor the month of January. The skills, both diplornatic and

intellectual, that you have demonstrated in guiding the Council's work so far

assure us that the Council is in good hands as it prepares for a <MA M,umbenqe~wi , Zimbabwe )

1
history-making session at the highest level in the comdng few days. We also
l
take this opportunity to extend our warm appreciation do
I
Ambassador Yvliy Varontsov of the Rorsian Federation fdr the able and cal.
1

maaner in which he guided the work of the Council laçt Ioath, at a time when
I
bis own country waç going thsough a rnomentous transformation.

Although 1 have had the opportunity to congratulate and welcome our
I
~ecretary-GeneraL on another occasion, allow me, Sir, to do so on this

occasion, since it is the first formal meeting of the cbuncii at which 1 have

spoken siace he assumed that high office. As one of the three African
l
representativeson the Council, 1 could kardly disguisel the fact that it is a
I

source of ipecial pride to see one of the most dirtinguished sons of Africa,
1
Mr, Boutras Boutros Ghali, bead the Organization at such a momentous juncture

in Its history.
i
The issue before the Council today ia a grave one. / The vanton and vilful
1

taking of human life that resulted £rom the terrorist acts eommitted against
1
Pan Am Elight 103 in Deeember 1988 and UTA flight 772 in September 1989 must.
l
be candemned. Zirnbahwe, uhich also has bean a target of actç of terrorisrn
I
over several years. condemns terrorksrn in al1 its forrnsl We believe that
i

there should be no place for perpetrators of acts of terrorlsm to hide.

Teçrorism, in al1 its forrns, must be punished. It is o?r vier that
I
internationalterrorism constitutes a grave threat to international peace and

The 1976 report of the Secretary-Generalaptfy characterized it as
security.

"a threat to the fabrie of organizedsociety and a potential danger to
1
all Governmentsand peoples". (A/31/1/Add.l,raart YI)
1
The Coucil is, therefore,doing the right thing in addressiag this issue

1
today, as it aia in 1970, when it adopted resolution 286 (19701, and in 1989,

when it adopted resolutioa 635 (1989). (Mr. Mwnbenuecrwi, Zimbabwe)

In our view, the draft sesolution on which we are abont td take action

seeks to achieve two main objectives. First, it seeks to send a clear message

that the Council is determined to deal firmlywith terrorism. Secondlp, it

seeks to ensure that the aceuçed are brought to trial. It Is Zimbabwe's view

that this has to be achieved on the basis of the established legaL norms and

the existing international legal instruments applicable to aets of terrorism.

My Government believes that in this regard the Security Council should be

guided by the 1971 Montreal Convention for the Suppression of Unlawful Acts

against the Safety of Civil Aviation. That Convention, like itç sister

Convention on the Suppression of Unlawful Çeizure of Airesaft - The Hague

Convention - designed to combat hijacking, which is another aet of terrorism,

seeks to lmplement the traditional precept of aut dedere, aut vunire,

generally translated as "extradite or punish". My Government understands the

sensitivity that has always characteiized the issue of extradition. The

extradition of one's own nationals is imperrnissible in the laws of many

States. This iç why the existing international legal instruments make it

clear that if the State holding the alleqed offender does not extradite it

shall be obliged, vithout any exception whatsoever, to submit the case to its

competent authorities for the purpose of prosecution.

Zimbabwe welcornes the clear role which the draft resolution gives to the

Secretary-General in resolving the dispute before the Council, We believe

that on a rnatter of grave importance sucb as the one before us it is prudent

and appropriatethat the Council take full advantage of the good offices of

the Secretary-General. It is our aiacere hope that when he reports back to

the Council on the outcome of his efforts it will be possible to arrive at

arrangementssatisf actory to al1 parties concerned. The PRESIDENT: 1 thank the representativebf ~imbabwe for his kind
l

wordç addressed to me.

Mr. POSÇO SERRANO CEcuador) {interpretation from Spanish) : Since

this is the first tirne my delegation has spoken this month it uisheç to tell

you, Sir, how happy we have been at the very active and efficient way in which

you have been conducting the Couneil'swork. We also wish to express our

gratitude to the Permanent Representativeof the Russian Federation for the

diplornatic skill, kindness and eourtesy with which he c1nducted our

discussions last month.

we welcome the presence here of the new Secretary-General. We wish to

repeat our willingnessta eooperate fully and eonstantly witk him.

W. also wish varmly to velcomeofficiallyour ni? colleagues, the
I
repsesentatives of Cape Verde, Hungary, Japan, Moroeco and Venezuela.
l
The President of Ecuador, Dr. Rodrigo Borja, has çaid on many occasions

that our country iç an lsland of peace. That is not a gratuitous' or unfounded
1
assertion. In the context of our subeontinent ~euaaoi is one of the ceuntries

which suffer least the eifects of violence. Terrorism is unknown. This puts
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an unavoidable responsibility on tïieEcuadorian authorities,which must
i
maintain this island of peace and deiend interna1 peace as a true national

heritage.

At the internationallevel, therefore, Ecuador censiders it to be its

duty to cooperate in actions directed towards eliminatingviolent aggression

and combatingterrorism in any form.
Ecuador must expIess its total

eondemnationof any acts of terrorismor violence and lany violation of

international peace and seeurity or threat te it, The PRESIDENT: I thank the representative df Ecuador for his kind

vords eddressed to me.

Mr. JESUS (Cape Verde) : My delegation takej nuch pleasure in aeeing

you, Sir, presiding over the Couneil's work for the month of January.

I
Your experiencedguidance and dedicationhave led us to produce

msny importantdecisions ia the course of tbis give us the

assurance that mucb more will be accomplished by the iouncil under your

discipline8and active leadership.

To your predecessst in the ptesidency, ArnbassadokVorontsov of the
1
I~~8ian Federation.go our congratulationson the skilful and professional

mannsr in which he led the Couneil's deliberations last manth.
I
My delegationis very pleased to see here with uç the new

I
Secretary-General, Mr. Boutros Ghali. As he starts bis importantmandate and
1
assumesbis high and sometimesdelicatere~~onsibilities ,e wish him much

success and happiaess.

Cape Verde as a matter of prineiple condemns, in the strongest possible

1
war, sets of internationalterrorism, by whomeves perpetrated. Nething can
1
juatifg th% use of violence agaiast targets which causes the loss of life of
I (Mt. Jesus. Cape Vesde)

We believe that international terrorism should be eliminatedonce and for

all, and that the United Nations should play a major role in attaining that

qaal .

We cal1 on al1 those that have in one way or another and for whateves

purpose promoted, supported or engagea thernselves, directly or indireetly,in

acts of internationalterrorismto desist frorn that abhorrent practice, for it

is wrong and attains no objective other than inflictingpain and suffering on

innocent victirns and their families.

We have joined in the condemnationof the outrageousdoming of Pan Am

fligbt 103 and UTA flight 772. He share the pain and suffering of those who

lost loved ones in these two tragic incidents. The authors of these heinous

crimes shauld be tried and appsopriatelypunished.

These incidents have added much confusion and contributed substantially

to a climateof insecurity in civil aviation. It is important - and it is

high tkme - that the seeusity of civil aviation be restored, so that anycne

taking a plane can travel safely,without fear of any terrorist act. Ir is

our hope tûat today's decision by the Security Council vil1 be a positive

turning point in that respect.

In votiag in favour of the draft resolutionbefore the Council, rny

country will signal itç strong condemnation of international terrorisrn and its

willingness to join its voice to those of others that want this abominable

practice of violence eliminated, Our positive vote will also reflect our

strong view that the authors of any such crimes should be brought to justice

and punished aecordingto the law. S/PV.3033
77

(Ur. Jesus, Cape Verde)
I
Our vote, hovever, cannot and must nat be iaterpr&ted or construed in anp

way as favouring the setting of any precedeatthat couid change the

well-established rules and internationalpractice on extradition. Like the

canstitutkoas of many other countries,our Constitution States, in Its
1
article 33, that in no eircmstances should any Cape Verdean citizen be
1I
extradited £rom Cape Verde. We believe that to be the expression of a

principle dear to al1 countries, a principle that shouid be preserved. As a
I
small nation we hold dear respect for the aorrns and principles of
lI
internationallaw that over the centuries have served kations well.
I
In attempting to find a solution to an episode reiated to çpeckfic

1
circumstances - however perniciousthat episode mag be ind however much it is
1
to be rejected - one should not lose a sense of the br1ader perspective, and

one should carefully reskst the temptationto create a legal entanglement to

which ve might al1 fall vietimin different circumstances.
I
We are of the viev that at al1 tirne.this case shiould ba handled rith due

l
respect for the principleof the peaceful settlementok disputes,and within
I
the boundaries of international Law. In this respect, we expect the

Secretary-Generalto play a pivotalsole in helping toibring about a

negotiated solution.

I
Those are tàe parameterswithin which our a£ firmative vote on the draft

resolution has to be seen.
l
The PRESIDENT: 1 thank the representative ok Cape Verde for bis

kind wards aaüressed to me. 1 (The President)

I shall now put to the vote the draft resolutioncontained in document

S/23422.

A vote was taken bv show of hands.

In favour: Austria, Belgium, Cape Yerde, China, Ecuador, France,

Hungary, India, Japan, Morocco. Russian Federation, United

Kingdom of Great Britain and Northern Ireland, United States

of America, Venezuela, Zimbabwe

The PRESIDENT: There were 15 votes in favour. The draft resolution

has been adopted unanimouslyas resolution 731 (1992).

1 shall cal1 now on those members of the Council who wish to make

statements followinq the votirig.

Mr. PICKERING (UnitedStates of America): In adopting

resolution 731 {1992), the Security Council has again àemonçtrated the

important role which it should play in this new and hopeful era of

international relations. Its responsibilities for internationalpeace and

security are paramauPt, and it has shorn agaia that it takes such

reçponsibilities with the utmost seriousness.

The Council has been eonfroated with the extraordinarysituation of a

State and its officials which are implicated in two ghastly bombings of

clvilian airliners. This is a situation to which standard procedures are

clearly inapplicable. The effects of such conduct on internationalpeace and

security are elear and inescapable.

The Governments of France, the United Kingdom and the United States have

presented to this Council the reports of investigations whieh implicate

officials of the Libyan Goverment in the bombingsof Pan Am flight 103 over

Scotlanâ and UTA fliqht 772 over Niger. Four hundred forty-one cornpletely (Mr. ~ickerinq, United States)
1
innocent people from 32 countries,includinp rom seken of the nembers of this
1
1
Council, were murdered in an act of bkatant, cold-bloodedand brutal terrorism.
l
The issue at hand is not sorne differenee of opkAion or approach that can

be mediated or negotiated. It is, as the Security ~~uaçil has just
I
I
recognized, conduct threateniagto us-akl, and directly a threat to -
I
international peace and security. The mandate of / Security Council

requires that the Coucil squarely face its responéi4ilitiesin thia case. It

must not be distracted by Libyan attempts to convert this issue of

i
international peaçe and seeurity into one of bilateral differenees.
I
The resolution just adopted responds to a special situation that has been
I
brought before this Council. It rnakes a straiphtfo*ard reqvert of Libye:

that it cooperatefully in turningover its officiaisI who have been indicted

or implicated in these bornbingç aiid that it take conCret= actions to conduct
I
itself as a law-abiding Stote. It also calls upon the Seeretary-General to
!
add his efforts to those of the many Statesencouragkng Libya to comply fully
1
1
and effeetively with this resolution, The resolution makes it clear that what
1
the Couneil is seekinq to ensure that those accused be tried prornptly in
I
accordance with the tenets of international lav. The resolution provides that
1
the people accusid be simply and diroctly turned ove! Co the jodicial

l
author ities of the Governments whioh are competent +der international law to

try them.

Until now, Libya has refused to respondto thosé requests and has çought
I
to evade its respansibilitiesand to procrastinate. lwhile Libyan efforts to

obscure the nature of the issue before the Council hke included oxplicit
l
agreement that its nationalç may be tried elsewhere, those efforts also (C)

iavolve tortured attempts to identifp or create venues mat could reduce and

even negate the value of the evideace so paiafully colleeted in long and

thorough investigationsby the requestingStates.

In adoptinq this resolution the Council has responded in a careful and

prudent maMer to a uniquesituation involvingcleat implicationsof

State-sponsoredterroristattacks an civil aviation. The Çouncil has clearly

reaffirmedthe right of al1 States in accordance with the Charter to proteet

The resolutionmakes it ciear that lieiiherLibya nor indeed
îheir citizens.

any other State can seek to hide suppurt for international terrorism behind

traditionalprinciples of international law and State practice. The Council

was faced in tùis case with clear implications of Goverment involvement in

terrorism as well as with the absence of an independent judiciary in the

implicated State. Facsd wilh conduct a£ this nature, the Council had to aet

to deal via threats to international peace and security stentming from

extremely serious terrorist attacks, and it did so with firrnness, diqnity,

determination and courage. The Council'saction thus sends the clearest

possiblesignal that the international com~~~ity will not toleratesuch

eonduc t, I
We now hope that Libya vil1 respondeffectively, i$nd do so rapidly. The

voice of the internationalcommunity in îhis regard is clear and determined.

The Council expects Libyaa cornpliance with the tesolution whieh it has juçt
1
adopted. The enonnity of the crimes comitted and the /cnslaught againrt
. . I . . -.
The Caunsil vil1 be watching
international peace and security demand no less.
l
carefully haw Libpa responds. The Council will proeeed 1in a step-by-step
1
manner, 1 am sure, to maintain its cornmitment to interLational peaee and
1
security, It will continue to ensure that its voice yd 1 its decisians do al1
1

that iç possible to persuade Libya, and anp other States that might be
1
rnotivated in the future to act as Libya has. to cease Such actions nor and in
I
the future.
If further action should be necessary,and lwe hope it uill not

be. ue are convincedthat the Council ib ready on a cobinuing basir to face
I
up to its full responsibilities.
I
Mr. BOCBEREPiU DE LA SPgLIEBE (France 1 (interhretationf rom French) :

l
The Governments of France, the United Kingdom and*the Ûnlted States each

pvblished on 27 Hoventber last a nationalcomnuniquésoAveyins to the libyan
I
authori tieç çpecif ic requestscomected with the legal procedures mer vay,

£ollowing the attacks against UTA flight 772 and Pan 4 flight 103; and,
l
togetheri tby published a joint eomuniqué recalliag these requests and
I
calling upon the libyan authorifissto comply xith the4 vithout delay. To

1
date, the Libyan authosities have mot respondedsatisfaetorilyto these

requests .

The Security Couneil has had occasion repeatedly ko condemn actions
l
l
agôinst the securityof civil aviation and to cal1 forlthe strengthening of
I
cooperation betweea al1 States in order to prevent ar bunirh al1 acts of
l
1
internationalterrorism, and for the prosecution of the perpetrators of svch

acts. (Mr. Rochereau de la Sabliere,
France)

The French Goverment has, within the United Nations, repeatedly

denounced international terrorism. This is a scourge that Sn itseli

conçtitutes a threat to internationalpeace and security. It blindly

endangers citizens of al1 States. All appropriate means must be used to

eradicate it.

That is the spirit in whieh France haç undertaken its action. The

deliberate and wilful destruction of these aircraft, causing the death of

hundreds of victims, is a clear-cut case of internationalterrorism. The

exceptional gravity of these atta -cks and the considerationsconnerted with the

restoration of lav and security justify this action in the Security louncil,

This action, motivated by these specifie cases of international terrorism,

cannot constitute a precedent.

In these circumstanceç, France hopes that the unanimous reaction of the

internationalconununity, expressed by the Security Couneilin its resolution

731 {1992), which we have just adopted, ni11 induce the Libyan authoritiesto

respond very guickly to the requests of the judicial authoritiesconducting

the investigation into the heinous attacks comitted against UTA flight 772

and Pan km flight 103, which elaimed 441 victims eoming from various parts of

the world.

Mt-.HOTERDAEME (Belgium) (interpretation £rom French): Belgkum has

always condemned recours@ to internationalterrorisrn in al1 its forms and

whatever attempts are made to justifyit. This attitude is based on

internatioaallaw and the principlesof the Charter. Moreover, it has been

repeatedlyconfirmed by the Security Couacil. The recent upheavals in the world political context provide the

I
internationalcommunity with possibilities for action to attempt to control
l
this phenornenon. Belgium believes that al1 States musd cooperate in
I
developing and implementing neasures to prevent al1 acda of terrorisrn. In
I
l
many cases, these actually represent a threat to interdationalpeace and

securitp. Accordingly, they must be resolutely çombate'd. f n accordance with
I

the preventive approach, re should alao cut off potentihl tarrorists frorn

their cormand centres.

Clearly, terrorist actions are more often than nok passible only with the

active or passive support of certain States, in flagrdt violation of the

legal cormnitments and moral values which they profess. 1Belgium denounces and
I
condemns any relatianshipbetween States and terrorist $roups and bopes that

I
the States about which allegatkons are made in this respect wi1l unambiguously

reaffirm their cornitment to endinp any form of coilus4on rith international

terrorisrn.

More specifically,our Council has had before it &day a draft resolution

relating to the in-fllght destructionof Pan Am and UT& aircraft. First and
I
foremost,Belgiu. vishes here again to pay a tribute to/the innocent victi.ns
I

of these two attacks, includinga Belgian national.

Those are extremely serious indicationsof the responsibilityof Libyan
I
afficials in the destruction of these two aireraft in fllight and the death of

I
al1 their passengers. It is Libya's responsibilitytc leooperate fully with
l
the leqal suthoritiesof the States directly concerned 'inthese two attacks,
I

so that responsibilitycan be detennined once and for a11.
I
Over and above these two particulbr cases, the regolution that the
l
Council has just adopted should,in my country'sopinibn, coastitute a

I
clear-eut reaffirmation by the internationalcomunity 'of its condemation and (Mr. Noterdaeme. Belsium)

total rejection of international terrorism. It should above al1 represent a

first step towards a more transparent system within which it would beeome

increasingly difficult, and ultimatelp impossible, for tersorist organizations

to benefit from the collusionand support of certain States.

Mr. LI Daovu (China) linterpretation£rom Chinese): Fisst of all,

please allow me to congratulate you, Sir, on you asswiption of the presidency

of the Security Council for this month. With your well-known diplomatie

talents and rieb experience, 1 am confident that you ni11 guide the work of

the Security Council for this monta to complete success. 1 should like to

thank your predecessor, Ambassador Yuliy Vorontsov, Permanent Representative

of the RussianFederation, who led the Couneil in a remarkable way to the

fulfilment of its work last month. At the same tims, I wish to take this

opportunity to express warm congratulations and best wishes to the nev

Secretary-General,that outstandingpolitician Mr. Boutros Ghali. I am

confident that he wilZ, in this noble post, make brilliaat contributions to

safequardinq the purposes and principlesof the Charter of the United Nations

and'furtber enhancinq the role and prestige a£ the Orqsnization. 1 should

also like to pay a heartfelt tribute to the former Secretary-General,

Mr. Perez de Cuellar. for the widelg acclairneaactiveefforts he made during

his tenure of cffice to strengthen the role of Our Organization in the

internationalarena. Finally, 1 wish to welcorne the new members of the

Council - Cape Yerde, Hungary, Japan, Morocco and Venezuela - and to thank the

outgoing members - Côte d'Ivoire, Cuba, Bornania, Yemen and Zaire - for their

contributions.

The Chinese Goverment's principledposition on the question of terrotism

iç knom t~ all. He have persistently opposed and condemned al1 forms of

terrorisrn, beçause terrorism endangersinnocentlives.
We deeply deplore the (Mr. Ji Daow, China)
i
bombingç of Pan Am flight 103 and UTA flight 771 and /theirserious
l

conseguences. Such a tragedy, in Our view, should nèIer be repeated, and we

are in favour of condueting earnest, fair, objective land thorough
l
investigations on the bombing incidents, in accordande with the Charter of the
I
United Nations and the principles of international law, aad of inflicting due

punishment on those accused, if proved guilty. S/PV.3033
86

(M-)

We have noted that, ever since the United States, the United Kingdom and

France made public their investigationson the bombing incidents, the Libyan

Goverment bas shown a certainflexibilityon related matters and indicated

its willingness to cooperate in findinga solution. We also understand that

grave differences still exist between the threecountries - the United States,

the United Kingdom and France - on the one side, and Libya on the other , as to

how to carry out the investigationsand proceedings regarding the

aforementioned incidents. China believes that prudent and appropriate rather

tham high-pressureapproaehes shauld be adopted to bridge such differences.

During previous rounds of consultationsand disicussians ,e notkced that

the non-alignedmembers of the Couricileapressedtheir concernever the fact;

that the Security Councilmight base its decisionsolelyupon the unilateral

investigationsof certaincountries and, in partieular,that the issues of

jurisdictionand extradition were involved. The non-aligned rnembers therefore

put forwardconstructive proposalswhich the Chinese delegation supports.

Considering that the proposalshave been acceptedby the sponsors of the

resolution,ad prcceeding from the ChineseGoverment's consistentprincipled

position against terrorism, the Chinese deleqation voted in favourof

resolution 731 (1992) adopted earller.

Neverthelesç, 1 should like to reiteratehere that China still believes

that there exist possibilitiesand opportunities at preseat to solve the ~

problern through consultations, I wish to reiterate that the Chinese side
'
sincerelyand strongly bopes that countriesdireçtlyinvolved in this issue

will resolve kheir differences by peaceful cansultation and throuqh diplomatie

channels so as to find a reasonable and fair solution to the bombing

incidents. Sueh an approach would not oalg avoid cornplicating the problem

furtherand increasitq the tension, but also contribute to the maintenanceof (~r! Li Daovu, China)

regional peace and security as well as upholdinq the United Nations Charter
I
and the principles of internationallaw. We are convineed that, as long as
1
al1 the parties coneerned adopt a positive, responsiblk and constructive

attiude, on appropriate and reasonable solution to the existing problem will

be found. 1
1
In conclusion, I should like to emphasize that the adoption of this

resolution should not lead to any drastic action or to,exacesbatingtensions.

The FPRSIDENT: 1 thank the representative china for his kind words

addressed to me.
1
Mr. VORDNTSOV (RussianFederation): The Russian Federatlon

unreçesvedly condemns a11 acts of internationalterronism without exception,
I
constituting as they do an open threat to internationdlsecurity. We

I
vigrously oppose acts of terrorism that involve the deaEhs of innocent people,

disrupt the diplornatic activitiea of States and their representatives, and
I
which complicate the normalcourse of internationalcqntaets ana meetings and

transportation links betveen countries. In this rega~d 1 we believe it

nccesoary to atrenpthen international cooperaf ion in Che elirnination of

1
internationalterrorism. Becent years have seen a growing trend towardç

increasing cooperation in the werld, including within the United Nations
1
system,in the field of the struggleagainstterrorism. Today's meeting of

the Sesurity Couacilis confimation of this.

1
This is pot the firsttime that the problemof terrorismagainst civil
I
aviation has appeared on the agenda of our Couneil. The Couxicil'slast
1
tesolutionon this subjech - resolution 635 (1989) *fi14 Jiuia 1989 - condemned

al1 acts of illegal infringementof the securityof civil aviation and called
l
upon al1 States to cooperate in producing and implementing masures to prevent

1
al1 acts of terrorism, including those involving the use of eqlosiveç.
I (Mr. Vsrontsav,
Russian Federation)

It is Russia'sbelief that the cooperation of Mernbers of the United

Nations in this area should be based upon the principiesand norms of

international law. A major stimulus for the concertation of international

efforts should be the protection of the lives and safety of people.

On the basis of rhat I have çaid and of our prlncipleü approachcf

unswerving observationof internationallegality and Lau, we supported the

request of the United Kingdom, the United States and France for the convening

of a meeting of the Çecurity Council. The tragedy of Pan Am flight 103 and

UTA flight 712, whieh took hundreàs of innocent lives, must not be all~wed to

be repeated. At the hands of ruthless terrorists there perished twice as manp

people as are now in this very Chamber. Often, the exkgenciesof our tasks

required us to Ely, and we can imagine the helpless horror experieneedby the

passengers of these two aircraft at the explosions.

We most energeticallycoademn the destruction of these aircraft and those

who are responsible for the deaths of these people. We believe kt necessary

to ensure the eompreheasive eooperation of the Libyan authorities, as well as

that of other States, in establishing responsibilityfor the acts of terrorism

comitted against these aircraft. It is our belief that in no circumstances

must the prestige and good name of a country be allowed to suffer from

wrongful or criminal acts comitted by any of its citizens. It is important,

in accordance with universallpacknowledged legal noms, that the judicial

organs of those countries to which the downed aircraft belonged and over whose

territory the crimeuas committed should be allowed to deal witb this case.

International interestin this trial should ensurethat it is open and

impartial in nature. (Mr. Erdos, -Hunaaru)

former Soviet Union on their way to Israel; another attack tcok place against

the Ambassador of Turkey in Budapest.

Bungary Eirmly condemns in a13 its forms the seousge of terrorism,which

is becominq one of the moçt alarming global phenornonena of the late twentieth

century, It also condemns any assistance,direct or indirect, given to those

who plan or carry out such actions, The tragedy of Pan Am flight 103 affects

Hungaty directly, beeause four of our citisens died in that awful disaster.

No one is inmiune to these monstrous and senreless aets, and among the victims

there could very well have been children, relativesor friends of people

sitting around this very table or present in this rows of representatives'

seat S.

We therefore associate ourselves with the staternent made at the time by

the President of the Security Council on its members' behalf. This statement

called on al1 States to assist in efforts aimed at arresting those responsible

for this criminal act and at bringing them to trial. We also recall General

Assembly resolution 46/51, whicb appealed to al1 States to take effective and

determined measures rapidly and definitively to eradicate the scourge of

international terrorism. Ours is a position of prinçipleand we are guid=d by our responsibilities
I
l
to the relatives cf the Riingarianvictims. Hence we feel morally bound to

~ contribute in so far as re are able to astablishing Qe tacts celating to such

criminal incidents.

The attacks on Pan Am and UTA aireraft are actç that obviously threaten

1
1 international peace and security. As a result, we £=el that it is entirely
I
justified and highly appropriate for the Security Couscil, the United Nations

body entruated vith the prirnatyrespollsibility for the maintenance of

internationalpeace and seçurity, to consider -theseterroristmanifestations.

I
It aras with deep concern that Hungarianpublic bpinion learned of the
1
1 results of the inquiries that irnplieated Libyan natioIais in the tragedies
l
1 that oecurred over Seotland and the Sahara. In a puhic staterneat in early

December the Hungarian Goverment stated that there ?as a pressing need for

al1 States Wmbers of the United Nations, including the Libyan Goverment, to
l

'cooperate in establishingal1 the iacts of the case !ad in deterrnining

responsibility so that those who had perpetrated the crimes might be brought

to trial and meted punisbmezit cornensurate with thei,r deeds. Hungary
I
expresses its deep concern at terrorist actç in whichI States are implicated,

l
direetly or indirectly- Each and every member of th,e international conmuaity
I
is in dut3 bound to cooperate fully and appr~priatel~y to bring the facts to
I
light and to establish responsibilityunequivocally. That applies to the case

now before us as it does to al1 other manifestations1 of international

Huegary believes that the question of eradicati!ng internationalterrorism
I
bas a legitimateplace among the concerns of the ~ecurity Couneil,which, on (Mr. Erdos, Runaarv)

event that rnight endanget internationalpeace and security. in this

connection the Council is in duty bound to exereise vigilance and to remain

seized of specifie acts of terrarism that threaten or deçtroy innocent lives.

For verbal expressions of faith are no longer enough; the tirne has corne for

concrete actions. It is on the basis of those considerations that Hungary

deçided to vote in favour of the resolution, and we wese pleased mat it was

adopted unaaimously.

The PRESIDENT (interpretationfrorn French): 1 thank the

representative of Hungary for hiç kind wotds addressed to me.

Mr. HOEENFELLNER (Austria}: Austria firmly and unequivoçally

condemns al1 acts of terrorism and has always done so. Austria has

consistently called on the international community - and in partieular on the

United Nations - to increase efforts to combat international terrorism.

The resolution adopted by the Security Council toaay is an important step

in this coneested action againçt the scourge af international terrorism. By

coademaingthe terrorist attaeks leadinq to the destruction of Pan Am

flight 103 and UTA flight 772 and urging the Libyan Goverment to contribute

to the elimination of international terrorism the Security Council has acted

within its responsibilityfor the maintenance of international peace ana

security. Such terrorist acts strike at the very foudation of modern

civilizationand jeopardizefriendly relations among States and, indeed,

endanger their security. The perpetrators of these criminal acts must

therefore be brought to justice, and it is now up to Libya to Zend its full

eooperatioato ais end. That is why Austriasupportedresolution 731 (1992).

The intensified legal and practical cooperation of all States is

essential and, iadecd, indispensable for an effective fight againstRM/21 S/PV. 3033
94

(Mr. Gharekhan, ~ndia)

After the bombing of Pan Am flight 103 in Deeember 1988 the Couneil's

membership issued a press statement ealling on al1 States to assist in

a~prehendingand prosacuting tbose responskblefor the criminal aet. In

meeting tdday to adopt resolution731 (1992) the Council takeç cognizance of a

dispute invalviag two or more States in an issue of maaifest cancetn to the

internationalcommunity. The Council'sneed to act in the maintenance of

internationalpeace and security is therefore legitimate.

There ks hardiy any country which has not been the victim of terrorism of

some fom or the other. India has had direct experienceof terrorist violence

of various kinds. In 1985 an Air India Boeing 747 en route to fndia from

Canada was blo# up in mid-air with a loss of around 400 lives. Innocent

Indiaashave been victimsof countless other terrorist attacks that include

hijackings,secessionist violence fomented £rom outside aimed at destabilizing

the country and terrorism inspired from across our national bouadaries.

Several Indians lost their lives on board Pan Am Elight 103.

It Is no wondsr, therefore, that India viqorously coademns terrorism in

al1 its fomis, Our painful experienceof the devastation and tragedy that

internationalterrorism leaves in its wake enlksts out involvement in today's

decision of the Couneil.

I should stress here that the Council is specifically addressing the

question of international terrorism. My delegation's vote on the resolution

is an expression of its cooperationin the international commmity's efforts

to combatthis menace. The Council'saction,in other words, is directed

towards this objective of combatingterrorism and does not, in my delegatian's

view, prejudqethe cornmitment - or lack of it - of any country in prornoting

the objective in min& I
Governmentshave sometimes. for short-term gains, ken lenisnt with
I
terrorists. For escample, hijackers have ben alloordd to go uapunished, a

that determined Security Council action should send ;outthe message that

terrorists,and international terrorists even more, will not find safe haven

an~here but will be flushed out and punished for deir misdeeds. (Mt, Gharekhan, Xndia)

Today's tesolution, against this backdrop, throwç up cornplex and

i importantquestions that deserve attention. In eqlaining my delegation's

rn vote, 1 should like to make the following points.

The action that the Council envisages today, unprecedented in Council
1
annals, and with juridical implications, cannot be a pteceaent. The goal of

eradicatinginternationalterrorism is a pressing one. At the çame tirne,

1 ' careful note sbould be taken of the legal implications inherent in an içsue of
I
this kind as it is considered in the Council. We are dealing here with a case

where three States, on the basis of evidence gathered by them, wish to enlist
8
the membershipof the Security Councilin taking action. Such an approach

8 imediately brings up the provisionsof the United Bations Charter ana of

international law.
1 I It is my delegation's conviction that action by the

Council should be within the ambit of and through the means providedby
I
internationallaw. Xhat is whp my deleqation believes that today's decision

of the Couacil caaaot be consideredprecedent setting.
1 '
I would furthetmore stress the importanceof recognizingand respecting
8
national sovereignty. The concept has been wiàely pereeived to have come

under some strain recently and deserves reiteration. This is al1 the more

important where delicate and cornplex internationalissueswith implications
I
for national sovereignty, such as the onewe are considering today in the

I Council, are conceraed.

Non-aligned members of the Council engaged in a serious atternptat
I
finding a consensuson this issue.My delegation believes that the important

efforts of the nonalignedcaucus, throughconsultations with the sponsorsof
8
the resolution, contributedmeasurably to theconsensus adoptionof the

resolution.

A further coneernof my delegation related towhat the resolutionhas now
e Mr. ARRIA {Venezuela) (interpretation from Spanish): Mr. President,

1 am especially pleased to join in the congratulations that have been offered

to you by rny colleagues, Your intelligent and active leadership has made it

possible for the Cauncil to deal smoothly, speedily and effectively with such

cornplex matters as Yugoslavia, Cambodia,El Salvador and now Libya.

We wish also to pay a tribute to Mr. Vorontsov, Permanent Representative

of the Russian Federation, for the extraordinary manner in which he guided the

Councik's proceedings during a period of great significance to hiç country and

the world.

That Mr. Boutros Boutros Ghali has now assumed hiç post as Our new

Çecretary-Generalis a source of great satisfaction to our country.

Venezuela is this month beginning its fourth term as a member of the

Security Council, where it has always maintained an unshakable position in

supportof peaee, international security and SuII respect for the sovereignty

of nations. Our Organization's Charter has been the framework wkthin which we

have enunciatedour positions, with the intention of always seflecting also

those of the community we represent. We are well aware of the fact that,

although our country alone is responsible for itç âecisions in the Council, we

cannot disregard the opinions of the nations we represeat bere. Our

affirmative vote today is a consequence of this vision and this responsibility.

International terrorism has taken thousandç of victims and, generally

speaking, its perpetrators and instigatoss have remained unpunished. Such

carnage continues to penalize the whole world vith a kind of psychological

terrorism which obliges us to make major efforts in the field of security in

order to prevent such criminal acts. All people who use civil aviation are

today still hostages to the kind of terror and anguish resulting from acts

such as the downing of the French aircraft of WTA aiid the American aircraft of k~r. Arria. Venezuela)
i
Pan Am. Those who make use of civil air transport cannot semain in a state of
1

constant anxiety, and that is why we propose that the Council should pronouace

itself in a neu resolution on terrorism in general, jbst as on how it wiLl
I
deal with these crimes. Our action against crimes against mankind wilL not be
I
limited to the case now before us, It is obvious that, as long as the
1
1
perpatrators remain unpunished, terrorism will never eease.
l
The inabilitg of the General Aççembly to take a Stand on the
1
est&lishrnent of an international crime tribunal has made it neeeççary for the

Council today to act and to assume its responsibility towards the community we

repreçent. Although this measure is exceptionaland kas involved problerns for

manp of our countries in the area of jusisdiction andiextradition of

nationals, the Counckl does have the necessary compet&nce and it must be
I
prepared to assume the enormous responsibility involved in filling this

institutional gap the result of the lack of alternative maehinery to deal with

I
crimes against mankind.
l
There can be no doubt that the decision taken unalimously bp the Seeurity

Council confers legitimacy and representativeneçç on this resolution, the
I
premiçe of vhich is limited strictly to acts of terrodism involving State

I
participation.
1
In theçe nev tirnes it is urgent to accelerate th=,decision-makingproceçs
I
so a8 to be able to dral with situations in xhich intdrnational cooperation
I
l
must triumph over confrontation. Sinee 1948 the ~niteld Nations has been
I
considering the establishment of aa internationalcriminal tribunal, calling

an the International Law Commission to study its estab'lishent in order to try
l
1
persans accused of genocide and othes crimes.

The latest initiave in this direction was taken bk Trinidad and Tobago,

which i.n 1989 requestedthe General Assembly at its fo!ty-fourth session to (Mr. Arria. Venezuela)

include the item "International criminal responsibility of individuals:

establishment of an international criminal court". The former Prime Minister

of that nation, Arthur Robinson, in hiç statement before the General Assembly

in 1990 said that an international criminal tribunal would provide

"... greater protection for security and sovereignty, particularly of

srnall States; essentially, it is çtability and world order that are at

stake." (AJ45.fPV.20, W. 31)

The United Nations today is playing a particularly prominent role in new

world circumstances. That is why I wanted to take this opportunity of my

first statement in the Council to stress that internationalimpunity endangers

internationalpeace and security.

How much longer will we have to way for the creation of a judicial organ

to try those who are guilty of crimes againstmankind? The United Nations has

for 40 long years been dealing with the creation of such a tribunal, that is,

practically since its founding, but the time for action has never yet seemed

ripe for its sepresentatives, Twenty pars ago, diverse c~nsiderations

paralysed the political will of our Organization to deal morally and

juridically with terrorisrn. Defining terrorism itself led to interminable

discussions. Al1 these considerationsare not relevant today, and we must

assert the will of the United Nations and not waste any more lives or time, I
I (Mr. Arria. Venezuela)
l1
Tt is time we understood that ais is not an acadernic subject: This is a
I
seal subject, as the resolution we adopted today shows. The United Nations,
I
because of its role in the rorid, cannot afford to cLntinue to debate in
1 .
l
corning years a matter of such significanceand usgency. If anything affects
I
international security - and it will be affected by this in the future - it is

crimes against maakind. International impunity is an intoltrable threat whieh

cannot be sccepted. The United Lletions is obliged ti act xithovt any further
I
delay. I

The countries that spansored this resolution - the United States, France
1
1 and the United Kingdom - rorked vith the grovp of no$-aliqnrd covntries

represented in the Couneil and made the clear deslariIion that this resolution
l
is exceptional by its nature and cannot be considered in any way as a
1
precedent but is intended onlg for those cases in whicb States are involved in
I
acts of terrarism. 1

Venezue1a CBD never be disassociated from an ililernational effort against

terrorism as representedby this resolution. This ir/ a rnafter rhere vaguenesa

or equivocationcannot be tolerated. It is not enough just to issue a
l
declarstioa of priaciples against terrorirm. Venezu!la today. thanis to the
l
!
General bssembly, is in a position in which it feels lobliged to be responsible
I
and unequivocal.

Fieally, 1 sbould like to çay that our decision:making pracess took very

much into aceount the results of the three years of &vestigations which were
I

carrisd out by thrie coutries univerrallyrecognizadl 1 for their respect for

the principies of lar and the independence of their jbdisial branches. The

rribunalsof those rotantries have condemed no one ad dave eonfined

tbemselvesexclusivelyto determining the existence o:f evidence that would

justifg impartial criminal proceedings. (Mx. Arria, Venezuela)

Like a13 countries of Spanish origin, Venezuela reeognizes its links with

the Arab world, whose history is largelythe bistory of mankind. We feel that

this makes us particularlysensitiveto tbeir problems. For this reason we

are confident that the purpose of this resolution - a peaceful settlernent of

the dispute - can be achieved. Accordingly, we deernthe urgent and active

participationof the Secretarg-General to be of special political and

institutional importance.

The PRESIDENT: 1 thank the representative of Venezuela for his kind

words addressed to me.

1 shall now make a statemeat in my capacity as the representativeof the

Uaited Kingdom.

The Covacil is meeting today to consider two of the most horrific acts of

terrorism that the world has seen. The destruction of flight Pan Am 103 over

Lockerbie oa 21 December 1988 resulted in the deaths of 270 people:

259 paçsengersand crew, and 11 residentsof the Seottisb tom of Lockerbie.

The destruction of fligbt UTA 772 on 19 September1989 resultedin

171 deaths. Four hundred and forty-onemole died in these two acts of mass

murder and they were nationalsof over 30 different eountries. Forty-seven

British nationalswere killed. The United Nations itself lest a most

distinguishedoffieer, Mr. Bernt Carlsson, tbe Commissionerfor Namihia. The

enormityof these tragedies must be clear to all, even in a world that ha$

become hardened to acts of terrorism.

But there is another aspect whieh sets these cases apart: the clear

indication of LibyaaGoverment involvement. It is tùis wbid has led the

British Goverment, togetherwith those of France and the United States, to

bring befare the CouncilLibya's fiailure,thus far, to comply with ourJSM/edd

(The President)

Following the issue of warrants against the two Libyan officiais, the

British Goverment sought to persuade the Libyan Goverment to make available

the two aeeused for trial in Scotland. No satisfactory response aras

received. So on 27 November 1991 Che British and American Governments issued

a çtatement deelaring that the Çovernment of Libya must surrender for trial

al1 those charged with the crime, and aceept complete responslbility for the

actions of Libyan officiaks: disclose al1 it knows of this crime, including

the names of al1 those responsible, and allou full access to al1 witnesses,

documents and other material evidence, iueluding al1 the remaining timers; and

pay appropriate compensation.

On the same day, the British, French and Arnerican Governments issued a

declaration requiring that Libya comply with their requests and, in addition,

that Libya commit itself concretelyand definitively to cease all foms of

terrorist action and all assistanceto terroristgroups. They stated that

Libya must promptly,by conerete actions, prove its renuaciation of terrorism.

Over two rnonths have passed since we requested Libya to make the accused

available for trial. Na effective response has beea received. Instead, the

Libyan authorities have prevaricatedand have resorted to diversionary

tactics. The letter dated 18 Jaeuary concerning a request for arbitration

under article 14 of the Montreal Conventionis not relevant to the issue

before the Council. The Council is not, in the words of article 14 of the

Montreal Convention,dealiag with a disputebetween two or more Coatracting

Parties concerningthe interpretationor application of the Montreal

Convention. What we are concerned with here Is Ehe proper reaction of the

international comunity to the situation arising £rom Libya's failure, thus

far, to respond effectively to the most serious accusationsof State

involvement in acts of terrorism. 1(The President)
I
l
We bave thought it right, and indeed preferable,toother ways of putsuing

the natter, to come before the Coucil and seek the Launcil's support, through
I
the resolution just adopted. We very much hope thatlLibya will respond fully,

posiiivelyand pronptly, and that Uic accused rill bj made auailable ta the

legal authoririesin Scotland or the United States, pd in France.

I
The two accussd of bonbing Pan Am flight 103 mu+ face, and must receive,

a proper trial. Sinee the crime occvrredin scotlanband the aircrattras

IVnerican, and since the investigation has been carriid out in lcotland and in
1
the United States, the trial should clearly tale in Scotland or in the

But in
United States. It bas been suggested the men might de tried in Libya.
I
the particular circumstancesthere can be no confidencein the impartiality of

the Libyan courts. The suggestionof a trial before some international

tribunal is simply not practical . The International Court of Justice has no

criminaljurisdiction.There is no internationaltr .bual with such

jurisdiction.
I
In addition to the need to brinq to justice the perpetratorsof these
l
particularcrimes, it is vital that ais Council $end an unequivocal message
l
to other would-be terrorists. The Couneil's action dhould have an important
I
deterrent effect. In future, terrorists operating with the connivance or

I
support of a Goverment will know that they can be bFought to trial swiftly
I
and effectivelyin the countrywhere their crime was lcomitted. We eannot

afford to give the impression that they xi11 gived special treatnent,or
1
benefit from diplomatie haggling,
l
We do understand the position ai those coutriad rhose om lavs prevent

1
the extradition of their nationals. But there is no lrule of interaationallaw
l
xhich precludes the extradition of national., and in&d nany countries place

no bar on this and regularly do extradite their own nationals, This is the
1JSM/ edd

(The President)

case with the United Kingdom, the United States and many other countries. We

are not, bp this resolution,seeking to challenge in any way the domestic

rules in those countries which prohibit the extradition of natioaals. we are

not seeking to establish any precedent thot would cast dovbt on the legitimacy

of those rules. We are not setting a broad precedent. We are dealing only

with terrorism in which there is State involvement. In the circumçtances of

this case it must be clear to al1 that the State which is itself implicated in

the aets of terrorism cannot try its own officiais.

1 now resume my functions as President.

There are no further names on the list of speakers. The Security Council

has thus concludedthe present stage of its considerationof the item on its

agenda.

The meeting rose at 3.20 P.m.UNITED
NATIONS

Security Council
PROVISIONAL

- S/PV.3033/Corr.l
23 January 1992

ENGLPSH

PROVISfONALVERBATIM RECORD OF TAE THREE THOUSAND AND
THIRTY-THfRDMEETING

Held at Headquartess,New York,
on Tuesday, 21 January 1992, at 11.30 a.m.

Fisst paraaraph should read

(Mr. Hohenfellner, Austria)

The iatensified legal and practical ~00peration of al1 States is
essential and, indeed, indispensablefor an effective fight against
international terrorism. Austria has thereforebecome a party to al1 relevant
internationalinstruments against terrorism. We believe that action taken by
the Security Council in this field should be guided by the priaciples
enshrined in these conventions unless a State consistently refuses to

eooperate with the international commuaity in this effective fight against
terrerism.

92-60148 8282V (E)Annex 11 S/W.3063
31 Mareh 1992

PROVISIONALVEBBATIM RECORDOF TKE THREE THOUSAND
ANI]SIXTY-THIRD MEETING

Beld at Beadquarters, Mew York,
on Tuesday, 31 March, at 10,30 a.m.

(Venezuela)

m: Austria Mr. HOHENFELLIYEB
Belgium Mr. NOTERDAEME
Cape Verde Mr. JESUS
China Mr. LI Daoyu
Ecuador Mr. AYALA LASSO

France Mr. MEEIMEE
Hugar y Mr. ERDOS
India MY. GfIAElEKBAN
Japan Mr, HkTANO
Morocco Mr. SNOUSSI
RussianFederation Mr, LOZIHSKY

United Kingdom of Great Britain and
HorthernIreland Sir David HAHHAY
United States of Ameriea Mr. PICKERING
Zimbabwe Mt. MUMBENGEGWI

This record contains the original text of speechesdelivered in Engliçh
and iaterpretations of speeches in the other languages. The final text will
be printed in the gfficial Records of the Securitv Couneil.

Correctionsshould be shmitted ta original speechesonly.. Thep should
5e sent under the sipature of a rnembez of the deleqationconcerned,'withis

one week, to the Chief, Official Records Editing Section, Department of
Conference Services, rom DC2-750, 2 United Nations Plaza, aad iacorporatedin
a copy of the record. The meetlncr was called to order at 11 a.m.

ADOPTEOHOF THE AGENDA

The auenda was adopted.
I

(a} LETTERS DATED 20 AWD 23 DECEMBER 1991 (~/2$306, S/23307, S/23308,
Ç/23309, SI23317

(b) REPORT BY THE SECBETARY-GENERAL PURSUANT ~4 PARAGBAPH 4 OF ÇECURITY
CWrrCIL RESOLUTION 731 (1992) (S/23574)
I
(c) FWTEER REPORT BY THE SECBETARY-GENEBKPU$SUUI~ TO PARAGRAPR 4 OF
SEmITY COUNCIL RESOLUTIOW 731 (1992) (S/23672)
l
(interpretationfrm sp+ish): f shoulü like to

inforni tbe Couneil that 1 have reeeivedletters from the representativesof

Iraq, Jordan. the Libyan Arab Jarnahiriya, aur rida niaand Uganda in which they
1
rsquest to be invited to participate in the disdussionof the item on the

Council' s agenda. Zn conformity with the usual lpractice, I propose, with the
l
consent of the Council, to invite those represedtativesto participate in the
I
I
discussion,vithout the right to vote, in accordance with the relevant

provisions of the Charter and rule 37 of the Codncil '8 provisional rules of
l
procedure.
1
There being no objection, it is so tïecided.

1
a l taokaratM,M~.Ma~agyri
Jamah' i a 1

(Jordan) . Ur. Ould Mahanied Mabnoud (Mauritania) land Mr. Karukubira Kamunamire
l

The PRESIDERI! Iiaterpretation from ~~&ish) : The Seeusitp Couneil
l
xiii nox begin its considerationof the item on kts agenda.
The Securitp
1
Coumeil is meeting in accordance witù the understandingreached in its prior
i
consultations .EMS/ 4

(The President)

Members of the Couneil have before them two reports by the

Seeretary-Generalpursuant to paragraph 4 of Security Council resolution

731 (1992), contained in documents S/23574 and Ç/23672 respeetively.

Members of the Council also have before them document W23762, which

contains the test of a draft resolution submitted by France, the United

Kingdom O£ Great Britain and Northern frelandand the United States of Ainerica.

I should like to draw attention to the following cther documents:

S/23641, letter dated 25 Februarg 1992 £rom the Permanent Representativeof

the Libyan Arab Jamahiriya ta the United Nations addressed to the

Secretary-General; S/23656, letter dated 26 February 1992 from tbe Permanent

Pepresentative of Portugal to the United Nations addressed to the

Seeretary-General:S/23731, letter dated 18 bfarch 1992 £rom the Permanent

Representative of the Libyaa Arab Jamahiriya to the United Nations addressed

to the Çecretarp-General; and S123745, letter dated 23 Wcch 1992 from the

Chargé d'affairesa.i. of the Permanent Missionof Jordan to the United

Hations addressedto the President of the SecurityCouncil.

The firat speaker is the representativeof the Libyatl Arab Jamahiriya, on

whom 1 now call.

Mr. ELHWDEEI. (Libyan Arab Jamahiriya) (iaterpretation £rom

Arabie): At the outset, Sir, permit me on behalf of rny delegatioa to

congratulatepou on your assranptioa of the presidency of the Security Council

for this month. We are confident that the skill and expertiseto whieh you

have aeeustomed us wila contribute to the success of the SecurityCouncil's

work in a manner that will aehieve justice and maintain the priaciplesand

purposes for whieh the United Nations was created. Today the Security Couacil is once again con~ideriag the 1988 crash of a
l

Pan Americanaircraft and the 1989 crash of a UTA aircraft, along with the
l
accusation that two Libpan nationals eaused the destruction of those
1
l aircraft. This is occuring without taking into coIsideration the framewark in

without awaiting the final word oo the subject f r&mneutral and objective

l
jurisdiction. 1

The Socurity Couiicil'sdecision to consider&~e item again tvo rnonths

1 after the last hime it did so implies that al1 askcts of the question have
I 8
been exbaustivelyconsidered, that the two Libyan citiaens have been convicted

by a just ruidobjective court. that it ha. been cleariy and unequivocally
I

proven that the two aecusedare linked to the ~ibiIa State, that the Libyan
i
State is responiible for their acts and thet it i! now the task of the

Security Courieil ta carrp out the sentence.

But the facts are different. Even the evidence on the basis of which a
l R
court might convict or acquit the accused ks incamplete: parties have not
1

cooperated dth the judicialauthoritiesin Libpaj havlng refused to lurn over 8
I
the files on the case and the evideacein thekr pqasession.
1
ïbe situationis very rimilarto the vay in +hich the Seiurity Counsil
I
has considered this matter fron the very beginninq: today's meeting is taking

place under the sams circumstancesand with the safnemotivations.
l I

Last Jmuary before the Council, the delegati!1n of the Socsalist People ' s
I
Libyan Arab rlamabiriya reviewed what Libpa has done in the face of United 8

States, British and Frenchallegations. #hile it buld be repetitious to go (Mr. Elhouderi, Libyan
Arab Jamahlriva)

over those meaçures again, rnydeleqation believes it would be useful now not

merely to recall them but also tu demonstrate the extent to which Libyan

authorities have cooperated and how much they waat completely to uneover al1

the facts relating to these criminal aetç.

In that eoatext, X repeat before the Council that when my country

réceived the documents of indictment its competent judicial authorities began

to act.
Trro judges were appointed and began work imnmediately; they undertook

an initial investigation and an order was issued to hold the two accusedin

initial custody. (Mr. Exhouderi. Libyan
Ar& Jamahiriva)

Furthemore, my country has expressed its dadiness to cooperate with the
l I
judicial authorities in the States concerned; we have egpressedour readiness I

to cooperate with al1 the parties concerned in t$eir invesfigations. We have

I D
also asked for al1 the evidence, al1 the docmendsI ro help us in our

investigations. The relevantautharitiesin my c(oumtrp have expressed their B
1
seadiness to receive investigators to participate in the investigations and
I
l have welcomed civil rigbts ana hmaa rights lawyéls.

~n additfon, despite al1 considerationsresdectingLibya' s nationel 1
l
jurisdietion,the relevant authorities in my codtry have said that they arould
I I
~ welc~ a neutral investigatinpcornittee or pt{ing the matter before the
l
InternationalCourt of Justice. Altbough the dispute is of a purely legal a

nature,and tberefare sbould be solved by legal means In accordance with the
1 I
relevantinternationalconventions,my country, on the basis of the 1971

Montreal Convention, has taken conerete, practical masures and has requested a

arbitrationon the dispute. The Foreign~inisters of the United States of
I I
America and the United Ringdom have been inforned of that in off icial

In brie£, those are the measures my country ha8 taken since the begknning

of the dispute and juçt before the adoption of resolutioa 731 (1992). As we I
I
said at the previous meeting, that ras mot for dy politicalrcasons. This
I B
i
iegal issue was dealt vith in accordance with euirent Libyan legkslatkon,
I
international .law and accepted internationalnoms. l (Mr. Elhouderi. Libvan
Arab Jarnahiriva)

What was the response of the other parties to this just and legal

position? Indeed, what was the Security Couneil'srespoase? The United

Kingdom and the United States of America responded to this just and kegal act

with more than sejection; both parties made a request for the extradition of

the two Libyan citizens to seand trial on their territory, before the

investigation was completei and indeed before the two accused were faced with

the accusations made against them. That is a clear violation of the most

basic prineiplesof judicialprocedures. There ean be no accusation without

investigation and sufficient evidence, and the aecused is innocent mti1

proved guilty. There can be no sanction without trial.

Article 36 of the Charter States:

"3. In making recommendations under this Article the Security

Council should also take into consideration that legal disputes should as

a general rule be referred by the parties to the International Court of

Justice ln accordance with the provisions of the Statute of the Court,"

We had hoped that in reviewingthis legal question the Security Council would

act in that way. However, the Counciltook another direction and adopted

resolution 731 (1992). Not only is that resolution based on incomplete

investigations, but there 5s no justificatloafor it. It rnakes no mention of

the Libyan point of view, which we had expressrd. Morsovor, it ignores the

provisionsof Article 33 of the Charter eoacerninq the settlernent of disputes

between Member States by peaceful means.

On top of al1 that, the procedure followedby the Council in adopting

resolution 731 (1992) did not take into accouet the correct implementation of

paragraph 3 of Article 27 of the Charter, which says that in the case of (M4er i, Libvan
Arab Jamahisiva)

decisions adopted under Chapter VI a party to a dispute shall abstain from

voting. That iç applicable to Frarce, Britain ankl the United States of

Those facts concerning the baais of resolution 731 41992) and the

procedures followed in its adoption are not put fbrward merely as the Libyan

I
point of view. Rather, Ulep represent the opiniohs of professors, other
1
thinhers and legal experts. They are an expressibn of the opinion of
l
international organizations, one of vhlch has coxkuitative statui at the

United Nations . Bere I vould mention the 1nternLkionalProgress Organizetion ,

l
whieh expressed its opinion in document SIt3641.
I
It ha5 been said that the Security CounciL decided to reconsider this

question because the Libyan authorities did not eooperate in implementing

sesoiution 731 11992j. Whatever pretexts are invoked to justify this

position. ve xish to reaffirrn that the Socialiit leoplems libyan *rab
I
Jamahiriya has always abided by United Nations resolutions. We have always
l
wanted to implement those resolutions, including Security Council resolutiens.
I
Altàough Libya realizeç the circumstances of the adoption of resolution
i
731 (1992) and the confusion surrounding it, the yery day following its

1
adoption the Jamahiriya expressed its readiness tI cooperete with the

Secretaty-General of the United Nations to ensure the success of his mission,

with respect for the United Nations Charter and international law.
1
On the basis of those facts the relevant Libyan authorities assured the

I
Secretary-General's Special Envoy, wbo visited the Jamahiriya on 25 January
1
this year, that that was its position, He was also informed of the measures
I (Mr, Elhouderi, Libvan

I Arab Jamahiriva)

takenby the Libyan Arab Jamahiriya, including the request to the Governments
rn
of the United States of America and the United Kingdom to provide the Libyan

I judiciarywith the information at their disposal. Furthermore, the Jarnahiripa

suggested that the Secretary-General should invite judges £rom the United

1 States of America, the United Kingdom and France to visit Libya, as well as

representatives'of the League of Ar& States, the Organization of African
I
Unkty and the Organization of the Islamic Conference, in order to observe the

rn trial - sheuld Libyan judges deeide on such a trial - of the two Libyan

In order to demanstrate further cooperatioa and good vill, Libya informed

1 the Seeretary-Generalof other measureç it had taken. First, Libya had

deeided to acceaf the French demands,because they urere in line rith
8
internationallaw and did not jeopardize Libyan soveteignty. In this context,

8 the Libyan authorities requested the Secretary-General eitherto take the

initiativeof setting up a meehanism for the implementationof that aspect of
D

the resolution or ask France and Libya to negotiate such a mechanism among IMr, Elbouderi, tibvan
Arab Jarnahiri-)

Secondly, as concerasSeeurity Couneil reçoludion 731 (1992) as a whole,

Libya has reaffirmed its readiness to cooperate fully with the Couneil and the

Secretary-Generalin a way that would not infringe upan itç State sovereignty

nor violate the United Nations Charter and the priPciples of international

law. In this eonnection Eibya suggested that a rneéhanisrbe ereated for the
I
implementation of resolution 731 (1992) and invited the Secretary-General to
l
create such a rneehanism or to cal1 upon the prtiek concerned to enter into

discussions aimed at reaçhing an agreement an the ketting up of the mechanisrn
I
in accordance rith the spirit of the resolution.
1
Notwithstanding al1 the üifficulties and legafI obstacles ereated bath by

l
Libyan national legis lat ionand internat ioaal convéntions , the principle of

: national sovercigntyand the Charter of the United Nations - and we believe

that resolution 731 (1992) rus counter to the charter - the Libyan Arab
1
Jamahiriya renewed its expression of readiness to Cooperare with the

Secretary-General in facilitating the task entrusted to him in operative
1
paragraph 4 of that resolution.

In that connection Libya made the following skatements: First, the

~amahiriya has no objection to the prineiple of suIrendering the two suspects
l
to the headquarters of the United Nations fission Sn Tripoli to facilitate
l
investigations, and it has no objection to the Çecfetary-Eeneral's undestaking
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to set up a legal eommittee made up of objective,neutral judges to carry out

fact-finding activities and to verifp the seriousness of the accusations made
I
against our two citizenç, including a comprehensivé invest kgation. If the

Secretary-Generalwere then to confirm the seriousAess of the accusations, the
1
Jamahiripa would not object to surrendering the tw4 aceused persans under his

personal supervision to a third party, as long as lhe Secretary-Generalxould (Mr. Elhouderi, Libvan
Arab Jarnahiriva)

furnish full legal and judieial quarantees of the aeed to hold a fair and

objectivetrial based on the Declaration of Human Rights and the principles of

interaational law.

Secondly, we agree with the French request and with the French proposal

to send a judqe to Libya to investigate the matter as he may see fit, and we

agree to provide the French judge with copies of the minutes of the

investigation undertaken by the Cibyaa judge.

Thirdly, in addition to the foregoing the Jamahiriya reaffirms its strong

condemnationof terrorism in all its forms, reqardless of the source. It has

I
denied its purported implication in =y act of terrorism and bas ercpressed its

readineas tu have the United Mations Secretary-General or his deputy engage in

fact-findingactivities within the Jaraahiripa in order to disprove - or

eonfirm - such allegations. Libya will abide by its cornitment to furnish all

facilities and information required by the Secretary-Geoeral or his deputp to

diseover the truth, and it has clearly stated its opinion that there is a need

to draft a convention, bilateral or multilateral, setting forth ways and means

of eraaicating international terrorism.

Xn addition, Libya has expressed its readiness to cooperate in patting an

end tu al1 acts of terrorismagainst inriocent civilians and has stated that it

will not allow its territory or citizens or institutions to be used in any

mamer whataoeverfor the perpetrationof acts of terrorism,either direetlp

or indirectly, and that it is prepared to apply the sevetest sanctions against

al1 personsimplicatedin such acts.

After al1 1 have said, can anpone really maintainthat tibya has nat
I
cooperated? My countryhas tmperated. It has expressedits readinessto

cooperate to the utmoatwithin full respect for its interna1 la- and (Mr. Elhouderi. Libvan
Arab Jamahiriva)

international law and agreed international noms. The Jamahiriya has always
l
wanted to solva the mattsr in a vay that does nct Icontraveneits domestic

legislation. The People's Congresses wield the power in the country, and they

~ are the bodies that must eake the appropriatedeei'aions .
l
Libya's desire to deal with the matter in keeping with established

l
conventions and noms explaias its decisioa, which is in accordance with
I
article 14 of the 1971 Montreal Cciavention* to sdit the dispute to the
l I
1. International Court cf Justice. Our goal is not, Is some have claimed, ta
I
prevaricate or to gain tinte. The decision is in împlementation of thé text of
1
the aforementionedarticle, rahichallowsthe ~mahir1~a to seek a lsgal way in

which it can cooperate fully.

al1 1 have said clearly shows that the irnpasshin finding a solution to
I
the psoblem has not been ereatedby any lack of cooperation on the part of the
I
Lîbyan autshoritiea. The impasse has besa crsated by the other parties, which 1
I
have rejected al1 initiativesüesigned to bxing about a fair and neutral
m
investigation, Those parties amnt to abort international or regional

efforts in Uiat frmevork. Bov else can rs intirPtjet the aufornatic rejection m
I
of al1 the initiativesLibya has taken to find a solutionaad of al1 the
1
proposais made by many internationalorganizations, including legal and

regioaal organizatioas? Here. we would mention #e reaolutiorradopted by the 8

ForeignMinisters of the League of Arab States follpwiag their extraordinary
l N
session on 22 March of this year, in which they urg!al theSecurity Counsil to

avoid the adoptionof any decisionto take ec~riomic~ militaryor diplomatie
I
I
meosuresagainst Libya, to await a decisioa by the InternationalCourt of
I 8
Justice and to allow the committeeestablishedby the Council - coasistingof
l
six ministers and the Secretaxy-General of the lea&e - to undertek. the rn (Mr. Elhouderi. Llb~an
Ar& Jarnahiriva}

necessary urgent contacts with the parties eoncerned, the President of the

Security Council, the States members of the Security Couacil and the

Secretary-General of the United Nations ta find a solution ta the crisis.

In the light of al1 that, why do we have this continuing rejection of all

internationalappeals calling for flexibility and restraint? Why has there

been a rejection of aay cooperation with the Libyan judiciary? Why has there

been a refusal tc furnish the evidence on which the two accused perscins have

been indicted? Why is there a refusai to participate in the ongoing

investigationor in some neutral international investigation? And in addition

to those questions, we would add the folkowing: Why is it clairned that this

incident doeç mot corne uder the jursidictioaof the International Court of

Justice,even though the United States itself has in 7 earlier cases

coneeraiag attaeks against pjnerican aircraft petitioned the International

Court and not the SeeurityCouncil? Does this mean that the United States of

America prefers to use the most useful instrument rather than the one most

directly concerned? And why such haste? Why do the other parties refuse to

await the opinion of the InternationalCourt of Justiceon the question? Why

are they exerting pressureon the Security Council to çonsider the question at

the same time as the Court is consideringit? (Mr. Elhouderi, Libyan
Arab Jarnahiriva)

Couneil resolution 731 (1992) in a rnanner promoting respect for the Charter of

the Unite& Nations and in conformity with the provisions of international

law.

We have put
forward many proposais, of which the Secretary-General has

been apprised through his Personal Envoy or through letters communicated to

him. The Jamahiriya,proceedingfrom prineipled and firm positions, has

affimed on many occasions its condemnationof international terrorism and its

rejection of any form of violence threatening the lives of imoeent people or

endangeringtheir security and safety. Furüiermore, Libya has declared its

support for the internationalcommunityin any measures it takes to fight

internationalterrorism. We have affirmed that we seek to participate

effectivelyin any effort aimed at acbieoing ais objective.

Al1 of this leads me to state that it is incorrect to claim that the

Libyan authorities have not fully aad effectively resiponded to the demands

contained in resolution 731 (1992). As far as the extraditionof Libyan

aationalsis concerned, our national laws rvould reject any such action. Libya

is not alone in tbis. It is a normative rule of internationallaw. Bowever,

my country has none the less attempted tc find a solutian that would maintain

its sovereignty and not breaeh its laws.

As far as the other demands are concerned, my country has fully responded

to those demands in a rnamrterrespecting the noms of international law. We

have shown our readiness to cooperate further, as clearly pointed out by the

Secretary-Geaeral in his second report to the Security Couscil In document

S/23632. He States in paragraph 6 of that report that:

"there bas been a certain evolutionin the position of the Libyan

authorities". I(Mr. Elhouderi, Libvan
Ar& Jamahl riva)

This conclusion cleorly shows that there has been an evolution that could lead
I
to a satisf actory solution to the dispute. On thak basis, we had expected the

Security Couneil to take this evolution into accoupt. We had hoped to

encourage the Secretary-General in his efforts to trnpleient resolution

fnstead, we have found measures leadinq in the apposite direction. mat

we fiad today in the draft resolution before the Couacil is an example of the

abuse of the SecurityCouncil by some permanent mebers through the imposition

of resolutions that not anly rua counter to international legitimacp but also
I
are in flagrant violationof that legitinacy. hi? could lead to a situation

in wich the very principles and objectives of the United Nations are

threatened. These are dangers the consequeneesof which canaot be predicted.
I
Law and abjectivity are king set aside in favour of selflsh personal

criteria. Such acts ri11 also undermine the bases of international law and

open the door to chaos, with a particular threat td the future of smaller

States.

In accordance wkth Chapter VI of the United Mations Charter, and
I
particularly paragraphs 2 anâ 3 of Article 76, the bicurity Council rhould

take Pnto consideration any proeedures for the settlement of the dispute which

have already been adopted by the parties. The becuritY Couneil should also

take into considaration that legal disputes should Ps a general rulo be

referred by the parties to the International Court 81 Justice.
I
What is taking place now clearly shows that the Seeurity Couneil did not
I

tak? bise factors into consideration. It shows thIt the Çecurity Council has

bent to the reguestsof three States and moved direkly to the irnplementation
I (Mr. Elhouderi. Libvan
Arab Jarnahiripa)

of Chapter PI1 of the Charter, which relates ta action wiéh respect to threats

to the peace, breaches of the peace, and acts of aggression. That is not the

case in the situation nOw before the Secirrity Couneil. The matter is a legal

dispute concerningwbo should investlgate the aecused and who should put them

on trial. That is the crux of the matter.

Therefore, braadishing Chapter VI1 and the draft resolution is the

greatest aet of fraud perpetrated against the Charter of the United Nations.

ft is an insult tc the intelligence of the international comunity. It is a

flagrant act of forgery, Chapter VI1 deals with threats to international

peace and acts of aggression. Libya, which is being threatened, should invoke

Chapter VIX, and not the United States, Britain or France, which have invoked

it merely because two people, whc have yet to be proven guilty, have been

indieted. The sponsors of the draft resolutionand the measures based on

Chapter VI1 included in it bave jumped ditectly to Article 41, because Article

39 calls on the SeeuxityCouncil to determine the existence of any threat to

the peace, breach of the peace, or aet of aggression, and to rnake

recommendations or deckde what measures shall be taken in accordance with

Articles 41 and 42, to maintain or restore international pzace and security. (Mr. Elhoude ri, Lkbpan
Arab Yamahiriva)

Article 40 calls upaa the Seeurity Council, making the

recommendations or decidlng upon the measures for in Article 39, to

cal1 upon the parties to a dispute to comply with such provisional measures as

it deems neeessary or desirable: the Security ~odcil must take aeeount of
1
vhether the parties to the dispute do or do not te such provisional

measures. However, none of the above has taken I and the sponsors of the

draft resolution jwnped directly to the folloxingl~rticle. thus totally
I
ignoringArticles 39 and 40.

The draft resolutionbefore the Council purposely bas a reference to
I
sanctions. Operative paragraph I ia a clear expriasion of a threat of further
I

sanctions to take eff ect if libya dots not imediltelg respond to the
l
provisons of resolution 731 (1992). Operative paragraph 2 coatains
I
unspecif ied demands : oredo not know what criteri& leads this Security

Council claim that Cibya must commit itself definitivelyto cease al1 acts of

aggressionin which they allege my countryto be implieated. We do not know
I
when the ~eeurity Couneil will decide that the Jyahiriya has afiided by the

provisions of operative paragraphs k and 2 of the draft resolution so that the

sanctions imposed under it may be lifted accordin;to its ternis.
I m
However, we also know that the other parties in the dixpute enjoy

permanent membership in the Security Coucil; they have the right of veto over m

al1 draft resolutions. We therefore would wonder wby such haste in operative
a

paragraph 3? Why the withdrawal of al1 activitied and orfices of foreign
1
airlines in Libya in a period of merely days? Is'not the objective to carry

out another act of vengeance against Cibya?
I
The Seeuri ty Couneil bas paxticipated in solhg many internat ioaal
l
disputes. It has put an end to tension in maay regions of the world in a I
I (Mr. Elhouderi. Libvan
Arab Jmahisiva)

rnanner satisfactosp to al1 parties eoncerned, and one ensuring the correct

implementation of the Charter of the United Nations. In this period of the

Security Council's history, there are two clear ehoices: either respect for

the Charter in the implementation of internationallaw, a respect for moral

princkples, or the other choice, which is to legitimize unjust measures which

France, the United States and Britain see as the beginaing of further,

subsequent measures such as the impositionof aa economic siege and military

aggression against a small country which is working to build itself and to

deve 1op.

For our part, we still hope that the Security Council will àet in

accordance uith the will of al1 States Members of the United Nations in a

marner ensuringrespect for the principles of the Charter and the principles

of international law, a rnanner which would strengthen international peace and

security and promote the principle of justice and fairness, a principle the

application of which my country has repsatedly called for. We also hope that

the Securitylotmeil will not take any measures whlch will adversely affect

the credibility of the United Nations as an international instrument for the

promotion of geace and eooperation. Such acts would make of the United

Mations an .instrument exploited by certain States to achieve their own

objectives and aims; this would threaten the very foundations of the

Organization, and would make it meet the same fate as that of the League of

Nations. We hope tbat that will not happen again.

The PRESIDENT (interpretation from Spanish): 1 thank the

representative of the Libyan Arab Jamahirkya, Ambassador Elhouderi, for his

kind words addressed to me. (The President)

The next speaker on my list is the representàtive of Jordan, who wishes
I
to make a statement in his eapaeity as Chairman of the Group of Ar& States

l
for the month of Mareh.
l
1 invite him to take a place at the Council table and to make hiç
I

I
Ms. NAOURI (Jordan) (interpretatkon£rom Arabie): On behalf of the

Arab Group at the United Nations, which my countryI has the honour to be

chairingduring the month of March, I should like to convey to you, Sir. our
i
sincerest congratulations on your ossumptionof the presidencp of the Security

Couneil for ais month. Our confidencein your 9ility to guide tbe

I
deliberations of the Couacil and lead them to succe1s is reiaforced bp the
l
high efficiency and diplmatic acumen which you h& evineed since pu first

assumed this responsibility.
i
1 should also like to expressour appreclation to your predecessor,
I
Ambossador Thomas Pickering ,the Permanent ~epres8ntativeof the United States
I
of America, for the worthy rnanner in which he conduetecl the wurk of the

Council during the munth of February.

The Ar& cauntries, at the level of the Çouncil of the Arab League and

through their representativesto the United Nations, have foiluweawith keen

interest and concern the reeent developmentsin the situationresulting £rom
l
the accusationslevelled at the Libyan Arab ~amahikI~a concerningthe

destruction of the Pan Am flight and che French UTk Thiiqht. At a kirne vhen

the necessary, urgent contactabetueea the parties conceraedare still
1
continuingin order te reach a solutionto the Libyan-àmerica-British-Prench

crisis ia accordance with the provisions of the Charter of the United Nations
I
and the principlesof internationallaw, today we find the SecurityCouacil
l
I (Mr. Naouri, Jordan)

facing a fait accomali; this is reflected in the draft resolution before the

Council, whiçh, if adopted, would adversely affect the important efforts made

by the League of Arab States represented by the seven-member ministerial

conunittee and the Secretary-General of ae Arab League. ft rnight also

undermine the hopes our Ar& peoples and public opinion are pinning on

reaching a peaceful settlement satisfactory to al1 parties and in consonance

with the letter and spirit of Security Councilresolution 731 (1992).

It is segretable that the outcome the Security Couneilwill achieve in

adoptingthis draft resalutionwill be the fruit of rushing into puttlag the

draft resolution to the vote without paying due attention to its consequences:

this is the tesult of failiag to give enough time for a13 concerned parties

and the Çecretary-General of the United Nations to rnake further efforts within

the framework of the priaciples and objectives of the Charter, especially kts

Article 33, whieh ealls for the peaceful settlementof al1 conflicts and

disputes.
I

I (Mr, Naouri, Jordan)
a
The Ar& countries have beea very desirous of reachinga peaceful
~
l
solution to this problem, a solution that would avbid for ous Arab region the B
l
complications that would result from adopting a re'solutionaffeeting a
I I
1 iratergal country, the Libyan Arab Jamahiriya. The draft resoïution eould
1 1
have direct and indirectrepercussionsfor othes Arab and non-Arab countries I
1 i
l which have nothing to do witè the subjeet-matterbhing discussedby the
I I a
I Security Council uader ais draft resolution and which are not to blame for
I
the consequensesthis draft resolvtian could have ' erpesiallyif ve rake into I
i Î
l account the close relationship between the intetests of Arab and non-Arab
l I
countries, on the one hana, and those of the ~ib~d Arab Jamahitiya, on the
l
other. reflected in the strong relations betreen 4o.e countries and the
1

Libyan Ar& Jarnahiripa in other fields.

To emphasize the full attentionand active efforts devoted fo ais crisia
i
by the Arab countries £rom the outset, it might be lusefulto set out the steps H

taken and proposais made by the Ar* countries in Lis connection:
I 8
First, the Council of the Leapue of Ar& ~tatjs, in iti resolution 5156
1
01 5 Decembcr 1991. called for the establishment OC a joint cornittee of the
I
United Nations and the League of Arab States. hi$ cal1 was rsiterated in the
l I
Council's reso1uti.cn 5158 of 16 January 1992. Xa 4ddition, the
I
Secretary-General of the League of Arab States was entrusted vith the task of 1

fontacting the United Nations to ensure the e=ercisle by the Ieeretary-Deneral
l m
of the Organizationof his qood offices with al1 I parties eoncerned, with a
I
view to reachinga peaceful settlement to this crisis.
I
Secondly,there ras emphasia on the need to edlllupon the Security

Çouncilto resolve the coriflictthrough negotiationb, mediation and a judicial (Mt. Naouri, Jordan)

settlement, in accordance with the stipulationsof Chapter VI, Article 33, of

the Charter of the United Mations.

Thirdly,resolution 5161 of 22 March 1992, reflects the sincere desire of

the League of Arab States by urging the Security Councll to avoid adopting any

resolution calling for military, economicor diplomatie actions thet might

lead to a worseninq of the negative factors affecting the region, pending a

decision by the InternationalCourt of Justice on the case submitted to it on

3 Mareh 1992, and in order to give a chance for any effortsmade by the

Cornmittee established by the Council of the Leagueof Àrab States to bear

fruit.

Those are the bases of the Arab efforts to achieve a peaceful settlement

to the crisis,a settlement satisfactory to al1 parties and in accordance with

the letter and spirit of Security Council sesolution731 (1992). They are in

Fact in consonancewitb tbe pravisions of the Charter of the United Nations

and international law. Furthemore, they are realistic and logical,

particularly if they are met by good intentionsand not by recourseto another

kind of approach, based on eçcalationand confrontation. Such an approach is

repletewith dangersto our Arab region,at a time when intensive efforts are

being made to put an end to the suffering and tension that have prevailed in

the region for dozensof years.

The follovingfacts must be emphasizedhere:

First* the Arab effortsbeing made within the Council of the League of

Arab Stateshave not yet beea exhausted; thep have mot yet run theis course.

These activeefforts are still being made, and are set forth in the lettes

sent by Mr. Ahmet Abdel Wguid, the Secretary-General of the League of Arab

States, to Mr. Boutros Boutros-Ghali, the Secretary-General of the United

Nations, on 29 March 1992, (Mr. Naouri, Jordan)

Seeondly, in a press release issued by the office of the
l 1 .
Secretary-Generelof the League of Arab States on 30 hrch 1992, the

secretariat of the League emphasires that the Libyan botition indicated in the
i
Libyan message eoncerning a solution to the present crisis between Libya and

some Western eountries confirms the sincere desire toievinee good intentions
1

in order to contain the crisisand reacb a definitive solution to it, in

accordancerith public international law and the provksionsof Chapter VI of
l
the Charter of the United Nations. I
I

Thirdly, the Asab countries have reitetated the& desire for the

Seeretary-General of the United Nations, in accordanck with the powers
I
conferredon him under the Charter of the United Batioas, to make his good
I
l
/ offices and valuable efforts availablewith a view ta settlingthis crisis by

peaceful means.

I Fourthly,the Arab resolutlons have consistently stressed condemnationof

sll foms cf terrorisn and ferrorist aefs directedagCinnt innocent

civilians. ~e believe that the phenornenon of terroribm is e painiui generaï

phenornenon and is aut limited to one region or State. International efforts
I

are sequiredin order to establish international machinery on general legal,
l
and not on selective,bases. The Arab countrieshaveisuffered from this
I
phenornenon of terrorisn in al1 its forms, and fherc cin br no doubt thit they

are fvlly reody tc participate eifectivelyto the suc!ess of such efforts.
l

Fifthly, the politicalafmospherein the vorld t*Iay, resulhinp from

characteristics of the new international order which $as begu to take shape,
l
has made it possibleto seach suitable peaceful solutionsto maay regioaal and
I

internationalproblems. Ilebelieve that on the sm dasis, and in the same
I
spirit,the psacefulefforts to solve this problem cd be crowned with success
1
if the necessary tkme is given for that purpose,BCT/cw ÇJPV-3063 '
29-30

(Mr. Naouri, Jordan)

There are chances *or peace and for a peaceful settlement of the cfisis

being considered by the SecurityCouacil today. They could make a positive' '

contribution, What is requiredis self-restraint, not rushing into steps and

resolutionç that ceuld impede or abort such chances. In the world of today,

it is our duty, indeed our responsibiïity, to avail ourselves of every chance

for peace. The SecurityCouncil today shoulders the historlc responsibility

of showing its determinationte continue the mareh tcwards peace and to spare

Our region tension and instability. We are confident that the Counçil will

not hesitate to give peace and a peaceful settlement more time and another

chance, so that they can pield their fruits.

The PRESIDENT(interpretation from Spaaish): 1 thank the

representative of Jordan for the kind mrds he addressed to me.

The next speaker is the reptesentativeof Mauritania. 1 invitehim to

take a place at the Council table and to make his statement.

Mr. OULD MOHXMED MAIMOI) (Maurktania)(interpretation from Arabie):

On behalf of the delegations of the £ive States rnembers of the Ar& Maghreb

Union, 1 have the honourof participatingin the discussion on the item before

the SecurityÇouncil today.

1 should like first to express our delegations' warm congratulations to

you, Sir, on your assumption of the ptesidencyof the Security Council for the

month of March, We are convincedthat thanks to your vast diplornatic

experience the Council'swork this month will be suceessful.

To your ptedeeessor.AmbassadorThomas Pickering of the United States,

our delegationsexpresstheirheartfelt congratulations on the skilful way he

directed the Coucil's proceedingsfast month, (Mr. Ould Mohamed Mahm~ua,
Mauritaniq)

(spake in French)
i
In our statement of 21 January 1992 on the [email protected] the Council once
l
again today, 1 noted that the States members of thelArab Maghreb Union -

i
klgeria, Libya, Mataritania, Moroceo and Tuaisia - f;orçefully ~cndernn terrorism
l
in al1 its forms and manifestations, irrespective of the source or the
l
perpetrators of the terrorism. In that statement 1 s1ttessed that the

fundamental changes on the international scene markhg the end of the cold war

I
should put an end to the reign of tension and confrbntation and replace it
I
with a naw era of dialogue and cooperation fostering the peaceful settlernent
l
of the eonfliets and disputes that unfortunately peksist. Tbat is why, when
I
1 the Council was discussingthe Lent that was to be adupted as resolution
I
I
731 (1992), I expressed the profsunû eoncern of our Govermnts, which felt
I
thet the underlying spirit of the resolution was not iri hamon? with the
,
dynamics of détente and negotiations or with the hopes aroused by the prospect
1

of a rorld riiat vould be more stable, more just and lmore secure for a11.
I
Today 1 nish again to share vith the Couneil t+ concernof our States
i
about the considerationof a draft resolution providing for sanctions against
i
a member of the Arah Maghreb Union - the more so since the draft resolution,

1
if adopted, arould condema the Libyan people for an aet responsibility for
1
which has not yet been established.

Members of the Council will know tbat, eoncerae,d about the future which
l
the couatries of the Union are determined to build together, with the he3p of
l
I
al1 friendly States, the Permanent Bepresentativesok the members of the Ar&
I
Maghreb Union have repeatedly explainef3 that the harmful consequenees of such

a resolution could hamper the Union's progresa. (Mr. Ould Mohamed Mahmoud,
Mauritania)

Our States theseforeeonsider that it could be possible to avoid the

sanctions and other measures set out in the text, especiallysince the dispute

in question seems ta $e basically juridical in nature and since the

International Court of Justice, to uhich it has been subrnitted, has been

considering it since last Thursdap. We know too that to settle this dispute

Libya bas agreed to cooperate with the SecurityCouncil and with the

The Secretary-General's report to the Couneil pursuant to paragraph 4 of

resolution 731 (1992) emphasises the evolution of Libya's position on this

issue. The countries of the Maghreb believe that the Libyan side iç doing its

best to cooperatein the search for a peaceful settlement of the dispute.

Only a few daps ago, a judge in the tribunal of the Arab Maghreb Union was

mâpdated to continue the inquity on the two Libyan nationais who have ken

chargea by United States and British law-enforcement officials,

The Libyan Goverment has stated its willingness to cornply with

resolution 731 (1992) and with international law. It has also expressed its

readinessto eomply fully with any judgernent of the International Court of

Justice.

That is why the Maghreb delegations, along witn the delegations of the

Statesmembers of the League of Ar& States and other countries which reject

any possible violation of international law and whieh are cuacerned about

international legality and respect for United Nations resolutions, have in

recent Bay3 spcken with the Presidentof the Council and are today addressing

the membetsof the Couricilcbncerningthe political and eeonomic consequences

of possible sanetions against Libya. That is also why the Council of (Mr. Al-Mima, Iraq)

Why did the Coudcil act in this case uitb such laste and so hatshly to
i
guarantee the implementation of a resolution adopted less than three months

I
ago, when it dia not act in the same way regarding other welL-known
i
resolutions relating to othcr States? They include Israel, vhich has rejected
I
aiid failed to implement any resolution of the Council for decades. The
I

Couneil failed to take anp action agairrst its heinous l acts of terrorism
l
against the Palestinian people and against the sovereignty of Lebanon.
I
~o the not-so-distant past the Council failed to aet under Chapter VI1

regarding resolution 598 (1984) with the same alacrity1 and at the same level,
I

althovgh one of the parties to the dispute had failedl to express a position on

the resolution or tu accept its implementaticn, until ia whole par'had
i
pessed .
1
Are these enforcernent rneaaures cornensurate with the aims and ebjects of
1

the resolution,or are they derigned to beeolne sanctio1sfor an unspecif ied
l
period? Bas the Council faken into aceount the adverle economic implications
I
of the resolutionfor the economiesof the neiphbouridg States? The drllft
l
l
resolutiom aoes not imply a solution to the problems of those couïitries. The

egeeriencis a£ the Gulf crisis was tbat certain States isuffered as a result of
I
the embargo aqainst Iraq, and continutd to suffer, and t:he measures taken by
!
the Councilunder Article 50 did net result in any notkworthy improvement of
I

the situationof those sountriesor an end to the haml inflistad on them.
I
Did the Couacil take knto accomt the humanitari9 needs of the Libpan

civilsaris when it considered and opted for these enforcementmeasures? In
l

this regard. we xarn against rurhing to adopt a resoiubionunder Chapter VI1

aqainst anothet Arab State with the aim of terrorizingits people, I
1 (Hr. AI-Hima. Iraq)

still sustaining it steadfastlyand patiently, on the Couacil to assess

Lairly and justly the ieriousnessof the implicaridns of tbese enforcement

rneasures for the fraternal Libpan people and not allow certain hegemonistic
I
I
members te dictate itç decisians. l
I
The Security Council, the organ responsible f07 the maintenanceof
I
internationalpeace and secutity, can be true to itbelf and fair to al1
l

parties in its resolutions and can truly be the =&sitory of the hopes of
I
all. It should not once more fa11 under the hegemony of one os two States
I
that want to impose their domestic laws on the inteknational comupity.

The PRESIDEMT (interpretation£rom Spanish): X thank tne

l
representativeof Iraq for hiç kind words addressed ito me.
l
The next speaker is the representativeof uqanda, 1 invite him to take a
l
place at the Conncil table and to rnake his statement.
I

Mr. KARUKUBIRQ iumnAIRWTRE (Qganda): Let lm start by congratulating

pu, Sir, upon pour accessionto the presidencpof &e Seeusity Couneil for

this month. Ugamda has full eonfidence in yout ability and diplomatie skills
I
in guiding the work of îhis body to a successful coqclusion.

~e a1.0 rish to tbaii~ pur predesessor. the PeAaneat Eepreéentative of
I
the United States, Ambassader Thomas Pickering, for presiding over the work of
1
the Council during the past month,

This being the first time we have spoken in the(delibrations of the

Couacil since the beginning of the pear, ue take this opportunityto
1
congratulate Mr, Boutros Boutros-Ghali an his electiori as Secretary-Generakof

I
the United Nations. We alsa pay OU= tributeto Mr. ~eres de Cuellar for his

enornouscontribution to the workof this ~rganizati&a in the last 10 pars.
l
We also wish to take tùis opportunity to welcomé al1 the ne* members ta
II

tbe Security Courtcil and wish them sueeessfuldelibekotiolsduring their (Mr. Karukubiro Rarnunanwire,
Uaanda)

tenure. Let me also take thir opportirnity to express our appreciation to

those members *se term egpired at the end of last year for their

contribution.

As we juin in participating in this debate, we wish to start by

expressingour sfncereand deepest condolencesto the families and relatives

of the vietlms of the fateful Pan American flight 103 and UTA flight 372.

Uganda was particularlydeeply grievsd by the loss of

Professor Brian Ln~glands,a British national who for over 30 years had headed

the geography department at MakerereUniversity. He was killed in the safety

and security of his house by debris from the fateful Pan bmerican flight 103

at Lockerbie.

Uganda condemnsal1 acts of terrorism, includinghijackingand

skyjacking, by whomsoeverthey are perpetraeed. Aecordinglp, Uganda condemas

the Lockerbie incident involvingtbe bombingof the FailAmericanflight and

that of the French plane and expresses condolences to the bereaved familiesof

the victims. We condema the culptfts, whosoever they may be, aad believe that

they should be brought to justice.

We would prsfer the issus to be resolved peacefullp in accordancewith

our belief in the peaceful resolution of internationalconfliets. This being

the case, we welcomedas a positive step this issue" being brought before the

International Court of Justice, Therefore, we appeal to al1 the parties to

this confliet to followthis path, We alao appeal to the parties to show

understanding and cooperatefully with the proceedings cifthe International

Court, includingbeing ready to make availableal1 relevantinformation to

verify the case. 1
(Mx.;Karukubiro Kamunanuire,
Uaanda)
i
Equallg important. ue wish to welcome the steds taken by bath parties to
I
get the United Nations involved and seized of the matter. Hence it is perhaps
I
I
necessaryand indeed irnperative that the Becretary 7General of the United
,I
Nations sh'ould continue to play a major pivotal roXelthrough his good offices
I
to get to ehe boftom of the problemand to ensure 4ts peaceful resolution.

It is thvs our sincere hope that any decision.' to entergo rom this debate
l
would qive the Secretary-General the neeessarymeans to achieve that objective

I
in an amicable manner. We thereforeurge al2 concerned to lend hin

the nacessarg support and to take min course of aision.

The international eommunity should show unde tsianding for those count riea
i
that have significant bilateral eeonomicrelations kith Libya, in accordance
l
vith Article 50 on the speeiel economic probltns arising from the carrying out

of measurea envisaged in 1
the draft resolutionnow befoIe the Couneil, for such

eountries map not be in a position to implementthe draft resolution fully.

The PRESIDENT (interpretation fm Spanis&) : 1 thank
l I
Ambassador Karukubiro Kmunanwire of Ugando for hislkind words addresaed to me.

I should iike ro inform the Council that I havi received a letter dated rn
l
31 March 1992 from the Permanent Reptesentativeof krocco to the United
I I

Nations,which reads as follom : I
1 I
"1 have the honour to requestthat the ~ecurit~ Councilextend an
1
invitationto His Exceflenep Mr. ahmet Engin hsay, Permament Observer of
I m
the Organizationof the IslamicConference to the United Nations, to
l
addressthe Council under rule 39 of its provisional rules of procedure I
l
in the course of the Council 't consideration of1the item on Libya
8

currently OP its agenda, " (The President )

That letter will be published as a document of the Security Council under the

symbol S123764. If 1 hear no objection, 1 shall take it that the Council

agrees to extend an invitationunder rule 39 to His Excellency

Mr .Ahmet Engin Ansay. - .-- .

There being no objection, it is so deeided.

1 invite His Excellency Mt. Ansay to take a place at the Çouncil table

and to make his statement.

Mr. ANSAY: Thank you, Mr. President,for giving me the opportunity

to address ais body for the second time this month.

The Organization of the Islamic Conference (DIC) has been following with

increasiagconcern the accentuation of the crisis resulting £rom allegations

implicatingLfbya in the explosion of Pan AM and UtFA flights over Lockerbie

and Biger, respeztively.

Those concernswere conveyed,through Pour Excellency, to the memberç of

the Security Council by myself and by ambassadorAbdourahamaneHama, the

Special Envoy of His Excellency Dr. Harnid Algabid, Secretary-Generalof the

OIÇ, who visited New York earlier this ,month. 1 am indeed grateful ta you for

reeeivingthe Special Envoy and for your deep understanding of the OIC's point

of view regarding thiç matter.

As was explained bp the Special Envoy and by the previous letters of the

Secretary-Generalof the 011, the Organization of the Islamic Conference has

always vigorously denouneed aets of international terrorism and remains firmly

comrnitted to wcirking for the eliminationof this phenornenon in al2 its forms

and, in particular* to easure the safety of internationalcivil aviation, The

Sixth Islamic Surmnitheld last Decemberat Dakar reaffirmed the unflincbiag1 de termination of the States memhers of cur Organi&ion to cooperate since rely

to this effect with the internationalcommunityin,respect of international

legali ty. l
I
i
In this regard the Sixth Islamic Sununit at DaFar noted with satisfaction

the confinnationby Libya of itr danunciationand =ondentnation of terrorisn as
l
well as its full preparedness to coopetate with a Lieu to eradicatingthis

The Summit reaffirmed its full solidarit+ 1 witù Libya and called for
scourge.
1
averting apy economie or military action againsr it. I
l
In order to help to clarify the situationto the satisfaction of al1
1
concerned, we have ben in toueh wita the Libyaa ahhoriteis at the highest
I
I
level. The Goverment of Libya has not only givenlitsfirm assusailces to

cooperatein the matter but has also taken steps ibIthis direction. Ln
I
addition to institwting legal procedures of its O?, it bas demonstratedits

readiaess to cooperate with the judleial authoritiksof the United Kingdom and
I
1
the United States with B view to establishing the facts in an objective and
l
impartial manner . I
l
mreover. the Goverment of Libya bas respondddpositively to al1

I
initiatives for finding a just and peaceful solutionI to ais issue. Several
l
countriesand international organizations have urge,dthe Governments of the
1
United States, the United Kingdomand France to ex<rcisereatraint and to
I
esehew a conf rontational course, which coula serlo4slyimpinge upon the peace

l
and securityof the region, 1
l
fa view of the above, we were confident that qtis c~isiseouldbe

resolved peaeefully vithout arryresort to paoitive actions or masures against

Libya. We are deeply concerned about the prospects/ of the SecurityCouncilns

consideringactionagainit Libga under ChapterVI1 bf the Charter. We
Iunderstand that the draft resolution presented by scme permanent members is

seeking to impose sanctions and an air embargo against Libya. That, indeed,

besides being unjustifiable given Libya's readiness to cooperate, would

certaialy be construed by many as a high-handed approach.

I feel it my duty to convey to the memhers of the Councilour concerns

about the imposition of sanctionsagainst Libya, We are çonviaeed that such a

course af action will not help resolve the issue but will unfortunately and

uselessiy increase tension among rnembers of the international community.

Our sentiments of deep sympathy and compassion for the families of the

innocentvictimsof the trùgic explosionof the Fan Am and UTA flights are

still vexy fresh and very much valid. But equally valid are our feelings of

solidarity and compassian with Libya and its people in the face of these

disquieting prospects.

Those coneerns I am conveping to the Council are of those millions and

millions of Muslims around the world who are, in this holy month of Ramadan,

praying for peaee, love and justice for al1 peoples and nations, We firmly

believe that this issuecould indeed be resolved peaceflly on the basis of

respect for international legality.

mile resterathg tbe prineipled position aqainst tesrorism of the

Organization of the Islamic Conference, f would like to express the hope that

the Council will proceed in the matter with due care and not impose any

sanctions or embargo againstLibya, especiallysince the latter is prepared to

cooperate with the Couneil.

The PRESIDENT(interpretation from Spanish): It is my understanding

that the Council is ready to proceed to the vote on the draft resolution

before it. If 1 hear any objections, 1 shall take it that that is the case. (-1

We joined the outcry of the comunity of nations in condemning these two

terrorist-inducedaccidentsand urged al1 those that have been enqaged in this

kind of macabre activity to discontinue it immediately and to abide by the

basic eivilizedrules of human behaviour. We once again express our dsepest
-
feelingsof sorrow for the vietims' family raembers.

Last January, when the Councilbiscussedthis matter, my delegation voted

in favour of resolution 731 (1992) ta signify itç fim coademnatioaof

terrorism. Today, we are about to adopt a draft resolution on sanctions

against Libya. The draft resolutionposes some difflcultiesfor us.

Pirçt, while we stronglybelieve that the individuals who perpetrated the

horrible crimes that caused the tragic accidentsof Pan Amerieaa flight 103

and UTA flight 772 should be brought to justice and punished accordingly, we

believe that the noms of international law have to be ahided by. We believe

it t6 be verg important that the judieial body of this Organization - the

InternationalCourt of Justice - have a role to play whenever a legal issue is

at srake, as mentioned in paragraph 3 of Article 36 of the Charter. It wculd

be more appropriate if the Council were to act after the International Court

of Justice - which is now seized of this matter - had deeided on what is the

applicable law, if any, as to the issue of jurlsdiction. Purthemore, and

more importantly, as 1 earplaiaed in the process of the adoption of resolution

731 (1992) last January, the Constitution of Cape Verde does not allow the

extradition of our oam nationals. Thetefore,it becomes difficalt for us to

endorse masures taat could rua counter to that constitutional principle of

ours.

Secondly, we are of the view that sanctionsare a measure that the

Council should adopt only as a last resort, and that before sanctions are

contemplated and decided upon, the Council, in confomity with the United (Mr. Jesus, Cave Verde)
1
Mations Charter, should endeavour to exhaust al1 possibilities for a

negotiated peaceful solution. In the carrent caselivre believe that had we had
l
more time a aegotiated solution might have been worled out for the surrendes

of the two individuals.

i
FOI those reasons, ue shall abstain in the vaking on thir draft
I
resolution. We reiterate our strong condemation 04 al1 acts of international
I
terrorism and express our willinpess to se@ the perpetrators of such crimes

I
put on trial and punished in accordance nktb the law.
1
Mr. AYALA LASSO (Ecuador 1 (interpretation from Spanish) : On
l
1
21 January this year, the Security Council unanimously adopted reçolution
l
731 (1992). in which it urged the Governmentof Libya imediately to provide a
1
full and effective response to the requeçts made by , the United Kingdom

and the United States of America with a vier to detemining responsibility for
l
the terrorist acts againçt Pa Ameriean flight 103 +d UTA flight 772,
l
At its meeting of 31 Janwry last, the SecurityCouncil, with the
l

participation of the Heads of State and Government of its members,expressed
l
its deep concern over acts of international terrorigm and emphasized the need
l
for the international conmiunity to deal effectively with al1 svch acts.
1

Rerolution 73 1 (1992) included -mg its operadiveparagraphsa specific

paragraph by virtue of rhich the Secretary-General is requestedto seek the

cooperation of the Libyan Goverment fo provide a f$II and effective response

to the requests made by France, the United Kingdom &d the United States. In
1
cornpliance with that provision, the secretary-~eneral sent a number of

missions to Libya and took steps whase results wete /report& to the Security

Council.JB/13 Ç/PV.3063
48

((rEeuador)

The non-aligned countries have proposed many initiatives since the

beginning of the year with a view to faeilitating a negatiated solution to

this grave and compkex problem. We have fouad many difficulties on out path,

bue they have not weakened our.xesolve to obtaia apprapriate implementation of

resolution 731 (1992) so that the Councilvould not be compelledto adopt

further measures in thiç respect. Onfortunate3y, aeither resolution

731 (1992), nor the statement of the Beads of State and Goverment adopted on

31 January, nor the diligent steps taken by the Secretary-General in

implementationof paragraph 4 of that resolution,nor the tireless efforts of

the members of the Non-AlignedMovement have thus far proqted Libya to cornply

with the requests made to it in resolution 731 (1992).

The draft resolutionwhich the Council is consideringcod~titutesstrong

pressure on Libya but, at the same time, a further opportunity for it to

comply with resolution 731 (1992). If that should happen before 15 April, it

is obvious that there would be no need to apply the sanctions provided for in

the draft resolutioa. Ta this respect* Ecuadot makeç a speeial, friendly

appeal to Libya to coopesatewith the SecurityCouncil in clear and

unequivocal terms, That would avoid the application of the measures provided

for in paragraph 3 of the draft resolution.

I wish to inform the Security Couecil that on 27 Mareh the Miaiaters of

Foreign kffairs of the Ria Eroup, meeting in Buenos Aires. reiterated their

firm and unanimousrepudiatioaof terrorismfrom whatever source and described

terrorism as an unacceptable means of politicalexpressionand as a factor

conspiringagainst world peace and stability.

Ecuadorhopes that all cauntries,in the face cf the challengesposed by

profoundchanges in the internationalscene~ vil1 contribute to laying the

foundationsof a new order in which violence anclcoercionwill disappear: M. Avala Lasso. Eeuador)
l
human rights and the rightç of States are respectes; we can live in an

atmosphere of peace and seeurlty: cooperati~n betweea peoples and nations can

flourish; and widespread progress is ensured thrauqh freedom and democracy.

My delaqation uill vote in accordance xith the/princigles that ve have

just expressed.

M m (Zimbabwe) : Zimbabwe GO e-s in the strongest

terms terrorism in al1 its forms, We are fully awake of the pain, the

I
sufferingand the carnage that it wreaks, and it isl our belief that no cause
I
or objective can ever justify it. Members of the internationalcommunity must
l
stand shoulder to shoulder in ensuring the eradicatbonof tesrorism, which is

I
a threat to international peace and security. ~imbkbwe waç particvlarly
l
outragea at the tragie and needless loss of innocent lives that resulted from

the terrorist bombings of Pan Amezi~an flight 203 &I UTA flight 772.EF114 S/PV.3063
51

(Mr, Mumbenaeswi, Zimbabwe)

We wish to see those responsible brought to book. In explaining its vote

before this Council two months ago, my delegationstated that resolution

731 (1992) sought to achieve twa main objectives: to send a clearmessage

Chat the internationalcommunity ks determined to deal firmly with terrorism,

and tu ensure that the perpetrators of the Pan Am and UTA bombings are brought

ta justice.

Zimbabwe and other non-aligned members of the Council, at the time

resolution 331 (1992) was adopted,insisted that the Secretary-Generalbe

given a clear role in seeking a peaceful, diplomatiesolution to the dispute

between Libya and three members of the Corncil. ft was Zimbabwets

undesstandingthen that any further Council action an this matter would be

guided by a report £rom the Secretary-General. That report is before us

today, My Government has çtudied it very carefully and has taken particular

note of its conclusions. mile the Secretary-Generalcould mot report

unequivocal success in his efforts to seek the cooperation of Libya in

responding to the sequests by three members of this Couneil, he has concluded

that there has been a certain evolution of the position of the Government of

Libya, and has aüvised that the Security Council should take this development

into consideration in its further deliberationson the issue, We commend the

Secretary-General for bis report, for hia efforts to resolve this crisiç and

for his advice.

Zimbabweis on record as baving consistentlymaintained that* as required

by the Charter, al1 Security Couacil resolutioas are bindiag and must be

compliedukth. The Council is nou about to decide on a draft resolution

imposingcertain meaçures on Libya under Chapter VfI of the Charter, From the

time this dsaft was first çirculated, we have been carefullp considering the (Mr, Murnbenaeowi, Zimbabwe )
I
two bodies to complement each other's efforts rather than proeeed in a manner

that coula produce eontradictory results.
I

By taking the Chapter VI1 route while this case is still pending before
I
the world Court, the Security Council is risking a major institutional

crisis. Such an institutional crisis, which ks çlearly avoidable, would not

only undermine the prestige,credibility and integrity of the entire

Organisation but would also Sap international confidencein the Security

Council's capacity to execute, in a juüicious and objective n-er, its

mandate as providedfor in the Charter. We are convineedthat it would bave

been in the best interests of institutional tidiness for the Security Council

to await the outcome of the judicialproceedingsat the International Court of

Justice.

Zimbabwe attaches great importance to the tule of law in relations

between States. As the body entrusted with the primarp respansibility for the

maintenance of internationalpeace and security, the Council mst attach due

importance to international lm, includingintetnatioaalconventions. Zn

explainiagits vote at the time of the adoption of resolution 731 (1992),

Zimbabwe stressed the relevance of the 1972 Montreal Convention to the matter

before us. Libya and the three Couacil members involved are al1 parties to

the Montreal Conventionfor the Suppressiona£ Unlawful Acts against the

Safety of Civil Aviation. Trïoof the Council members and Libpa recogaize the

cornpetence of the International Court of Justice unaer the tsrms of article 14

of that Convention ta arbitrate in any matter conceraing the interprstation or

applicationof the Convention, as in the present case. For that reason, it is

our view that the Council'sdeliberatioas could have benefited frorn the

Court 's pronouncemeat . 1 (Mr. Mumbenqeqwi. Zimbabwe)

i
'Finally, this 15-meraber Councilacts on beha/lf of a total of 175 States
l
Yenbers of the United Nations. This neans tha+ 460 States have placed tbeir
I
security, and possibly their very çurvival, in a;e haPds of the 15. This is a
I

sole- and heavy reîponsibility that eaeh and ev{ry membsr of Che Council. .
I
carries. It is therefore of crucial importance eat every decision taken by
1
the Security Council be able to withstand the ca~eful scrutiny of the

160 Member States an rhore behali the Council is lerpected +O act. This is

only possible if the Council insists on being gu:ded in its decisions and
1
actions by the Charter and other internationalcdnventions. Any approach that
I
assumes that international lav is creeted bp maj{rity votes in the Security
I

Couacil is bound to have far-reachingramificatidnsrhich could cause

irrepatable barn to the eredibilityand prestige of the Brganization, with

aire consequencesfor a stable and peaceful world lorder.BCT Jcw

Mr. GKAREKFIAN (India): At the tirneof the adoption of resolution

731 (1992), I had the occasion to underscore, in unambiguous terms, India's

strong con&emnation and abhorrence of afl foms of terroriçm, particularly

internationalterrorisrn, and State-sponsored or State-supported terrorism in

al1 its varieties. This dictated our support for resolution 731 (1992).

India has been a victirn of such terrorism and is second to none in wanting it

elimiaated. We are fully eommitted to the struggle of the international

conmiunity against this menace.

In my explmation of vote on resolution 731 (1992), 1 errpressed the view

tbat that:resolution threw up complex and important questions warraating

careful attention. Developmentssince then, in the course of efforts

undertaken for its implementation,have vindicated that assessment. If

anything, the issues involvedmay well become, by the adoption of the present

draft resolutioa, even more complex.

My delegation and other non-alignedmembers of the Council actively

encouraged and welcomed the incorporationin resolution 731 (1992) of its

paragraph 4, throughwhich the prestige ami resources of the Seeretary-General

were called upon in the cause of peace. My delegation would like to place on

record its deep appreciationto the Secretary-Generalfor his efforts in the

desired direction, as well as for his readiaessto extend his good offices

further. We should also like to aeknowledge tbe endeavours made by the League

of Arab States, at a high level, in trying to prornote a peaceful solution.

The non-alignedcaucusin the Council,of vrhich India has the honour of being

the coordinator for this rnonth, spared no effort to bring about a aegotiated

peaceful solution.

These efforts have not been entirely in vain. As has been brought out in

the Secretary-General's report of 3 March, I
, (Mr. Gharekhan, India) I
l
"there has been a certain evolutionin the position ... [and] the
i m
SecurityCouncil may wish to consider this in;deciding on its future
I
course of action". {S/23672, para. 6)
m
MY delegatio~ is of the opinion that the Council'sisubstantive actions should
l
1
take into account the considered judgement of the Seeretary-General,

particularlp on issues rith broader or global impllcations.as also the B

general consensus of the nernberihipof the United bation.. ' 1 believe rhat it
I
is important, indeed essential,for Uie çecurityciuncilto tare into account
I
the prevailingsentiment among the membershipas alwholeof Our.Organizatioa
l 8
while taking sucb. errtremelysignificantdecisions,

Since the Secretary-General's report was issued, there have been
I
I
developments, by way of furtberevolutionin the situation, which suggest that R

more time and patience in the pursuitof the curreht multidirectionaicf forts
1
could have yielded better results. In our view, de gsavity of the issues and
I
of their implications, foreseen and unforeseen, wakrant that no stone be left
I
unturned in ouf quest for a solution that, on the *ne ha, upholds and
1
reinforces goodwill, peace and cooperatiod5n izite=natianal affairs and, on

the other, firmlp serves to deter terrorisrn of oll'kiads.
I
A eonnectedand importantaspect is the definition of the eircumstanees

l
under which the aanctioaseitherwrould not came indo 1 force at all or would be

lifted. The non-alignedneinbers of the Couacil, ai indeed several other

delegations,esploredrith the corponsorsthe inje4ti.n of more precision into

the relevantparapraphs. The cosponsorsshowed reddiness fo xork rith us in

ais respect. TO our regret,however,it vas not dosribieto remove the

vaguene.. Irom the drift resolutfonon this partic?lar point.

I (Mr. Gharekhan, India)

In the present case, the judicialprocessBas not yet rua its full

course. Because of the far-reachingpotential of thks case, the considered

opinion of the International Court of Justice on the legol aspects of the

issues involved can only serve the cause of internationallaw and peace. A

little delay on that account in the SecurityCouneil's moving on to the next

stage of its action would. therefore. have merited positive consideratiori. It

should be feasible for these two principal orgaus of the United Mations to

function in tandem in a manaer so as to reinforce and enhance eaeh other's

efficacy and prestige in the cause of internatibnal peace and security,

Article 50 of the Charter is intended as the ackoowledgementof the

Council'srespoasibilityto alleviate specialproblems a£ third countties

arising from their faithfullgcasrying out enforcemat masures under

Chapter VII. My delegationhas reiterated this concernin the past and finds

it necessaryagain to underscore the impertanceof this provision. ln the

light: of past experieace, ve would have corrsideted it essential that today's

draft resolutioninclude a clsarer aeknaisrledgemeatof this responsibility on

the part of the SecuritpCouacil,vith a cornitmentto take eoncrete,

practical and effective masures to adaress urge~tkp al1 such problerns brought

to its notice.

Let me reiterate here that Indiawill continueto strive, even at this

stage, togetherwith the non-alignedana other delegations,as indeed with the

cosponsors, for the promotion of ad early,negotlated solution to the

political issues being addressed in the draft resolution.
My delegation is

convincedthat the the available betweennow and 15 Apsilmust be fully

utilized for this putpose. My delegationunderstands and supports the primary

objectiveof the cospoasors - namely, to serve am unambiguousnotice on al1 (Mr. Gharekhan, India)

those engaged in acts of terrorism, airectly or through material, political or

moral assistance to terroriçts, of the determination of the international

comuaity to combat terrorism and eradiçate it from our rnidst. We have sorne

differences with the coçponsors about the rnethods bd means sugqested at this

stage but not with their motivation, as 1 have just mentioned.

For the reasonsI have just explained, my deleqation wiI.1 abstain in the

voting on the draft resolution contained in document 5/23762.
1
Mr . LI Daon <China) (interpretationf rom Chinese ) : Since the

adoptionof resolution 731 (1992) by the SecurityOouncil, the United Nations

Secretary-General,the Maghreb countries, the League of Arab States and sorne
I
non-aligaed coutries have worked tirelessly to çeek, through aegotiations, a

solution to the incidents of the bombing of Pan Ameriean flight 103 and UTA

flight 772. We wish to express out appreciatioa and thants for their

efforts. The InternationalCourt of Justice has reeently held heariags on

this issue, which uridoubtedly will help clarify facts and ascertain the

truth through investigations.

The Chinese Governmentalways resolutely oppokes and strongly condemns

al1 foms of terrorism. We have on mnny occasions strongly çondemned the

terrorist activities in the incidents to which 1 have referred and egeressed

our deep sympathy for the victims and their familids. Chinar like other

countries,believes that due punishment should be meted out to terrorists.

However, we also believe that the punishmentof teirorism shouid be based on

conclusiveevideneeand conform to international law and the relevant

internationalconventions. China is in favourof conductinqserious,
l

thorough, fair and objective investigationsof the bombing incidents, in (Mr. Li Daon, China)

accordance with the United Nations Charter and the relevant principles of

international lew. And we agree that those convicted criminals should be duly

punished. We stand for settling internationaldisputes through peaceful

consultations and support the continuationby the Secretary-General and other

parties concerned of their good offices on this issue. (Mr. Snuussi, Marocco)

In that way and out of a coneern for legalitp, rny country worked within

the non-aligned caucus to highlight the role of the Secretarp-General and to

ensure that resolution 731 (19921 rould be implernented with strict cornpliance

with internationallaw. That is why we conçciously sought to strengthen the

role of the Secretary-General in this endeavour, in the knowledge that

relations between Libya and the three other countriesconeerned were of a

nature not conduciveto easy implemeatation of the resolution, a resolution

that both served as a warning and aimed at turning the page on an unfortunate

chapter of biçtory.

Despite its many and varied activities, the Secuïity Council was not

inactive on this front. In accordancewith resolution 731 (1992), each of its

rnembers helped in the search for a solution.

On the strength of Our long-standingfriendshipwith the three sponsors

of the resolution and with the Libyan people, my country for its part dia its

best to avoid the situation in which we find ourselves today. We had every

hope thae we coula dissuade the sponsorsfrom pursuing this procedure, just as

we tried to convince the other party to cooperate fully in the implementation

of resolution 731 (1992).

The League of Arab States made enormous efforts to promote a solution

respcetful of the spirit and the letter of the Charter, Tbrough yesterday it

tried in a constructive and positive spirit to close the gap between the

Security Council and Libya. In that spirit, it focused its efforts on seeking

a middle ground between the divergent positions. Today we are no less eager

to continue Our orcirk at al1 levels, both with the Seeuritg Council and its

President and with the Secretary-Gcnexai. The League of Arab States intends (Mr. Snoussi, Moroceo)

to keep trying to persuade Libya to comply fully with resolution 731 (1992),

and to persevere in its efforts to create conditions conducive to the eomplete

implernentation of that resolution.

While we have not yet succeeded in producing the elements that would be

acceptable to 311, everpone understands the point of and the reasons for our

persistenee. Since, like Libya, we belong to the Arab Maghreb Union, to

Africa and to the Arab and Islamic world, we bear a fraternal duty. That duty

obliges us to use everp meaas to avoid the worst: to avoid the deterioration

of the situation and the establishmentof tensions and a laek of understanding

that would last for a long time to corne.

The long-standingand rery solid relations that liak us to the three
l
l countties concernedobl iqe us to counsel greatcr moderation and patience.

Our duty to the Seeurity Couneilobliges us to undertake tireless action

to belp the Council continueits quest, first and foremost, to resolve the

arorld's problems througb conciliation,dialogue and diplomatie means.

l
Motocco was amsag the initiators of khe many initiatives and contacts to

aehieve an honourahle solution to this problern, and it has continued to join
l
in those endeavours; we have decided today to give a irselves another chance by

abstakning in the vote on the draft resolution befor t the Council.

By that position we man to stress that we cann rt and will not serve both

as judge and as a factor for rapprochementamong the various points of view

which for the moment are
so divergent. My country w mts. also to show that it

has not given up hope tbat we ean use the coming day i to continue to workEMS/ 16 5lP9.3063

(-1

tirelesslp, as we have for two maths, both through direct contacts and within

the frarnework of the Arab Maghreb Union and the League of Atab States, to

achieve a solution acceptable to all.

As we have reiterated so often, Moroccb has always coademned

international terrorism. That is arhy we did not hesitate to associate

ourselves unreservedlywith resolution 731 (1992). None the less, we are

entitled to repeat our concern thpt the krab world may soon experience another

trauma, the second in less than two years. That is why £rom today we shall

resume ous tireless efforts to persuade our Libyan btothers to take every step

neeessary to avoid sanctions.

Once more 1 cal1 the attention of the sponsors of the draft resolution to

Chapter PZ of the Charter and its Article 33. There remains every reason for

hope. On the very eve of today'smeeting. certain positive results wre

nearly achieved, for we were convineed that the three countriesconcerned

sought nothing other thaa a peaeefuldiplomatiesolution, and ue truly

uaderstoodthat Libya was ready to provide guarantees both of its position

againstinternationalterrrorism and of ita full çooperation.

Unfortunately, we dia not have enough time: time to put to the test al1

that gaod will and that sincere desire to work for peace and hamony. The

magnitude of the situationdeserved mat. Morocco therefore still feels

justified in ealling upon al1 the members of the Çouncil to join in tais

endeavour of good wkll,whieh cannot fail ultimately ta benefit the entire

internationalcommunity. The PRESIDENT (interpretation from SpaniSI): I nov put to the vote
I
the draft resolution contained in document S/2376Z1
i
g* l
I
In favour: Austria, Belgium, Ecuador, France, Hungary, Japan, Russian

Fedesatioa, United Ringdom of ~réat Sritain and Nortbern
l
Irelana, United States of America, Venezuela
l

-q: Cape Verde, China, India, Morocco,IZimbabwe
I
The PRESIDENT {interpretationfmm Spanish): The result of the
1
voting is as follows: 10 votes in favour, none against and 5 abstentions.
l

The draft resolution bas been adopted as resolutie 748 (1992).

I now cal1 on those rnembers of the Council wh wish to make statements

f01 lowing the vo ting . SfPY.3063
66

Mr. PICKERING (United States of America): Over four months ago my

Government, along with those of France and of the United Kiaqdom, provided the

Security Council with evidenee implicatingthe Government of Libya in the

wanton destruction of two civilian airliners. This act resulted in the

cola-blooded murder of 441 innocent civiliaas ftom over 30 countries. For

Libya this act was no anomaly,but unfortunately part of a long, well-known

history of support for terrorism and efforts to destabilise other

Governments.

The evidence revealingLibpa's involvement in these acts of terrorism

indicates a serious breach fiofinternationalpeace and security. ft fully

justifies the adoption by this Council of rneasures pursuant to Chapter VI1 of

the United Nations Charter.

We have called upon Libya to comply with the fous requests included in

resolution 731 (1992): turn over the two suspects in the bombing of

Pan Am 103 for trial in either the Bnited States or the United Kingdom and

meet the demands of French justice:disclose al1 it knows about the bombings

of Pan Am 103 and UTA flight 772; take concrete steps to cease its support for

terrorism; and pay appropriate compensation.

Over two months ago this Couacil,acting on behalf of the international

community, uilanirnously urged the Libyan Government to provide a full and

effective reçponse to the four demands. This resolution also rnakes clear the

Council'ç decision that Libya should comply with those demands. As we saaly

know, aïl efforts by the Secretary-General, the League of Ar& States and

inàeed many others to bring about Libya's cornpliance have been blocked by

Libpa's continuing refusal to cooperate with the speeificrequests made in

resolution 731 (1992). ( M l 1
1
The Çecurity Council has now acted upon the 4anctions resalution before
i

us. The action we have taken iç indeed most sign$ icant. At issue here is
1
whether the international community is prepared toj back up its own words with
I
action and to demonstrate that it will protect itsklf against a State that
I

engages in terrorisrn. The means ehosen in this re!lolution are appropriate;

these sanctions are rneasured, precise and limitedel They are a multilateral,
i
non-violent and peaceful response to violent and bfutal acts. They are the
l
response prescribed in tbe Charter as the appropriate next step for dealing

xith a threat to international peace and security. 1 They are tailorecl to fit
I
the offence - Eibya's wanton and criminal destructi1n of civilian aviation -
I
and deaigned to penalize the Government of Libya, not its neighbours or any

otber State. 1
l
By severingLibya's air links, bp imposing an/embargo on rnilitary

matériel,by requiring military advisers,technicians and specialists to be
! B
withdrawn, and by restricting Libyan diplomats and; other officials around Uie
I
rn
world, who have ço often abused their status, the international community is
I
sending two çlear signals: first, that it will not tolerate such threats to
I B
international peaee and security: aad, secondly, that it is prepar-d to take
I
concerted political action against the continuing defiance of international

obligations and norms of behaviour representedby tihys *s State-supported

terrorisrn. That message is the surestguorantee tdat the United Nations
I
Security Council. using its specific,unique pwer! under the Charter. xi11
1

preserve the rule of lav and eniure the peaceful risolution of Uireats ho
l
international peace and security,now ami in the future.
I
I
I ( M g )

It is aa important message. Tt 2s a message that we must al1 hope Libyo

will take quickly to heart by eomplyingwith resolution 731 (1992) and

honouringits obligation to foreign nationals in Libya. If it does sa now it

will bring this chapter to an end quickly. The pause in the implernentation of

the sanctionsuntil 15 April qiveç Libya the opportunity to do thia. The

ehoieeis now cleaslyand itaavoidably up to Libya.

Sir David HANlJAY(United Kingdom): Ten weeks ago, on 21 January.

the Security Council adopted resolution731 (1992), in wbich it urged the

Libyan Govermelit to eomply with the requestsof France. the United Kingdom

and the United States as set out in documentsbefore the Cowicil, Tea weeks

have passed, and ths Libyan Goverment has taken no serious step towards

conpliance with these requests. It is now some four months sinee the reguests

were firit made, and Libpa continues to prevarieate, to seek by any maas to

@vade its respunsibiiities and to impede action by this Couneil.

One of Libya" suggestionsin reeent days bas ben that cornpliancevith

the requests in resolution 731 (1992) should amit the cutcome of the

procesdings instituted by Libya in the International Court of Justice. As the

Waited aimgdom representative stated to the Court, we belisve that Libya's

application,vhile purportinq to enjoin action by the United Kingdm against

Lib~a, is in fact directsd at interferingwith the errercise by the Security

Councilof its rightful functions and pterogatives under the United Nations

Cbarter. We considerthat the SecurityCounoilis Eully eatitled tc concern

itself with issuesof terrorism anà the measures needed tu address acts of

terrorism in any partieular case or to prevent it in the future, Any other

vfew muid underminethe primary responsibilityfor the maintenanceof l

l (Sir DavidHamav,
1 United Kinudorn)

international peaee and security conferred on the Ceuncil by Article 24 of the

Charter. It vould thus serioualyweaken the m ou n ibil'ify to maintain
1
peaee and seeurity in future circumstances vhich kre unforeseen and
I
unioreseeable .
l
1
My Goverment deeply appreciates the efforts,thathave been made by the

Secretary-Genetal and by nany Governments,pursuAt to Securlty Couacil
l
reçolution 731 (1992), to secure the Libyaa Goverhnt's cornpliance with that
i
resolution. We were especiaïly grateful to the Arab Ministers who -nt to
I
Tripoli last week to seek to persuade the Libyan leader to comply and hand

1
over the accased so that they could stand trial. 1he three CO-sponsors of the
1
resolutionhave taken the greatest car@ to alloatk1me for these efforts to
I
bear fruit. Rqrettably, it noii seems clear - frbrn the reportsof the
- I
Secretary-Geaeral, fram the outçome of the Arab Ministers'mission and from
1
recent staternents by the Libyan authorities - that, without furtheraction by
I
I
ais Council,Libpa has na intentionof complying!witlsesolution 731 (1992).

That is why we believe the Council now needs to take a further step. The
I 8
resolution we have adopted today is in our view alptoportionate and caref ully
I
measured response to the threat posed by the ~ib~h Goverment's actions in
I I
support of terrorism and its failure to erspondpdsitivelyto resollrtion

731 (1992). The sole objectiveof the sanctions impose& by this resolution is n

to secure cornpliance wiM paragraphs 1 and 2 ther&fe nie sanctions
8
i
themselvesare tailoredpreciselyto this objectiye. They are limited to
8
three preclse areas: aviation, arms and Libyan Goverment overseas offices

and officials. Given the tragic events mat are le inmediate baekgrouuû to
I I
the Issue before the Couneil - the destruction of (two aireraft in fllght, (Sir David Hannav,
United Kinqdom)

resulting in the deathç of 441 individuals of over 30 nationalities - it is

entirely appropriate to require that, until the Libyan autaorities have

complied with resolution 731 (1992), air links with tibya be cut. Equally,

qivea the nature of Libya's involvement with terrorisrn and the means it has

employed, it is entirely appropriate to impose the arrns ban and to require

action against Libyan Goverment ovetseasmissions, and especially Libyan Arab

Airlines offices.

We have held extensive consultationswith al1 the members of the Council,

and the resolution takes account of a nmhr of concerns that have been

raisea. For example,the exception for humanitarian flights has been designed

sa as to cover flights connected with the hadj. fSir David Bannav,
United Kinudom)

Referenceç have beea iacludedat the request of certainneighbouring
I
countries to the riqht of States enshrinea in Article 50 of the Charter to
l

consult the Council if they are eonfronted with sblciai economie problsrns.

The sanctions vil1 not be brought into force /until 15 April . This pause

xi13 ailor the for Lihpa to take steps that cou14 avoid the imposition of
I I

sanctionscompletely. We hop., even at this late!stage, that Libya xill aee

reason and will comply with the requests.

me review clause in paragraph 13 of the res~lution makes it clear that

I
the Coucil rail1 be ready to xespond positively iq the event of Libyan
I
compliance. 1 m~St emphasize the very great irnpo{taace nty Goverment attacher
i
to the requirementin patagraph 2 of the present $esolutiori, which has twa
l
elements: first, a definitive cornmitment by Libya ta cease all forms of

I
terroristaetivity and al1 assistance to terrorist groups and, seeondly,
l
prompt and concrete action by Libya to demonstrate!its renunckation of
I
terrorisn. Ali meinbers a€ the Cauncilrill, I am !sure, understand why. in the

case of Liwa, a simple verbal cornitment to renouace terrorism by itself is
l

net adequate. He Bave heard such staternents from Colonel Qaddafi in the past,

yet the Libpan authorities have, by their own adniksion, eontinued afterwards

to give direct assistance to terrorists, 1 would !recall slmply by way of

example the case in 1973 when the ship EIau5ia wasl selaed with a cargo of £ive

tons of arms destkned for the ProvisionalIRA, thel murder in 1984 of

polieewoman Yvonne Fletcher by a =hot fired frornthe Libyaa People's Bureau in
l
undon and the incident in ~ctober 1981 rhen the =hi pkaimd was intercapted

I
in the Bay of Biscay earryiag 110 tons of weapons and eg~losives destinet3 for

the ProvisionalXEA. l (Sir David Hannav,
United Kinqdom)

The threat of Libyan terrorism is thus not Eanciful; it is a reaïity.

1 And it is not only the three coutries that are sponsors of the resolution

that are liable ta suffer £rom it. As I have said, over 30 couatries had
8
nationals murdered in the Pan Am and UTA atrocities. Indeed, the whole world

8 has an interestin combatingterrorism. In the aqreed statement at the sunimit

meeting of the Couneil on 31 January the mentbers of the Çouncil egpressed, in
B
the contesctof their cornitmentto collective security, their deep coacern

over aets of internationalterrorism,and they emphasised

"the need for the internationalconmunity to deal effectively with all
8
such acts." (S/W.3046, W. 144)

! Terrorists often have as their objective the undermining of efforts, by

the United Nations and others, to seek peaceful solutions to international
I
disputes. They represent,in faet, one of the greatest threats to peace

8 aroupd the uorld, and tbat ineludes to peace in the Middle East. If

terrorists gain the upper hand, the rule of law and international peaee and
8
security are directly enhgered. By adopting this resolution the Security

1. Council has aeted in full conformity with its psimary responsibility for the

maintenance of international peace and security.
I
1 would just add one furtber point. The Libyan Goverment has

w obligations towards foreign naticmals living in Libya which it must meet.

This includes allowiag them freedom to leave if they so wish. We should
8
regard itwith the utntostseriousnessif these were any restraint on that

freedom.

In conclusion, 1 ernphasize onceagain that we do not want to impose
R
sanctions for their o*m sake. We had hoped they would not be aecessary. We

stillhope they will aot be aecessary, There is still the, before 15 bpril, (Sir David Bannav,
United Kinqdam)

for Colonel Qaddafi to take the steps repuired ta avoid the implementation of

sanctions. 1
I
Mr. MERIMEE (France)(interpretation frorpFrench): International
I
terroriin ir a .courge tbst poses a serious threat to international relations

and jeapardiaes the security of States. The Çecurity Council must combat al1
1
form. of Uiat scourge. Acts comnitted against inieenational civil aviation

are a partioularly heinous manifestationof it. 1
1
Pour hundred and forty-one victims from 30 couptries perished in two acts
l
of terrorim, one against Pan Am on 21 December 1988 and the other against OTA
I
oa 19 September 1989. My delegation's tIroughts t4day are with the victim and

their families. And it is against terr~rism with'regard to air transport that

the resclution we have just adopted is coneerned. 1
I
For moaths France, the United Kingdom and the United States have been
l
demaading that Libya, several of whose nationals areI the focuç of serious
r
allegatlanç,contribute in an effeetive m-er to itheprogress of justice. On

27 Maveer each of the three Goverments issued 4 conmupiquéaddressed to the
I
Lihpan authorities and containing speeif ie domands'vith regard to legal
I
procedures and demanding tbat they implement them without delay. 1n the
I
absence of any response £rom the Tripoli G~verrnen~, the course chosen by the
i
three countrieshas been that based oa the rule of1 law, namely, the Security
l
I
Cowrcil. I
I
On 21 Januarp the Councilunanfmouslp adoptcd Ia resolutioaurging the

Libpan autheritiesto provide a full and effective1 response to the requests
I
addressed to it to contribute to the dimination og internationalCerrorirrn.

That resolution ras not camplied vith. The rspeatkd efforts of the

Secrehary-General, of the Leapveof hab States and of Libya's neighbours have (Mr. Mérirnhe, France)

been met with delaying tactics. In order not to reverse itself, the Security

Council was therefore foresd to adopt new measures to bring Libya to face up

to its responsibilities. Tt has just done so bg adopting resolution 748

(1992), of whieh France is a sponsor.

The saactlons imposed by this resolution against Libya are balanced and

appropriate. They apply to three areas - arms, aviation and the personnel of

diplornatic and coasular missions - that can be used to support international

terrorism.

These are therefore seleetive and fittiag sanctions. They are not aimed

at the Libyan people, who are not responsiëlefor the actions of tbeir

leaders. Proof of tèis is the faet that, mindful of the importance of the

religiouspilgrimageto Mecca, the Councilwill provide the necessarp

authorizations for pilgrirns wishing to go to Mecca to be able te do so.

In conclusion, my delegation wisbes to stress that the reselution

proviaes the Libyan leaders with a final deadline. The sanctions enacted will

not enter into effect until 15 AprZ1. We bope that the Libyaa authorities

will nake proper use of that delay.

Mr. IIATAWO (Japan): Japan is opposed to terrorisrn in al1 its

forms. In an effort to clarify the facts surroundingthe dovming of Pan Am

flight 103 and üTA fliqht 772, one of whose victims was a Japanese national,

Japon has appealed repeateüly to the Libyan Government to cornply with Security

Council tesolution 731 (1992). .Many other Governmemtsand many other

international organisations, including Our Secretary-General and the League of
n
Arab States, have also tried to gain the cooperationof Libya. It is indeed

# regrettable mat despite those endeavoursLibya has ao far not ken able eo

provide a positive reapoase to the requests.
a At the time resolutioo 131 (1992) was adopted on 21 January it was

foreseen that the Security Council would be eompel/ed to take furthernisasures

I
if Lfbpa did mot comply with it. Unfortunately, the subsequent developmsnts
I
in the situation cal1 for the Couacil's adoption od a new resolution.
I
Japan 2s detennined to continueto work for t$e solution of the difficult
I
situationd for the elhination of international'terrorisn. Japan urges the

LibyapGoverment to comply fully with the present '~ecurit~ Council resolutioa
I
witbout much delay, possibly before 15 April. It As in the hop of gaining
i
that cornpliaricethat my delogationhaa supported de adoption of the
l
resolutioa. Mr. ERDOS (Hungasy) (interpretation£rom French): The crimes

açsociated with international terrorism and leading to the loss of countless

human lives throughout the wosld remainone of the most serious problems of

Our day. It is therefore only natural for the Security Couneil to deal with

them very seriously and with an acute sense of responsibility. Aecordingly,

our Council is examiniag the acts of terrorism eommitted against Pan Am and

UTA flights, because those acts constitute beyond any shadow of a doubt a

threat to international peace and security.

Today, as we consider for the second time the fate of tbese Pan Am and

UTA flights, we are compelled to note that, although over two months have

passeü since the adoption of Security Council resolutian 731 {1992), Libya has

yet to comply vith its provisions. This is al1 the more regrettable since the

United NationsSecretary-General, the League of Arab States and other

countries have spared no effort to promote and facilitate the irnplemeatation

of that resolution. Al1 of this casts doubt on the value of statements

expressing readiness to cooperatewith the Security Council and professions of

faith in the importanceof nationalcornitmentand international cooperation

in the struggle against terrorism.

Bearing in mind the vital significanee of the subject before us today, as
a
well as the credibility and authority of the United Nations, Hungary has felt

w
and continues to feel Chat the Security Council must take further measures to

ensure cornpliancewith its own resolutions.
I
He are far £rom pleased about the applicationunder ChapterVI1 of the

I Charter of sanctionsagainst a State Member of the United Nations, and eves

1 less so in the case of a countrywith vhich we have had fruitful relations of

eeonomic cooperation. That is why we hop that the tibyan Goverrunent will

m respond to the reqvests contained in Security Çouncil resolution 331 (1992) (Mr. Hohenfellner, Austria)

On 21 January 1992, on the occasion of the adoption of resolution

731 (1992), I called tbat resolution an important step in the internationally

coacerted action against the scourge of international terrorism, since it

urged Libya to contribute to this tas%. 1 should like on behalf of bustria to

comrnend al1 those who undertook efforts to bring about cornpliace by Libya

with its obligations, and in particularthe Secretary-Geaeral of the United

Nations, the League of Ar& States and various countriescf the region

concerned. Regrettably, Libya has still not irnplemented its obligations under

that resolution. Hence, we voted in favour of resolution 748 (1992).

This resolution imposes certain sanctions on Libya designed to bring

about Libyan cornpliancewith its obligations under resolution 731 (1992).

Sanctions are never a goal in themselves. They are not purtishment; they are

introduced in ordes ta make a certain member of the internationalcommunity

comply with its obligationsunder the Charter of the United Mations. My

country has always emphasized the importance of an adequate and balanced

relationship between the objectives, on the one hanû, aiidthe ways and means

to obtain these objectives,on the other.

C
Furthermore, it is evident that sanctions will have ta be lifted once

1 full implementation by.the country concerner3 of its obligations has beea

achieved. That is why Austria has always stressed the ~iecessity of
4
establishiag objectivecriteria for the provisioas on the terminationof

4 sanctions, In this eontext, 1 should like to araw attention in particular to

paragraphs 12 and 13 af resolution 748 (1992).
1
Paragraph 3 allovs another 15 days before the applicationof sanctions

1
against Libya takes place. We shovld like to reitesate our cal1 upon Libya to

use this time to fulfil its obligations.
I Mt. LOZINSKY (Russian Pederation) {interbretation from Russian) : As

l l
was already stated by the representative of the ~uIsiair Federation in the

SecurityCouncilwhen resolution 731 (1992) was adopted, Russia unequivocally
I I
and eategorically condenins international terrurismi which poses ap overt
I
thseat to our eoman seeurity, and believes that ail States should cooperate
l

in establishingresponsibilityfor the perpetration of terrorist aets.
I
Guided by the desire to ensurr conpliancewi+ resolution 731 (1992) -

rhich vas unanhuily adopted by the SecurityCoun=il - vithout resort to
I

en£orcement action, the Russian Federstion, togetheI rith many other States.

hes ben rryingfor tvo monthi nm to convince the! libyan autborities to heed

the xi11 of the international comunity. ~nfortunbtel~, these efforts.
l
including the good offices of the sesretary-0enerkp of the United Mations.

i
have not produced the desired results, l

Accordingly. the Çecurity Councilhad no alteknative but to adopt another

resolutionproviding for enforcement action to ensure cornpliance with the
l

resolutionit had previouslyadopted. Russia vas kompelledto proceed to this
1 i
solutionralthough this was not easy for us in view of our long-standing

friendly relations with Libya. SJPV.3063
81

IMr. tozinskv. Russian Pederation)

The Russian Government expects that Libya will take a realiçtic look at

the situation and decide to comply with the wishes of the world comuaity, and

that kt will put to good use the pause of goodwill established by the

resolution and implementthe Security Couneil resolution, in whieh case there

will no longer be aliy need to enact sanctions.

Mr. N0TEEU)AEME (Belglum) (interpxetation £rom French): TrPomonths

ago, Belgium voteü in favour of resolution 731 (1992). Our vote today is part

of the same logical pattern. Belgium has always condemned international

terrorism in al1 its forms, whateves the attempts made to justify kt. It

therefore iatends tu give strong, constarit support to al1 the efforts

undertaken by the international comunity to combat tbe scourge of

international tetrorisrn, ft is within îhis context, and this context ahne,

that the positive vote of my delegation has its motive. Indeed, the sanctions

enacted today are clearly limited in scope; they are directly related to the

acts of air terrorism behind resolution 731 (1992) and uill remaini ia force

only sa long as the Libyanauthoritiesdo not comply with that resolution.

1 wish to pay a partieulartribute to the efforts of our

Secretary-General, the Ar& League and the non-aligned countries in trying to

seek cornpliance on the part of the Llbyan authorities with resolution

731 (1992). Unfortunately, these efforts have not yet yielded the hoped-for

results, a fact which we regret, particularlp in respect of the countries

neighbouring Libya, whieh are thus exposed ta the effects of a crisis to which

they are not Party.

Belgim is particularlypleased by the fact that the resolution

incorporatesvarious amendments submittedduring the negotiatioas that have

taken place in recent daya, We see that provisionhas been made for a S/W. 3063
82 I

i (Mr. Boterdaeme, gelaium)
I
two-week delap, and we hope that that period will (be put to good use by the
l
Libyan authorities in order to rerpond to the inj$nctions of the Security
l
Council. Belgiuln also notes that the cornittee s=t up by the resolution we

1
have just adopted will be able to consider, on grouaIs of sigaificant

humanitarian need, any request for exemption from !the embargo on fliphts.

Given Tripoli's attitude, it was aecessary t~ preserve the eredibility of
l
our Couneil. Belgium hopes that ais resolution vil1 convince the Libyan

I
authorities to cooperate activelp in eompkyinq with resolution 731 (1992) .
I
Furthemore, we believe that todayms vote sbould lielp tu dater, in the future,
I
aay State £rom supporéing texrorist organizationsjeither directly or

Tbe PRESIDENT (interpretatiorr £rom Spanish): In accordance with
I
Council tradition, at the end of this meeting 1 ta speak in ma capaeity

as representativeof Venezuela,

The Security Council, through rasolution 731 (1992). has unanimously corne

out in favovr of ellmineting terrorlsm, ad, in pairtisular, ha. urgea the
1
Government of Libya fo prwlde a complet. and effdctive response to the
I
requests submitted to it in order to determine resbonsibilityfor the
I

terrariat acrs eomnitted againstPan Am flight 1031and UTA flight 772. The
l
delegation of Venezuela has set out its position, bointing out that, as we see
I
it, the cause of international peace and aecurity lrsquires a firm and resolute

response against al1 manifestations of terrorism. I On this occasion, we
I

reiterate the contents of the Declaratioaon ~rinliples of InternationalLaw

concerning Priendly Relations and Cooperaf ion =O$ States in acc~rdance vlth

the Charter of the United Nations and the ~eclaratlion on the Strengthening of

International Security adopted in General Assemblpi resolutions 2625 (MN) and
l
2734 (XXV). I S/PV.3063

(The President)

1 wish today to express my deleqation'svery special appreeiation for the

efforts of our Secretary-General, Boutros Boutros-Ghali, in seeking a

negotiated polution with the Goverment of tibya that would avoid the

applicationof sanctions. The repeated missions by his Special Envoy clearly

made use of every possible diplomatie option. Pn this respect, we also wish

to reeoqnize the good offices âeployed by the League of Àrab States. We have

no doubt that the meehanism sought in resolution 731 (1992) was perfeetly

incareated in the person of the Secretary-General of the United Nations; the

hierarchy he heads gave him the means he needs to carry out the mission of

gcod offices the Couneil entrustedto him under resolution 731 (1992); and we

deplore the façt that Libpa has not availed itself of those good offices.

We now fina ourselvesin a situation of extreme complexity with

implications of various kinds of which we are not unaware. In voting for

reçolutfon 748 (1992) todap, we have borne very much in mind the cfrewnstances

and aspirations of the Libyan Goverment, but we have also borne verp much in

mind the aspirations of the 32 differentnationalities to which the victims of

the terrorist acts that led the Councll to adopt resolution 731 (1992)

belonged. We are also at one with the aspirationof the international

community, whieh quite rightly desires acts of international terrorism not to

go unpunished. To act othemise, we believe, would encourage other such acts

in future.

My deleqation believes that this is not simply a matter which concerns

Libya and the SecurityCouneil: it is a rnatter in which the international

eoimnunity is calling for justicein the rnidst of an institutional vacuum wh

the Security Couneil finds itself eampelled to fill. That is its

responsibility, and one whicb it is açauming taday by adopting this resolution. ! (The President)

Because of the need to strengthen the actionslof the United Nations

system as a vhole, Venezuela raiterates the need fqr the system to bs provided

with legal mechaaisms capable of dealing with the type of criminal activity
1

now before the Council. Terrorism is a recurrent and unacceptable feature of
- I
the contemporary political scene; we reiterate oursIequest that an

international criminal court be set up to eomplemeht the International Court
I
of Justice.
I
I
It is my delegation'sunderstanding that bothithe Coucil and the

f raternational Court of Justice are independent of each other, and that each of
1
these organs in the United Nations sysfein nust exetcise iks jurisdiction

autonorn~usly. It is intpor tant,however , that pvblio opinion shovld understand

that, alrliough it would have been desirable for th=re to be a simultaneous 1

decision by the txo forums, the absence of such a ~1ultaneous decision cannot I

inhibit the actions rhich the one or the other may tale. and that Uieir
! N
actians do mt implqr a disregard for their respective respensibilities.
I
Lastly, in connection with the seope of the sanctions regime authorized
1 I
by thia resolution,Venezuela wishes to make one more appeal to the Goverment

l I
of Libya, with which my country bas diplornatic relItions and with whieh ve
1
share economic interests, that Libya Eulfil the provisions of resolution
I I
731 (1992) before the 15 April 1992 deadline provided for in this latest
1
resolution. i
I
1 PO^ resme xny function as President of the becurity Council.

Shere are no further speakers inscribed cn rnyllista
The Security Council
i I
has thus concluded the present stageof its consideration of the item on its
1
agenda. The Security Council will rernain seized of the matter.
I I

The rneetinq rose at 1.54 P.m.Annex 12Annex 13UNITED
NATIONS

Security Council

5123574
21 February 1992

ORIGINAL: ENGLISH 1

REPORT BY TIIE SECRETÀRY-GENERAL PURSUANT TO PARAGRAPH 4
OF SECURITY COUNCXL RESOLUTTON 331 (1992)

1, This report is being submitted pursuant to paragraph 4 of Security
Council resolution 731 (19921, which requested the Secretary-Generai "to seek
the cooperation of the Libyan Goverment to provide a full and effective

response" to the requests referred to in that resolution.

2. Following consultations with the LiSyan authorities, the
Secretary-General sent Under-Secretary-GeneralVasiliy Safronchuk as his
Special Envoy ta Libya on 25 January 1992, The next day, Mr. Safronchuk

called on the Libyan leader, Colonel Qadüafi, and delivered to hirn a personal
message from the Secretary-General together.with the text of resolution 731
and the related records of the Security Council. In his message to
Colonel Qaddafi, the Secretary-Generalnoted that he was encouraged by the
assurances given to hirnby Minister Jadalla Belgaçern El-Talhi that Libya waç

ready to cooporate with him. Further, while expressing the earnest hope that
the matter in question could be resolved quickly so that peace could prevail,
the secretary-General emphasized that he vas acting under the terms of
paraqraph 4 of resolution 731 and not as a mediator between the Security
Council and the Libyan autborities.

3. In respondinq, Calonel Qaddafi asked the Special Envoy to reiterate to
the Secretary-Generalhis readiness to cooperate with him. Following receipt
of the charges against two Libyan nationals, Colonel Qaddafi stated that fhe
Libyan auîhorities had imediately started legal proceedinqs against them and
appointed a judge to try them.
He adaed that the two Libyaa natiorrals had
hired lawyers to tepresent them. Colonel Qaddafi said that the Libyan judges
would require further information and that this sbould be provided by the
Governments of the United States and the United Kingdom. He further suggested
that if those tu0 Governmcats were dissatisfied with the Libyan judges, then
they should send their oïan judges, With speeific referenee to the requests
contained in resolution 731 (19921, Colonel Qaddafi stated that he could not

take any action which would contravene the legal system of Libya. He
suggested, howeves, that the Secretary-Geaeral invite to Libya judges from the
United States,the United Kingdom and France, as well as representativesof
the Leagueof Arab States, the Organizatioii of African Unity and theS/23ST4

English
Page 2

Organization of the Islamic Conference to observe a trial in the eveat that

the Libyan judges decided to try the two Libyan nationals.

4. After car eful consideration of this response, 1the Secretary-General on
30 January 1992 once again received the Permanent Representative of Libya in

New York and informed him that he would now need t! report to the Security
Couneil. The Permanent Representative indicated that1he would like to have a
further discussion with his leadership, He propoç~d to the Secretary-General
to allow hirn £ive to six days during which he would fly to Tripoli and consult
with his leadership on its filal position. Upon rpturning from Tripoli, the

Permanent Representative met the Secretary-Generallon1 II February and
indicared that he was mandated by his leadershipto I ronvey the following reply:

Il) Libya had deeided to accept "the French demands since they were in
con£ormity with international law and did not/infringe upon the

sovereignty of Libya". Libya requested, therefore, that the
Secretary-General infarm the French Govermen( of that decision. The
Libyan authoritieç further requested that theiSecretary-Genera1 eit5er
take the i~itiative of setting up a mechanism/for the implementation of
thiç aspect of the resolution or ask France and Libya to negotiate such a

mechanism amang themselves.

(2) AS far as resolution 731 as a whole vas boncerned, Libya was ready
to cooperate fully with the Security Council and with the
Secretary-General "in the light of the staternénts made in the Secutity

Çouncil and in a way that would not infringe hpon State sovereignty nor
violate the Charter of the United Nations and principles of international
law". It was thus his country's view that "a (mechanism should be created
for the implementation of resalution 731 and,,therefore, Libya invited
the Secretary-General to create such a mechan+sm or to cal1 upon the

parties concerned ta discuss among themselvesiand eventually agree on
the setting up of the mechanism in accordancelwith the spirit af
resolution 731".
l
5. The Seeretary-General elrplained to the ~mbassi$dor that his own sole under

resolution 331 was determi~ed by the provisions of;paragraph 4 of that
resolution. He added, however, that he would infofm the Security louncif
fully of the position of the Libyan autharities. 1Annex 14UNITED

NATIONS

Security Çouncil Distr.
GENERAL

S/23672
3 March 1992

ORIGINAL: ENGLISH

FURTHER REPORT BY THE SECRETARY-GENERAL PURSUAEIT TO
PARAGRAPB 4 OF ÇEmRITY COUNCIL RESOLUTION731 (1992)

1. The present further report is being submitted pursuant to paragraph 4 of
Security Council resalution 731 (1992), bp which the Gouncil requested the
Seçretary-General to seek the cooperationof the Libyan Government to provide

a full and effective response to the reguests referred to in that resolution.

2. Following the circulationof the Seeretary-General'searlier report on
this subject, IJ the Secretary-General met with the Permanent Representatives
of France, the United Kingdom of Great Britain and Northern Ireland and the

United States of Amesica on 17 February 1992. They requested the
Secretary-Geaeral to convey to the Libyan leader, Colonel Mumar Qaddafi,
Leader of the First of September Bevolution, the following points on behalf of
their Governments:

(a) The three Governments consider that the çtatement by the Libyan
Goverment delivered to the Secretary-General of the United Nations thraugh
the Permanent Representative of the Libyan Arab Jamahiriya in New York, in
which the Libyan Arab Jamahiriya expressesits readiness to abide by the
SecurityÇouncil reçolutioa and to cooperate fully with their reguests as

referred to in resolution 731 (1992). repreçents a step forward onLy if it is
supported by action;

Ib) In this connection, the three Goverments support the request of the
French Government and would like to be informedof the mechanism by which the
Libyan authorities will hand over the records and documentation requested, and

wfiatever else may be requested by the French examining rnagistsate, and of
where and when the Libyan authorities intend to do so:

(c) The Governments of the States in question would further like to know
Che time, place and modality of the hand-over by the Libyan authorities of the

two persons ebarged ad the information and evidence requested and the precise
rneasures that the Libyan Government intends to take in order to end support
for terrorismin al1 its forms;

The three Governments have no objectionto the hand-over of the
(dl
suspects and the information requestedtakingplace through the

92-09852 2886~ (E) 040392S/23672
English
Page 2

Çecretary-General of the United Nations In accordancerith paragraph 4 of
resolution 731 (1992);

(el The three Governments believe that their requests are clear and
precise and that they do not require further clarifiication;
I
(f) With regard to the quesfion of cornpensatilon, the three States seek
to obtain assurances from the Libyan Xrab Jamaiiiriya with regard to it5

responsibilîty in this connection, I

3. Following consultationswith the Libyan authoriities, the
Secretary-General again sent under-~eeretary-~enera l asiliy Safronehuk to
Tripoli to convey to Colonel Qaddafi a second message eontaining the above l
points and he asked the Libyan Leader to give him a precise and detailed reply.
I
4. Mr. Safronchuk first met with Colonel QaddaEi on 24 February 1992. He
I
tfien travelled to Geneva on 25 Pebruary in order tolreport to the
Secretary-GeneralColonel Qaddafi's reaction to his/message. Be then returned
to the Libyân Ar& Jamahiriyaand met again with Colonel Qaddafi on 5
27 February. In the course of the two meetings the/head of the Libyan State
made the followingpoints:
l
(a) There are constitutionalobstructionsprepenting Colonel Qaddafi or I
the tibyan administration£rom handing over Libyaa citizens abroad for trial

in the absence of an extraditiontreaty: n

(b) He may address an appeal to the Libyari people througb the People's
Cornmittee, which rnight result in the removal of these obstructions. He did
not iadicate how long it would take to overcame thelesristing constitutional
hurdles:

Once the constitutionalproblems were selbd, the Libyan Arab
Jamahiriya coald be inelined to consider France as the possible venue for a

trial of the Libyan citixens:however, France had not requested that aay
suspects be handed over to it for trial;

(fi) Although the Libyan authorities coula not!£orcibly band over the
suspects for trial in a foreign country, the suspects were free to hand
themselves over voluntarily and the Goverment of the Libyan Arab Jamahiriya
had no intention of preventiag them £rom doing sot '

The possibilitpof handing over the suspebts to the authorities of
(el
thira countries for trial may be considered. In this context Malta or any
Arab country were mentioned by the Libyan Leader: 1
I
(f) Improvement of bilateralrelations betwee? the Lkbyan Arab
Jamahiriya and the United States muld make it possSble to hand over the tro I
suspects to the United States authoritiesr I S/23672

English
Page 3

The Libyan Arab Jamahiriya is prepared to coaperate in every way
tg)
possible to put an end to terrorist activities and sever its relations with
al1 groups and orgmizations that target innocent civilians. It will nct
allow its territary,citizens or organizations to be used in any way for
carrying out terrorist acts directly or indirectly. It is prepared to puniçh
most severely anyone proven to be jnvolved in sueh actç;

) It is premature to discuss the question of compensation,whicb can
result only £rom a civil court decision. However, the Libyan Arab Jamahiriya
will guarantee the payment of compensation awarded as a result of
responsibility of its suspected citizens if they are unable to pay it

themsel ves;

(i) The Libyan Arab Jamahisiya agrees to the French reguest. As a means
of giving effect to these requests, the Libyan Arab Jamahiriyaagrees to act
on the French proposa1 tbat a judge corne to the Libyan Arab Yamahiriya to

investigate the case as he may see fit. It agrees to provide the French judge
with a copy of the minutes of the investigationcarried out by the Libyan
judge;

The Secretary of the People's Committee for Foreign Liaison and
(j)
InternationalÇooperationof the Libyen Arab Jamahiriya,
Mr. Ibrahim M. Bishari, on 27 February 1992 addressed a letter ta the
Secretary-Generalof the United Nations in which some of these points are
reiterated {aee annex 1). The Sectetary-General received a second letter frorn
the Secretary on 2 March 1992 (see annex IT, enclosure).

5. On 26 February,while in Geneva the Secretary-Generalmet with a special
envoy of Colonel Qaddafi, Ur. Yusef Debri, Head of Libyan Intelligence, with
whorn the eatire situation vas revieweà.

6. Prom the foregoing, it will be seen that while resolution731 (1992) has
not pet been compliedwith, there has been a certain evolutionin the position
of the Cibyan authoritiessince the Secretary-General's sarlier report of
11 Februarp 1992. 11 The Security Council rnaywish to consider this in
deciding on its future course of action.

Notes

-/ S/23574. S/23672
English
Page 4

Letter dated 27 Feb~uarv 1992 £rom the becretarv of the
People s Cornittee for Foreisn Liaison ànd International
Cooperation of the Libvan Arab Jamahiriva addressed to
-1

[Original: Arabic]

Proeeeding £rom the adherence of the Great ~amhiri~a to the rules of
international law and ta respect for the provisions)ofthe Charter of the
United Rations,
l
In its desire to promore international peace jd security, to strengthen
friendly relations between States, to ensure stability in international

relations,to conderna al1 modes of the threat or use of force and to coademn
internationaltesrarism,

Seeking to eoaperate closely with the United 14tions and its
Seeretary-General,and basing itself on the human rights covenants and laws
that regard the right to litigatioa&fore a fair and impartial court as an
essentialguarantee of justice,

1
Understanding the rele entrusted to the Secretary1Generalof the United
Nations, and seeking ta demonstrateits sincerity in meeting its international
obligations, 1
1 I
The Jamahiriya,despite al1 the teehaieal,legal and judicial
di£fieultics raised by its national legislatioa, by l internationalagreements,
by the prineiples of sovereignty and by the charteriof the United Mations,

with which we deem Secusity Council resolution 731 (3992) to be incompatible,
aeverthelessexpresses its full readinessto cooper~tewith the
Secretara-General of the United Hations in facilktating the task entrusted to
him under paragraph 4 of Security Coucil resolutio$731 (1992),

To that end, the Jamahiriyaproposesthe following rnechanism:
I
1. ft has no objection in principle to handing over the two suspects to

the Office of the United nations Development PiloIrame in Tripoli for
questioning .
l
2. The Secretarp-General of the United ~atio4s should unüertake to form
a legal cornittee made up of judges whose probity and irnpartiality are
well attested in order to inquire into the facta, ascertain whether the
charges made against the two suspects are well founded and conduct a

comprehensiveinquiry ,

3. Should it beeome evident to the Se~refary~General of the United
Nations that the chargeis well founded, the Jyahiriya will not oppose
the hand-over of the two suspects, under his persenal supervision, to a
tfiirdparty, while stresaing that they should dot again be handed over.

J.. . S123672
English
Page 5

4. The Seeretary-Generalof the United Nations should endeavour to
provide al1 legal and judicial parantees for the coaduet of a just and
fair trial based on the InternationalBill of Buman Rights and the
principles of international law.

With reaard to the French reuuests

Libya agrees to the French requests. As a means of giving effect to
these requests, the Jamahiriya agrees to act on the French proposal that
a magistrate should eome to Libya to investigatetbe case in the manner

that he deems fit. It agrees to provide the French magistratewith a
copy of the minutes of the investigationcarried out by the Libyan judge.

The Jamahiriya affitms its outright condemation of terrorism in al1

its forms and whatever its source, and it denies the allegations
coneerniag its involvement in any terrorist acts. Accordingly, it is
ptepared to undertake the following:

1. The Jamahiriya, denying thiç allegotion,has no objection to the
Secretary-General or bis representatkveinvestigating the facts in the

Jamahiriyain order to tefute or eonfirrn it. The Jamahiriya undertakes
to provide al1 the facilities and information that the Secretary-General
or his representativemay desm it necessary to have in order to arrive at
the truth. The Jamabiriya is of the view that it is possible to draw up
an agreemeat, or bilateral or multilateral agreements, designating the
ways and means necessary for the elimination of international terrorisrn,

and it is prepared to enter iato bilateral or multilateral discussions to
taat end.

2. Libya expresses its readiness to eooperate in any rnatter that rnay
put an end to terrorist activitiesand to sever its relationswith al1
groups and organizatienswhich target innocent civilians.

3. Libya sball not, under any circumstances, permit the use of its
territory, its nationals or its institutions for the perpetration,
direetly or indirectly, of any terrorist acts, and it is prepared to
impose the severest penalties on those againstwbom involvementin sueh
sets caa be proved.

4. Libya undertakes to respectthe national choices ofal1 States and
to build its relations on a foudarion of mutual respect and
non-interference in interna1 affairs.

The proposalscontainedin tbis draft shall be binding on Libya if they
are aeceptedby the otherParty. The results arrivedat, whatever they may

be, shall be bindingon all, a new chapter shall be opened in relations
between the two sides, State terxorismagaiast Libya shall end, there shall be
a halt to threats and provocationsagainst it, its territorialintegrity, its 5123672
English
Page 6

çovereignty and the integrity of its territorial waters shall be guaranteed,

the ecoaomie boycott sball be ended, its political chIices sball be respeeted
and its name shall finally be removed from the rosterof terrorism.
1
With reaard to compensation

Despite the fact that discussion of the questi~n af compensation is
premature, since it wouLd only follow from a civil judgementbased on a

criminal judgernent, Libya guarantees the payment of any compensationthat
rnight be ineurred bg the respensibility of the two Suspectswho are its
nationalç in the event that they were unable to pay 1
i
The Jamahiriya stresses to the Secretary-Generlland to the Security
Council that al1 parties rnustcontribute ta cooperation and not one party
alone. To this day, despite al1 the eooperatiaathat the Jamahiriyahas

evinced and has demonstrated in practice, the three/Statesin question have
not responded to its lsgitimate request for them tolprovide it with the
dossiers of the investigationon the basis of wbichlthe parties eoncerned
presume to make charges against the two suspects. ~addened as it is at the
lack of cooperatlon on the part of these parties, it requests you and the
Council to intercede with them in ais matter.

In conclusion, the Jmahiriya appreciates your role and salutes your

contribution, and it affirms once more its readkness to cooperate in sueh a
marner as to ensure the suecess of your endeavourç.

(Signedl 1btahhn M. BISHARI
Secretary of jthePeople's Cormittee for
Foreign Liaison and International

)Coopcration

J.. . Sl236T2

English
Page 7

n o
the Secretarr-Gederal

[Original: Arabicj

I have the honour to transmit to you herewith the text of a letter
addressed to you by Mr. Ibrahim M. Bishari, Secretary of the People's
Cornitteefor Foreign Liaison and ïnternational Cooperatioa.

(Sianed) Ali Ahmed HOUDEïBï
Permanent RepresentativeÇ/23672
English
Page 8

Enclosure
I
Letter from the Secretarv of the ~eople's Cornmittee
for Forelan Liaison and 1nternational Coaperatian
of the Libvan Arab Jarnahiriva addressed to the
Secretarv-General

I
Since the annouacement of the presumed suspicionof two Libyan nationals
in the matter of the regrettable incident involvingl~anAm flight 103 - in
which innocent people were vicths and with regard 60 vhich, as befose, 1 can
on3y express the grief invoked in me by the inciden: and by the victims who

died in it - the popular authoritiesin the Jamaèiriya I have taken the rneasures
required in such cases by the law and by internaticqalcovenants. The United
Kingdom and the United States, bowever, subniitted tb the competent Libyan
authorities requests for the extradition of the twollibyan nationals for the
purpose of bringing them to trial themselves, and ehey have constantlp
insisted, despite the proposais made by the competent authorities in the

Jamahitiya, on requesting extraditionand nothing edse, thereby oversteppiag
the lirnits of our domestic law and international rudes and customs.
1
As you know, the United Kingdom and the United l~tates convened a meeting
of the Security Cauncil on the regrettable aircraft lincident and succeeded in
having the Gouncil adopt a resolution urging the ~liri~a to respond to

their requests with regard to the relevaut legal pro,cedures. Following the
adoption of the resolution, the Jamahitiya announcedl that it would respond in
a mannes in keeping with its aovereignty and the rule of law, and it took
practical steps for the irnplementation of the resalubion as it related to
legal investigations.
I
l
In this connection, 1 should like to çay that Te Jamahiriya, a State
~emtier of the United Nations, did not refuse extradition in itself. The
domestic institutions of the Jamahiriya,haweves, wbether a&ninisttatkve or
judieial, were faced with a legal obstacle, namely that the Libyan law which
has been in force for more than 30 years does not permit1 the extradition of
Libyan natfonals. This
is a lav vhich is fully in k+epinp vith all the
world's legal systems The cornpetent authorities in the Jarnahiripa coula find
nothing that would enable them to respond to the requests made by these States
other than èy violatlng the law, and this is sometbidg that cannot be done in
any civilized State which is a Member of the United yations. It is this that
is the obstacle, and it is, as you cari see, a legal obstacle and not by any
nteans a political one. The Libyan authorities eannot' bypass thia legal
I
obstacle or violate the rights of citiaens proteeted lby the law.
I
You are aware that the United Kingdom and the United States are
intirnating that they are about to convene another meelting of the Security
Council in order to seek the adoptionof anather resolution on the same
It qoes vithout sayiag that the convening of; sucb a meeting and the
matter.
adoption of a resolution, whatever its character migbt be, will change
nothing. The legal obstacle indicated above will remain as it is, arid it
I S/23672
English
Page 9

cannot be altered bg a decision of the Security Council, whether a
recomendation or a binding resolutioe. It would be pointless to adopt such a
resolution because of its futility and the impossibility of its implernentation
in light of the domestic law in force and of international rules and customs

while the competent authorities proelaim that thep have no objection to
extradition or to trial in any Locality.

1 have sought to address this letter to you so that ne may convey to you
a picture of the legal situation as it really is. I should like to advise

you, hoarever, that the solution to this matter falls within the purview of the
law and not elsewhere and that attempts to bypass the law, even by means of
resolutions,binding or non-binding,would seem to be both unhelpful and
unwarranted since there is no party that is delkberately raising objections.

It is rather the law that has objections, and it is not rational to put
pressure on the law by the adoption of resolutions by the Seeurity Council or
by any other body.

(Siqned) Ibrahim M. BISHARI
Secretary of the People's Cornmittee
for Foreign Liaison and International
CooperationAnnex 15UNITED

NATIONS

SecurityCouncil Distr.
GENERAL

- 5123992
22 May 1992

ORIGINAL: ENGLISH

REPORT OF TIIESECRETARY-GENERAL PURSUANT TO PAIlAGaAFR 8
OF SEcL7RITY COUNCILRESOLUTION 748 (1992)

1. On 31 March 1997, the Seeurity Couneil adopted resolutioa 748 (1992) in
connection with its consideration of letters dated 20 and 23 .becenber 1992
(Si'23306,S/23307, S/23308, Sf23309, 51233171 and reports submitted by the
Secretary-Eeneral (S/23574 and S/23672) pursuant to paragraph 4 of Security
Council resolution731 (1992).

2. By resolution 748 (1992) the Seeurity Council, acting under Chaptea PfI
of the Charter of the United Nations, decided that, on 15 April 1992, al1
States should adopt measures pursuant to paragraphs 3 to 7 of the resolution
vnless the Council decided that the Libyan Arab Jamahiriyahad complied with
the terms of paragraphs I and 2 of the same resolution, At the çame time,
under paragraph 8, the Couneil requestedal1 States to report ta the

Seeretary-General by 15 May 1992 on the measures theg had i~stituted for
meeting their obligations under resolution 748 (1992).

3. The full text of paragraphs 1 to 8 of resclution 748 (1992) reads as
follows:

[The Seeuritv Council,

Acting under Chapter VIT of the Charter,]

1. Decides that the Libyan Goverment must now comply without any
further delay with paragraph 3 of resolution 731 (1992) regarding the

requests contained in documents S/23306, S/23508 and S/23309;

2. Decides alsa that the Libyan Goverment must commit itself
definitively to çease al1 forrns of terrorist actionana al1 assistance to
terrorist groups and that it must promptly,by concreteactions,
demonstrate its remunciatlon of terrorism;S/23gk92
~a~lish
Page 2

3. Decides that on 15 April 1992 al1 States shall adopt the
measures set out below, which shall apply mtil the Security Council
decides that the Libyan Goverment has complied witb paragraphs 1 and 2
above; 1
I
4. Decides also that al1 States shall: I

{a) Deny permission to any aireraft to take off fram, land in or
overfly their territory if it is destined to land in or has taken off
£rom the territory of Libya, unless the particular fliqht has been
approved on grounds of significant humaaitarianneed by the Cornittee

estahlished by paragraph 9 below; I
I
(b) Prohibit, by their nationals or from their territory, the
supply of any aircraft or aircraft compoaents to Libya, the provision of
engineering and maintenance servicingof Libyan aircraft or aircraft

c0rnpone11ts,the certificationof airworthiness 1for Libyao aircraf t, the
papent of ner claims against existing insuranCe contracts and the
provision of nev direct insurance for Libyan airrraft;
1
5. that al1 States shall:

I
(a) Prohibit any provision to Libya by #eir nationals or from
their territory of arms and related material of all types, lncluding the
sale or traasfer of weapons and amnunition, mklitpry vehicles and
equipment, paramilitarppolice equipment and spare parts for the
aforementioned, as well as the provision of any types of eguipment,
supplies and grants of licensing arrangements, ifor the manufacture or

maintenance of the aforernentioned; 1

(b) Prohibkt any provision to Libya $y +eir nationals or from
their territory of technical advice, assistanceor training related to
the provision. manufacture or use of the itemsiin (a) above;

i
(c) Witbdraw s.ip of their officiais or agents present in Libya to
advise the Libyan atchorities on military matters;

6. Decides that al1 States shall: 1

(a) Significantlpreduee the number ana &e level of the staff at
Libyan diplornatic missionsand consular posts restrict or control the
movement within their territorp of al1 such staff who remain; in the case
of Libyan missions to international organisations, the host State may, as
it deemti necessary, eonsult the organisationebrieeraed on the measures
required to implement ïhis svbparagraph;

(b) Fsevent the operation of al1 Libyan Àrab Airlinesoffices;
I ~223992
Eaglish
Page 3

(cl Take al1 appropriatesteps to deny entry ta or expel Libyan
nationals who have been denied entry to or ercpelled £rom ather States
because of their involvement in terrorist activities:

7. a11 States, ineluding States not rnembers of the
United Nations, and al1 international organizations, to aet strictly in
accordance with the provisions of the present resolution, notwithstanding
the existence of any rights or obligations conferred or imposed by any
international agreement or any contract entered into or any licence or

permit granted prior to 15 April 1992:

8. Remests al1 States to report to the Secretary-General by
15 May 1992 on masures they have instituted for meeting the obligations

set out in paragraphs 3 to 7 above:

4. Immediatelpfollowing the adoption of resolution 748 (19921, the
Secretary-Generaltransmitted the text of the resolution by telegram to the
Ministersfor Foreign Affairs of al1 States. Subsequently, on 3 April 1992,

the Secretary-General addressed o note verbale to al1 States again
tsansmittingthe text of the resolution, drawing particular attention to
paragraphs 1 to 10 thereof.

5. As of 15 May 1992, 55 replies were receivedpursuant to paragraph 8 of

resolution 748 (1992). Eoch of the replies has been issued as a document of
the SecuritpCouncil in the chronologicalorder of the communicatiens, as
indicated below:

Istael 20 April 1992 lSf 23859)

Chad

United Kingdom

Spain 27 April 1992

'Norway 27 kpril 1992

Nicaragua 30 April 1992
Italy
39 April 1992
Peru 4 May 1992

France 7 May 1992

Sweden 11 May 1992

China 11 May 1992
àustralia II May 1992

Kuwai t 12 May 1992

Austria 12 May 1992S12399-
English

Page 4

Denmar k 12 May 1992
Fknland 12 May 1992

Xndia 13 May 1992

Brazil 13 May 1992

Greeee 13 May 1992

Cxechoslovakia 13May 1992
Japan 13 May 1992

Siagapore 14 May 1992

Botswana 14 May 1992

Venezuela 14 May 1992

United States 14 May 1992
Hugary 14 Map 1992

&ornania 14 May 1992

Guyana 14 May 1992

Jamaica 14 May 1992
Republic of Rorea
14 May 1992
Cape Verde 14 May 1992

New Zealand 14 May 1992

Bussian Pedetation 14 May 1992

Belarus 14 May 1992
Chile 14 May 1992

Ukraine 14 May 1992

Poland 15 May 1992

Switzerland 15 May 1992
Bulgaria a5 May 1992

Belgium 15 May 1992

Côte d'Ivoire 15 May 1992

Malta 15 May 1992

15 May 1992
Portugal 15 May 1992

Irelana 15 May 1992

Portugal, on behalf of the
furopean Comunity 15 May 1992

Bangladesh 15 May 1992Colombia 15 May 1992

Germany 14 May 1992
15 May 1992
Cyprus
Cuba 15 May 1992

Mali 15 May 1992

Philippines 15 May 1992

Canada 15 May 1992

Brunei Darussalam 15 May 1992Annex 16 STATEMENT OF FACTS

TRE LOLUT ADVOCATE,
SCOTLAND .

in the casof

Abdelbaset Ali Mohed Al

Megrahi

and

Al Amin Khalifa Fhimah

(Conspiracy; Murder; and
Contravention of the Aviation
Secunty Act 1982,Section2)

1. Pan AmericanWorld Airways FligtiPA103 took off fromhndrin
Heathrow Airportat18.25 hourson2 1 December 1988,bound for
Detroit viNew York,John F Kennedy AirportTheGrcraft was a
Boeing747 passengeraircraof Americanregistration.FlightPA103
hadcommenced atFfankfurtam Main,FederalRepublicofGermany
on a Boeing 727passengeraircraft,frorn which 49 passengers

transfmed totheBoeing747 aircrafatLondoHneathrow where they
joineda further194passengers .herewere 16 crew rnemberson
boar the Boeing747aircraft.

2. At approxirnatey9.03hourson 21December 1988,whilethebing
747aireraftwas inflightoverthe Southof Scotland,anexplosion
murred inthe frontcargoholdresultininthebreakup andcrashof l
I
theaircrafin andarovndthe town ofLockerb iedthedeath of dl 1
259 passengerandcrewand of 11residentsof Lockerbie,whwere
killed whentheirhouseswere destroyed as aresultof impactof
wreckageandconseque frts. l3. Scientificexaminatioof wreckage Ad materialfromthe aircraft
dettrminedthat

3.1 theexplosionoccurred withi4 a baggage containerwhich
containeluggagewhichhad ben transferrfromtheMing
727 airçraffromFrankfun amiMainandluggagewhichhad
beentransfer foedother flightsintoLondonHeâthrow.
I
3.2 theexplosionhad been causedi yan lmprovised Explosive
Device wntained withina hardshelled$arkbrown coloured

Samsonitesuitcase,whichhad kenpusitionedamongluggage
whichhadben transfened from theBoeing727aircraft.
1
3.3 theImproviseExplosive~evidewas aToshibaradiocassette
recorderwithinwhichhad ben conded highperforrnanoe
plasticexplosiveconsistenwiihthatmanufactureudnderthe
brandname'Semtex',anda system ofelectronidetonation

controllbyanelectronic timer.
l
3.4 the1mprovise~x~losive~evicewas placewithinthesuit-
among clothingandanumbrella.
I
4. Luggage taggd soas to bemsfeq from theMing 727aircraft
to theking 747 aircrafwas notsubject oexamination thndon,

Heathrow AirportTheinvestigatiohasbeenunabletuaccountforthe
Samsonitesuitcaseasrelatingto anpasrenge rnthe Boeing727or
747 aircrafbuthasaccountedfor dl ~therIuggagetransfenedfrom
the Boeing 727 lo the Boeing 747 gruaft at LondonHeathruw
Airport.A singlepiece ofluggageis(reeordedashavinghved at
Frankfurtam Main Airporton21 Décember 1988 frornAir Malta
flightKM180 and being thereaftetbsferred to the Boeing 727
Aircraft,whereit appeatsto have bt#nCarne ds unaccornpanied

luggage.Itappearsth&the Sarnxinitesuikaswasthesinglepiecoef
luggage whiehwas tmsferred from flightKM180to theRoeing727
aircrafatFrankfuratmMain and tu th+Boang747 aircraatLondon
Heathrow Airport.Therewas no generalrequisemen orpassengers
to make a tarmacidentificationof bagage for flights fromLuqa
Airport to Europe and no X-ray ficili flrychecked-inluggage
examinationthere. was possibltointrduceluggagetaggedwithan

Air Maltaluggagetagtoan Air Malta,AightoFrankfuriam Main as
unacmmpanied baggage and for itthereafteio be transferrdas interline andonlibaggagethroughFrankfurtam Main andLondon
Heathrow to aflightoNew York John F Kennedy.

5. The timerwhich wnirolletheImprovisedExplosiveDevicewasone

of 20 timersmanufacturaiin1985 in Switzerlanby the çompany
MEBQ AG ,Nova ParkHoteI,Zurich,SwitzerlantstheorderofIzz
AI DinAlHinshiraindSaidMohammed AbdallahRashid,bothsenior
officiaof Amn alJamahiriya he ExtemalSecurityandInteliigence
ServiceofLibya(ESO) and supplieby thecompany b suchafficials
in TrïpoIi,Libya andatthe Libyan People'sBureau,East Berlin,
German DemocraticRepublicThe tirnersweredesignetooperatethe

detonatorofexplosivede~icewithgreataccuracy.Fourtimerswere
destroyedwhen beingtestedin conjunctiwithbombs atSabha,in
theLibyandesertin1986underthe supewisianof NasserAli Ashur,
a member of the ESO. Of the20timers, IO weredesignedby the
rnanufacturersoas tobe fitteby them withia rigidcasing.The
timerwhich was containedwithinthe Improvisd ExplosiveDevice
was oneof the 10timerssodesigned,

6. Oneofsuch timerwassituated'in1987or1988in anofficeoccupieû
by HinshirinTripoli.

7. One of suchtirnerwas seizedin February1988togetherwithhigh
performance plastiexplosives,a firearrand ammunition from
Mansu OrrnranSabiand Muhammad Ali Al-Nayothenviseknown
as Mamuk, both Libyannationalat DDakaArirportSenegd. Sabir

and Al-NayilwerereleasedinJune1988afternegotiatioconductd
byaLibyan government emissaryand,althougtheotheritemsseized
can beaccountedfor, thereis nevidenceas tothedisposalofthe
timer.

8. AbdelbasetAli MohrnedAl Megrahi ia seniorofficiaiof Libyan
IntelligenceServiceAs such, he was headof seçuriofthe state
owned Libyan Arab Aidines (LAA) throughout 1986 and was

appointd eidrectofthe Centre for SirategicSrudies,in Tripoli,on
1 January3987. The Centre for StrategicStudiesis part of the
DirectoratofInformation,whichin turn oneoftheDirectorateof
the ESO. A largeproportionof personsin managerialsitionsin
LAAare officersoftheESO. One ofMegrahi'sdutiewas to setup
frontcompaniesforthe activitioftheLibyanIntelligenceServices
abroad.Megrahi andanotherLibyanES0officialBadri Hasan,who

was formery theChairmanof LAA, setupsucha companyknown as ABH, whichrentedoffice accornm4ationwithin the premiseî of
MEBO AG andadjacentto theirworkshop betweenJuly 1987 and
Febmary 1989andhad a pannt orasFted compy ofthe same
name in Libya.TheCompany hadane~clusivedistributiagreement
with MEBO AG, but conductednobusinesswith MEBO AG.

I
9. On 15 April 1986 the US Air~ork bomkd Tdpoli foUowing
a bomb attackon 'LaBelle' Discothkque,WestBerIinon 5 April
1986. InJune 1986Rashidenquiredaboutthepossibilityof sendiag
suitcaseon a BritisAircraftfrom $uqa Airpon, probably tothe
United Kingdom. A replyconfirrninthatthiwas possiblewassent

to himthrough Megrahi.

10. Al Amin(known as Lamin)KhalifaFiirnahwas theStationManager
of LAA atLuqaAirport,Malta,from114October 1982 untilOctober
1988,buthisairsidpas didnot expiieunti31 December1988and
he continued in particulato have ISS io LAA prernisesand

facilit This.llowedhim accessto peas includinthawthere Air
Mdta flightKM180 was parkedpriortoandduringpassengerandload
ingestioon21December1988.As ~+tionManager he wasaware of
securitarrangement atLuqaAirport.iFhimahhadstrongconnections
with theLibyan'IntelligeServicesand was doselyassociaid with
Megrahi. From September or~ctobed 1988he was concerneddong

wiih Megrahiinsettinupa Maltese +rnpany hown as Md toursor
Medtours ServicesLimitedafurtherfqoncompany oftheES0 which
conductedno activebusiness.Meg*i lefta largquantitof high
performancp elasticexplosivesinpsipion of Fhimahat thoffices
of LAA atLuqaAirport duringor priuto 1986andsuchexplosives
remainedthereuntilthelatterparof 11988whenbey were removed
byofficersofthe LibyanCulturalCedtre,SliemaMaltaand Fhimah

was advisedof thatFhimah continuedtopurpor tobeemployd by
LAA and touercise controof ~edt$un inMalta in 1991.

11. In the earlyeveningof 7 December /1988a persondescnbedas a
Libyan purchascdatrandomitems ofcfothinandtheumbrella, hich
have been identifieas having ken containedinthe Samsonite

suitcase, at theshopknownasMary's House,TowerRoad, Sliema,
Malta. The Libyananswers the descriptionofMegrahi,who had
arrived inMaltaby air fromTripollier thatdayusing thenarne
AbdelbasetAli Mohmed, who stayl atthe HolidayInn,Slierna,
approximately300 mettes from the shopand wasdue to leave for
Zurichon8 December 1988.His dehrtute wasdelayedby weather
I until9 December.Theshopkeeperhasassisk inthepreparatioof
photofitand artistimpressionsof the customerwhichamble
Megrahi.He Iateridentifidan earberphotograph of Megrahias

lookingsimilatothecustomer. ehas statethahebelievesthathe
samemanreturned to his shopon 21 or22 September1989 and
purchasedchildren'sdresses.Megrahiwas in Mdtabetwee21 and
24Septemkr 1989. TheLibyan CdturalCentre,formerltheLibyan
People'sBureauissituatein TowerRad, Sliemabetweentheshop
andtheHolidayInn.

12. In early December1988 HinshiriandWasanattempted to ordera
furthe40 such timersfrom themember of MEBOAG, who had
deliveredtimerin 1985,but mBO AG wereunable tofulfithe
order.

13. Thememberof MEBO AG travelletoTripolion18Decembei 1988
with40 commerciallypurchased'Olympu i' ers,to whicsome

modificationhad ben made and amged for their delivery to
Hinshiri.

14. At a meetingon 19 December 1988at theES0 officwhere the
member ofMEBO AG haddelivereMEBOtimersin 1985andwhere
he had beeninttoducedto Megrahi by Hinshiriin 1986Hinshiri

refusetupuschas ehe'Olympu ti'ersfromhim.A furthemeeting
wasarrangesforthateveningatMegrahi'houseloffice.hemember
ofMEBO AG was take nopremiseswhichhe believedto bethat
houselofficHe caught sightofagroupof 6 to10men inamm,
indudingtwo membersof theLibyanIntelligenServices, bdaIlah
Senussi,the theDirectoofOperations Administratinf theES0
and who hadoverd1 ccintrof the CenttforStraiegiStudiesand

Ashut,who hadsupervisedthttestsithedeserin 1986He was not
admittedtoany meetingthereand lefthepremiseswithoutcontact
withHinshirorMegrafii.Fhimah traveltoTripolon 18December
1988 fora meetingwith Megrahiand bath returnto Malb on20
December 1988.

15. The member ofMEBO AG upliftdthetimersfromHinshiri'office
on 20 December 1988 and returnedwiththemto Zurich.Between

Christmas1988 and theNew Yearhe checkedtheprogrammingof
thesetirners,whichhaa sevenday capaciand discoverathaone
onlyhad been set,for Wednesdayai 19.30hoursTheWednesday followin18 to20 December 1988waI21 December 1988 andthe
explosionea Lockerbieoccurrd atiapproximatey9.03hourson
thatdate. After22 January1989 the membeof MEBOAG was
approachedinEast Berlinby a ~ibian offifilowhom he had
deliverafivoftheMEBO timersin1985andaskedif hehadnoticeé
anythingunusd aùuutthetimerswhichhe hadreturnd with to
ZurichfromTripoli.

I
16. Dunng 1988 Megrahi had the use01a numberof official Libyan
passports,including

No. 110286 in the nameAbdelbaset A Mohrned,
which hi usedin dljoumeys 10 and
from Ma$a andSwitlerlaninUianame

No.755973 in the Rame AbdelbasetA Mohmed
which de usai in his journey to

~zechorlbvakian9Decernkr 1988 and
whik tdre betwee9and 16Decernber
1988, aljhougtravellinto and fmm
Matta dd Switzerlandusing the first

No.332351 inthename Ahmed KhalifAbdusamad,
which hdusedin journey tsMaIbin
1987 and1988

Despitehispositiou Directorof leCentreforStrategiStudies,
Megrahidercribedhimself for irnrnjgrationand hotel registration
purposesasaflightdispacher(sic)wiLAA,butwhen travellinas
AhrnedKhalifAbdusama describaihimseforthosepurposeasan
employee.On 8 Ociober 1988he (nt& Maltafrom Tripoli as
AbdelbasetAliMohmedandthereafteron 10October1988travelled
toPraguevia Rome, remainingunti18October,His hotel account
was paidforby theLibyanArab Jamarihiya ilitaryProcurernent
OfficePrague.

On 7Decernber1988,priorto tpurihaseofthclothing,hcentered
Maltaby air from Tripolas AbdelbasetAlMohmed,apparently
carryinno checkedbagage and stayedat tHolidayInn,Sliema,
Malta.
l On 9December 1988 hetravellebyairfrom MaltatoZurich and
from ttie$0Prague asAbdelbasetAliMohmed,rernaininugntiI16
December.His hotelaccountwas paidfor by theLibyan Pmpleqs
Bureau,Prague.

On 16 December1988he travellebyairfromPrague to Zurichand
stayedovernighinZurichbeforereturniby aitoTripoliviaMalta
asAbdelbaseAliMohmed. He spen2 hours50minutesinMalta and
apparentlcheckedthreeitemof baggageon theflightoTripoli.

On 20 Decernber1988he travelleby airfrom TripoltoMaIta as
'Ahmed'andentered MaitaasAhmedKhaIifa Abdusamad.

17. FhirnahkeptadiqinMdtacontainingïeferences toMegrahi as
AbdelbasetndAbdelBaset AlMagrahi,inctudintelephonenumbers
in TripoliInhis diaryhe has made,in Arabic,entriedated 15
December 1988:

'AbdelBasetis cominfrom ZurichwithSdvu' and

'*takTAGGS from theMalteseAirlinesOK*.

andhas çeparatenoted:

'Bring theTAGS from the Airport(Abdel Baset,Abdul
Salam)'.

Thewords 'TAGGS', 'TAGS'and 'OK' were writteinthe Roman
alphabet.

Theremovd of luggagetagfmmLuqaAirportwas prohibit LAdA.

stafcould not legallyobtainpossessofAir Malialuggagetags,
other thanwhile assistingAir Malia staff in theirlegitimateduties.
Luggage tagswere essentito enableapieceof luggageto traveE
unaccornpaniednd interlithroughits chosenroute.

18. FhirnahtraveIlbyairloTripolon f8Decernber1988fora meeting
with Megrahiandheand Megrahiretumed toMaltaonthesame Ait
MaltaflightfromTripolion20 Deçernber1988arrivingat 17.15

hours,when Megrahiwas travellinas'Ahmed' or AhmedKhalifa
Abdusamad. Neither appeatohavehad anycheckedbaggage.19. On theeveningof20December 1988~hirnahw, howaswithMegrahi,
was seen to removea dack brownbloured hnrdsheIled suitme,
sirnilarin descriptito the Sarnsorfisuitcase,from a luggage
carouselcarryintheluggagefrom theincclminAirMaltaflighfrom
Tripoland walk withitthroughtheClstoms area.

On theevenin og20 Decernber 1988kegnihiandFhimah visitethe
houseof a Maltese nationalwho w& Iwncemed insettingup the
'Medtoursc'ornpany.
I
Megrahc iheckedintotheHoliday1nnYSilim on20Decernber1988,
givinghis Company as AH Co, Ekighari, butclaimedthe LAA
discount.

i
20. A telephonecal1was madefmmMegpi's room attheHolidayInn
toFhimah's flaat3 StJohn' slat, MostaMaltaat07.11 hourson
21 Decernber1988 beforeMegral~ihbked out.

Althovgh thnc was aderLopen forLAA night LN147 toTripli,
Megrahi çheckedin for thaflighasi'Ahmed 't adeskwhichwas
only officiallyopenfopassengersforAir Malta flightKM220 to
Cairo,but at which the rnernbeof/the Air Maltacheck-instaff

dlowed him tocheck in,The LAA representatieresen wthenhe
check&inwouldhave ben abletodeh withuiy IuggagetagsThere
was a25 minuteoverlapin thetirnforcheckinginforflighLN147
(08.50to09.50 hours)and forAirMaltaflightKM180 toFrankfurt
(08.15to09.15hours).The timeforCheckhg inof flighiKM220to
Cairowas 08.35 to09-35 houn. BetGeen08.50 and09.15 hoursall
threeflightwere checkingin and lbggagemuld be acceptedfor
ingestioinal1orany ofthem. Megrahi embarked onthejourneyto

Tripolas Ahmed Khalif~bdusamad!
I
22. Fhimah returnedio Tripoon 29 ~dmIer 1988.

23. Itis infed rhat,actingiCOI'ICewithohers, Mcgmhi and Fhimah

23.1 causedthe Irnprovis&ExplOsiveDevice to be setto be
detonatedby theelectro iicier

23.2 placedthe lmprovised€xplosiveDevicearnong theclothing
and umbrellawithinthesarnsdniisuitcase
l
I23.3 causedthesuitcastobe taggedwitha baggagetagsoas to
enableitto be Camexi on Air MaltafligktKM180 on 21
December 1988 andthereaftetointerlinontoother air&
withoutarelevantpassenger

23.4 eause tdesuitcastobecarriedonflighKM180 toFmnldurt

am Main Airport and theretobe transfenedas interline
baggagetoPan AmencanWorIdAirwaysflight PA103 onthe
Boeing727 aircrafandMed thereontoLondon Hathrow
Airportandtherein tutobe transfetfas oniinebaggagto
PanAmerican WorldAirwaysflightPA103 on theBoein g47
aircrato New York JohnF KennedyAirport

and causedtheImproviseExplosiveDeviceto explodeonboatdthe

Boeing 747 aitcraftin flight overtheSouth of Scotiandnear
bkerbie, destroyintheaircraft anmurderingthe259 occupants
andI 1residentsof Lmkerbie.Annex 17 UEJTO 7X.E HONOURRBLE THE SHERJFF OF SOUTH
SlXATHCLYDE, DUMFRlESAND GALLOWAYATDUMFRIES

THE PROCURrlTOR FISCALof Courtfor thePublicInterest:

ThatfrominformatioreceivebythePetitioniappears,ndhe accurdin chaygesbat

ABDELBASET ALI MOHMED AL MEGRAHI and

whosepresentwhereabouts areuriknownbutwho are believedtobe wirhinLibya

between I Januq 1985and 21 December 1988,bah datesinclusivat thpremises
occupiedby him AbdelbasetAli MohmedAl Megsahiandby theLibyanIntelligence
Senices, inTripoli,Libya,ata specid forcetraininarea Sabha,Libya, atthe
prerPliseoccupied by the fum -0 AG at the Novapark Hotel, Zurich,
Switzedand,at 'thHoliday Lnnandthe LibyanCulturalCentre, bothinSliema,
Maita,at thehousewupied by him Al AminKhdifaFhimah at 3St John'Rsat,

Mosta,Malta,atLuqaAirport , altand attheLibyanPeuple'sBureau,EastBerfin,
Ge- Demmraiic Republic and elsewhere in Libya, Mdb, Switzerland,
Ctechosiomkia andtheGermanDemcicraticRepublic,to thPetitionerunknownand
elsewheretothePetitionerunhown,

king mernbers of the Libyan IntelligencServices,and in particulat being

respe¢tivelthehmd of securitof LibyanArabAirhriesandthereaf~eDirectorof
theCentre forStrategicStudies,TripoLibya andthe Station ManageofLibym
ArabAirfines in Malta

SG3 JAMES T. MacDOUGaL
Prmritator Fiddid conspire togetheand with othm tafurtherthe purposes ofthe Libyan

IntelligenSeMces bycriminalmas, namely theccrnmissioofactsoftetforism
dirsted agaùisnationaisandtheYiterestsof other'kauntriesandinparticther
desmictionofa civiparsengeraircd and murder{f itocnipants
I
and,inpursuancoefraidwnspiracy,whileactininConcer togetheand withothers
l
1
(a)beiween1 January1985and31 Dgcmber 1985,bth datu inclusivat thraid
premisesoccupiedby MEBO AG,in Zurich,afor&d, at thsaidpremisesof said

LibyanIntelligence Services,inTripoli, aioresatdthesaid LibyanPeople's
Bureau,East Berlin doresaiandelrewhere toth4 Petitioneunhiown, they did
order,causetobemanufacture and obtain hm the'hidfirsofMlBO AG twenty
electronictimercapablofdetonatingexplosivedevices;
l
(b)berwecn1 January1985and 31July1986,both ditesindusivatthesaidspecial
forcestrainin- atSabha,Libya theydidcauseihe effgtivenas of sutimers
tobe testedinconjunctîowithexplosives;

(c)between20Much 1986and31December 1988 , a tatesinclusive,withthe

offices ofLibyanArab AirlinesatLuqaWrt, Malta andat thesaid Libyan
CulniralCenue, Sliema,afodd andelsewhere ihMalta theydid havein their
posdon andunder th& conml aquantityof highperformancelastic explosive;

(d)beo~n 31 July1987and2 1D- ber1988,bo$ datesinclusiwithin theraid
premisesûtcupid byMEBO AG, in Zurichaforesatheydidestablishandmaintain
a pretendedbusinesunder thenme ABH asa cqverfor theoperationsof said
LibyanIntelligenSeMces; i
I
(e)on20Febniary1988 atDdar Airport, Smegaldey didcauseoneof saidtimers,

togetherwith other componentsofanirnprovisede/xplosivedevice includiag
quantitof highperformanc elasticexplosivean1fuearm and ammunitio nobe
inecxiuceintoSenegaIforterronstpurposes;

(f) bcoveen1 September1988 and 21 ~ecemk/ 1988, bothclaleindusive at
EuchaisticCongres Road, Malta they didestabl;iand mainiaina pretended
businesstobehown asand underthe name ofMed Toursor MedtoursServices
Lirnited, ascover fotheoperationofsaidLibyq IntelligencSerYices;

SGD JAMES Tm MacDOUGALL
ProcuratoFiscal (g)between1 and 20 Decernber1988,bothdatesindusive,atthe saidpremise~
mupied byMEBO AG, in Zurich doresaat thsaidpremiw wupied byhim

AbdelbasetAli MohrneAlMegrahiand by thesaidLibyan IntelligenceServines,
Tripoiaforesaiand elsewherin SwitzerlaandLibyatheydidorderandattempt
toabtain delivofyfortfurrhersuchtime~hm thesaidh ofMEBO AG;

(h)beween1and 21Decernber 1988,bothdatesinclusivatLuqa AirportMalta
or elsewheinMalta theydidunlawfullaquireairlinluggagetags;

(ion 7 Decernbez 1988inthe shopprernisesknownasMary'sHouse atTower

Road,Sliema,Maltalheydidpurchaseaquantitofdotliing anan urnbrella;

(jon 20December 1988atLuqa Airport, MdtasaiAdbdelbasetAli MohrndAE
Megrahi did enterMaltausing apassport inthe falsname of AhrnedKJialifa
Abdusamad and theydidcausea suitca oebeintroducetuMalta;

(k) on20and22 Decernber1988sai dbdelbaseAliMohmed Al Megrahididraide

at theHoIidayInn, Sliema, Maltaunderthe fdse identityof Ahmd Khalifa
Abdusamad ;nd
4
(1)on 21December 1988atLuqa Airport,doresaitheydid placeorause tabe
placedon board an aircraoffAir Mdta flightKM180 to FranIdurt am Main
AirportFederalRepubhc ofGermany saidsuitcasora similasuitcascontaining
such ciothinand urnbrelland animprovisai explasivdevicecontaininghigh
performanceplastic explosivwnded withina radio cassettrecorderand

programmal tobedetonatebyone ofsaidelectro nmicrshahg taggedorcausai
such suit- to be taggeso asto be carriby aird fromFranIGurtam Main
doresaidviaLondon, Heathrow AirportteNew York, John F Kennedy Airport,
UnitedStateof Arnenca;

andsucb suitca sasthushed toFradchrt amMain Airpofiaforesaiandthere
placedon boardanaircr afPan AmencanWorldAinvays flight PA103Aand

carriedtLondonH ,eathrowAirportaforesaiandthere,inturn, pIa& onhard
an aircraftofPan ArnericaWorld AirwaysflighPA103 toNew York,John F
Kennedy Airporaforesaid; .

and saidimprovisedexplosidevicedetonatdandexplded on boardsaidair&
flighPA103 while infight near Lockerbie,Scotlandwherebytheaircrafiwas
desmyed andthewrelkage crash4 tothegroundandthe 259 passengerandcrew
named inScheduleI hereofandîhe 11residentofLmkertiieaforesaidnamedin

Schedule2hereofwere lded andtky did murderthem.

SGD JAMES T. MacDOUGALL
FrucuruîurI'iscd l
(2)being membersofraidLibyanIntefigena Servi+asabovelibelledanhaWig, 1
while actinin conen withothers,formeda niminal purposetodumy a civil
passengeraircraftandmurdetheoccupanu andhahg obtainedpossessionofand
testedtheeffectivenessof electronictandrking inpossessioof andhaving I
underth& conml aquantityof highperformancelasticexp1osivalas above
libellai, whiactininconcerttogetherandwito4en
I I
(a) beovee31July1987and21 Dgember 1988bothldatesnclusive,wittheJaid
premisesoccupiedbyMEBO AG, inZurichaforesaidd iidestabliand maintaui 1
a pretendedbusinesunderthe name ABH as amver forthe operationofsaid
LibyanLnteUigenceervices; l
1 1

@) behveen1 Septernbe1988 and 21 Dkernber 11988bochQtes Musive at
Euchaistic Congrus Road,Maita lheydid estabkshand mauitainaprefended I
businesstobe hown asandunder thename of ~ehtours oMed Tours SeMces
Limitedasa cover fotheoperationofsaidLibyanIntelligenSenices;
I 1
(c)behvee1 nand 20 Dember 1988,bothdatesindusive,atthesaidpremises
occupiedby MEBO AG,in Zurichdoresaidat the+d premisesoccupiedbyhim
AbdelbaseAli Mohmed AL Megrahai nby thesaidLibyanIntelligenceServiins, I
Tripoliafodd, andelsewherinSwitzerlanandLibyabey didorderandattempt
loobiab deliveroffortyfunhersuchdmersfrom tIesaidfirmofMEBO AG; I
l

(d) between1and21 Dgember 1988,bothdateindurive,atLuqa Airpo~,Malta I
orelsewhereinMaltabey didunlawfullacquire&ne luggage tags;
I
(e) on7 Deanber 1988inthe rhoppremireshoh asMary's House a<Tower I
Rd, Sliema,Malttheydid purchara quantioflclothingand anurnbrella;

(f)on20 December 1988at LuqaAirportrMaltaAd AbdelbareAliMohrned Al I
Megnhi did enter Maltauringa pacirpoin thefalseme of AhrnedKhalifa
Abdusamadand theydid cauranuitcasetbeintsducedto Mdta; I
l
(g)on20 and21 December1988 dd Abdelbaset lMohmed AlMegrahdidmide
I
at theHoliday Inn,Sliema,Malta under thefaly identityofAhmcd Iûialifa
Abdusamad ;nd

w
SGD JAMEST. MacDOUGALL (h)on21 December 1988 atLI$ Airpon, aforesaidthedid placeor cauw tobe

placed on board anaircraft oAir Malta fligbtKM180 ta Frankfurt am Main
Airport,FederalRepublic Germany saisuitcaseorasirnilasuitca coetainhg
suchclothing and urnbreland an irnprovie sxplosivedevice cuntaining high
performance plastic explosive concealed withanradio cassettrecorder and
programmed to bedetonateby oneofsaidela3.mnictimershavingtaggedorcaused
such suitca tsbe taggedxi astobe Eamd byabcraftfrom Frankfurtam Main
aforesav ia bndon, Heathrow mrt toNew York, JohnF Kennedy Arrport,

United StateofAmeriça;

and suchsuitcaswas thuscarciato Frankfuram Main Airportdoresaidandthere
placed onboardan aircrafof PanAmerican World Aiways flightPA103Aand
carrieco Undon, Heathrow Airpordoresaidandthere, inturn,placedon bard
anaircraftof Pan Amencan WorldAimays flight PA103 to New York,John F
KennedyAuport afor&d;

and saidimprovid explosivedevice detonaand explodedon bard sai dircraft
flrghPA103 whilein flighneatto Lockerbie,Seutlandwherebythe aiïcraft was
destroyedandthe wreckagecrashedto thground andthe259 passagers andcrew
namedin Scheduk 1 hereofand the11residentsofLockerbieaforesa naded in
Schdule 2 tiermfwereNled andtheydidmurder them

(3) beinrnembers of saidLibyaIntelligenceServicesand harinwlde actingin
concertwithothers,formeda criminapurposeto destroyacivipassengeraircraft
andmurder the mupants and havhg obtained possessionof and tested the

effectivena ofelatronitimersand beinginpossessionofand havingundertheir
coneroa quantitofhighperformanceplasticexplosiallasabovelibeIledtheydid
on ancibetweenthedatesandat thplacesincharge2 aboveIibeIIed,byîhemeans
the libeiled,unlawfuand intentiodldesuoy saiairczaftin seniand cornmit
on boardçaidaircdtinflighactsofviolencewhichwere likeltoanddid endanger
thesafeiyofsaidaircraft, inrespthatIheydidmurdersaidpersons:

CONTRARY totheAviationSecurityAct 1982,Section 2(1) and (5)

SGD JAMES T. MacDQUGALL
ProcirraFiscalIn orderthereforethathe raiAcnised may bedealtwjthaccordinCO Law,
l
MAY itpleaseyour Lordshipm gm~t Warrantto&cers of Law ü, tearchfor and
apprehendthesaidAccused 1
i
ABDELBASET ALI MOHMED ALME~RAHI and
I

AL AMINKHALLFA FHIMAH

and meantirnei,f nsessatoderainhem ina policestathouseorother cunvenientlace
and tobhg hem forexamination inrespectoftheave' charges;thereaftgrancWarrant
tahipris tonmwithinthePrisoofDumfries theteito6edetaineforfurtheexamination
or untitliberatin duecourseof Law:Further,to grht Warrantto searc he person,

repositorie, ndomide ofthesaidAecused,andthehohe orpremisesinwhichtheymay
be found,andtosecure,fothepurposofprecognitioandevidence,alwrits, evidents,and
artides foundtheretendintoestabl gushorparticipqiinthe crimesforwaidand for
bat purposetomalrepatentailshutandIocHastplaces,anddso togant Warrant tocite
Witnessesforpreçrignitiandtomakeproduaionforthepurposesforesaidof suchwrits,
evidentsandarticlespertinto thecasasarein theüpossession:Fuher,torecommend
to theJudgesof otherCountiesandfurisdictionto g~mt the WarrantofConcurrence
necessa rryenforcinthatof yourLordçhipwitfiinthykrespectitemitoris;orto do

funher orotherwiseato youtLordshipmayseemmeet. l
l
~ccordin!toJustice&c.

SGD JAMES T. MacDOUGALL
ProcvratorFiscal

13 November 1991 -ne SheriffhavingconsidertheforegoingPetitiograns
Warrantrn Office? ofLaw to searc hr, apprehenandbringfor examinationthesaid
Aceused

ABDELBASET ALIMOHMm AL ME~RAHIand
l

AL AMIN MIALFA FHIMAH 1

andmeanthe, if necessatytodetaihem inapolicest&onor other convenieplace,as
atm tosearch,secure,andcitforpreçognitioandtoogen shutandlockfasplaces,dlas
mved: Furtha, recommends Judgesof otherCountiqsand Jirrisdiaioto grantany
Warrant of Concurrencenefessaryfor enforcinthW'Warrantwithin theirreswve
territories.
l

1 SGDK. G. BARRSCHEDULE 1

1. JohnMichaelGerard Ahern, 127 Sherman Avenue, RockvilFCentre, New York
11570,UnitedStatesofAmerica

2. SarahMargaretAicher,30E StanhopeGardensh, ndon

3. JohnDavidAkersaom, 6822 RyanRoad,Medina,Ohio 44256,Unit4 Stateof

America

4. RonaldElyAlexander,425 East58thStreet,New York,New York 10022, United
StateofAmerica

5. ThomasJosephAmmeman, 2ForrestAvenue, OId Tappan, New Jersey07676,
UnitedStateof Arnerica

6. MartiLewisApfelbaum,250518th StreetPbitadelphia,Pennsylva19103 , nited
Stateof America

7. RachelMaile Asrelsky, 605 WaterStreet, NeYork,New York 10902,United
Stateof America

8. JudithElIenBernsteior Atkinson,Rat3, 32 CranleyGardens,Sou& Kensington,
London

9. WilliamGarretsoaAtkiriso117 ,iat 3, 3Cranley Gardens,Souùi Kensington,
London

10. ElisabethNicoleMarie Avoyne, 2 Avenue FrancoisPatrode, 78290CroissySur
Seine,France

11. JerryDon Avrin,14031 Bcdey SU-, WesDnÛ~~te raliforni92683,UnitedStater
of America

12. Clare Louise Bacciochi,aged 19 yws, 21 HiIlside, Kingsbury,Tamwoh,
Warwickshire

13, Hq MichaelBainbridge,9 MariçaCourt, Montrose,New York 10548.United
Statesof America

14. StuartMurrayBarclay,Haney HilFarm,Barnard,Vermont 05031,United States
of America

SGD JAMES T. MacDOUGALL
Procuratoriscal l

JeanMaryCrispin orBell,TheSilverSuite,MellorHouse,CbarlesStreetWindsor,
Berkshire

lulianMacBain Bcnello, 143 Longwwd AvC~U~, Apamnent 4, Brmkline,
Massachusens02146,United Stateof America
1
Lawrence Ray Berna, 2828McWey Street$elau, Michigui 48118, United

Stateof America l
I
PhilipVernonBetgstrorn400South Lake Street+partment 9, CMA ForestMe,
Minnesota55025, UnitedStateofAmerica
i
AlistairDavidBerkley,30Sumn Square,budoni

l
MichaelStuartBernsteina12 CairnTerrace,nethesda,Maryland 20817, United
StatesofAmerica 1
l
StevenRussellBerrellaged20 years1216South ymth StreetFargo,NorthDakota
58103, UnitedStata of America
1
NoelIeLydie Berti,1RueD'henomville, Paris,France754017
a

SurinderMohanBhaLia 810 CaminoReal Road, 2b Redondo Beach,Las Angela,
Californi9û277, UnitedStatmof America I

KennethJohnBissen, 120EastHadale h ven upam,nenf IK,Hansdale, New
York 10530, UnitedStateof America I
I
I
Diane AM Boaman-Fuller,58Swinburn Court,Bi1chedowneRoad,DenmarkHill,
London

StephenJohn Boland, aged 20 years4 Cenniry boaci. Nxhua, New Hampshire
03M, UnitedStateof America J
I
1
Gfenn John Ebuckley,7300CedarposRroad, Ap-ent Cl, Liverpool,New York
13088, UnitedStateof America I

PaulaMarie AldermanorBouckiey,7300 Ced~pos i oad,Apamnent C1, Liverpool,
New York13088 U,nitedStateofAmerica I
l
Nicol Elbe Boulanger46 Wonhington Avenue,~{rewtbur-y,Masachurem01545,
UnitedStatesofAmerica l
I

ÇGD JAMES T. MacDOUGALL

Proc ratorFi sd FrancisEoyer,4 Place De L'EpetonLotissement, uzeville,Touiosane1320,
France

NicholasBright,7 BdsStreetBrooWine,Massachusetts02146,UnitedStatesof
America

DanjelSolomoBnrowne Beer),Kibbutz,Pardl,NorthernIsrael

ColleeReneeBmnner, aged 20years,71a4ParksideDrive,Hamburg,NewYork
14075United StateofAmetica

Timothy Guy Buman, 49A HothamRoad, London

MichaelWarrenBuser, 99 TeaneckRoad, RidgefielPark, New Jersey07iW3,
UnitedStateof America

Warren MaxBuser, 169 HillmanAvenue, Glenrock,New Jersey07452, United
StateofAmerica

StcvenLee Butler,1141SouthCIarksonSueet,Denver, Colorado80210U ,nited
Stateof A~erica

WillliamMartinCadman, 13Surrendalelace,hndon

FabianaBenvenutoorCaffarone,21Dome PIace, London

HermanLuisCaffarone,2 1Donne Place,London

ValerieCanady, 127Jackson Avenue,SouthPark, Motgantown,West Virginia
265056567, Unitd Stateof America

GregoryJosephCapasso ,841East33rdStreet,BrookiyNew York 11234,United
StateofAmerica

TimothyMiehaelCardwel l,1, 8ox 203,Cresco, Pennçylvani18326U ,nited
Stateof America .-

BemtWilmarCarlsson,Apment 30,207 Wwt 106t htreetNewYork, New York

10025,Unitd Stateof America

RichardAnthony Cawley,241 CentraPark West,New York, New York 10024,
Unit4 Stateof America

Fd Ciulla29 ClifforDrive, ParkridgNew Jersey 97656, UnitedStateof

kmerica

SGD JAMES T. MaeDOUC-ALL
ProcuratorFiscal l
!
Tbdora EugeniaCohen, aged 20 years67 Wikcsnsin,LangIsland,New York
I
11561,United Stateof America l
l
EricMichaelCoker,aged 20y-, 137HilltoRoy, Mendham, New JerseyM945,
UnitedStatesof Ameria
I
JasonMichsel Coker, aged20 years,137 ~illtd~Road, Mendham, New Jersey
07945,United StateofAmerica
1
Gq Lmnard Coltsantiaged 20 years60~aifidd Road, Melrose,Massacbusens
1
02176,UnitedStatesof Ammica l

BridgetMuIroyorCoocsnnon, 20 Nufield Drivelanbury,Oxfordshire

SeanConcannon,aged16years, 20Nufield n riv eanbury,Oxfordshire

ThomasCancannon, 20 NufieldDrive,Bmbury,(~xfordshire

Traceylane Corner,aged17 yms, 12 ringfi fievenue,MiIlhousa,Sheffield
l
ScotMarshCory, aged20years,24Chadwick Dqve,Old Lyme Court,Connecticut
06371,uni& StatesofAmerica ,
I
WilIihrry Coursey,307CrshamDrive, SanAntonio,Texas78218, UnitedStatzs
ofAmerica
I
PatriciaMaryCoyle,aged 20yean6 ,2SeiterH~IRoad, Wallingford,Comeciicuf
W92, UnitedStatesof America I

JohnBinningCummock2 ,71 VistaIrnStreetCota1Gables,Florida33143,United
StataofAmerica ,
I
JosephPatricCurry,8858 BeachSireetFOR ~evhs, Massachusen 0s1433,Uited
StateofAmerica 1
I
60. WilliamAianDaniels,20Sweet BriarCourtBelle mea adewJersey 08502,Unit&
I
StateofAmerica
1
61. GretchenJoyce Dater,aged20 y-, 27 ~ohawI Drive, RamseyN ,ew Jersey
07446U,nitedStasesofArnerica
1I
62. ShannonDavis, agd 19 years,32 kinglas Road, Shelton, Connecticut 06484,
UnitedStateofAmerica i

63.1
l

SGD JAMEST. MacDOUGALL

ProcuratoFriscal GabrieleDella-Ripa,4% PlainfieAvenue,FloralPark,New York 11001,United
Stateof Ainerica

OrnDikshit, 2955WylieDrive,Fairborn ,hio45324, UnitedStatesof America

JoyceChristineDimauro,352East18thStreet,NewYork, New York 10003,United
Stateof America

GianfrancaDinardo,Fla4, 24Clanley GardensS, outKensingtonZ, ondon

PeteThomas StanleyDix,52 CobornRoad, &w, London

Shmi Devi or Dixit, 2955Wylie DriveFairbrn,Ohio 45324, UnitedStatesof
AmerIca

DavidScottDomtein, 7703 SeminoleAvenue,Philadelphia,Pennsylvani19126,
UnitedStateof America

MichaelJosephDoyle, 17ArcadiaDrive, Voorhees,New Jersey08043, Unit&
Stateof America

Edgar ~owârdEgglestonID,RD4, Box 295A, GlenFalls,New York12802, United

Statesof herica

Siv UllaEngstrom,6 Rays Avenue,Windsor,Berkshke

TurhanErgin, 97 CliffmorRoad, WestHartford,Connecticut06105,UnitedStates
of America

CharlesThomasFisherIV, 19BeaufortGardens,FEat4, Chelsea, London

CiaytonLee Flick,68 RugbyRoad,Binley Woods, Coventry

.Joh natrickFlynn, 10 WestLake Drive, Monwille,New Jersey 07045, United
StatesofAmerica

ArthurJay Fondiles,9 SeymourPlace, West Armonk,New York 10504, United
StatesofAmerica

RobertGerardFornine,34-0580thStreerJacksonHeights,NewYork 11372,United
StatesofAmerica

StacieDeniseFrankIinaged 20y=, 1366Thomas Avenue, SanDiego,Califofnia
92109, UnitedSute of Ameria

SGD JAMES Y. MacDOUGALL

Procuraor Fiscal PaulManhewStephei Frcernan,19Manor~ansions. BelsizeGrove,London

JunwRaiphFuller,351LonepineCourt, ~loornf küIs,Michigan48013 United
Statesof America I
1

hlya Robeme DmckerorGabor,Wwselenyi6jBudapest,Hunga~y

AmyBethGallagher , 46Vista,PointeClairQpebecC , anada

Marchew KevinGannon,611North ArdrnoreL, ns!Angeles,Gaiifo90004U,nited
Statm ofAmerica l
I
l
KennethRaymond Garcqmlri,1673Hudson AV~+ NortùBmnswick,NewJersey
08902, UnitedStateofAmerica
i
Paul haac Gmen, 482 Cros StreetNapa, ~Gifornia94559, UnitedStatesof
America
l
KennethIama Gibron, aged20years,61502InfqtryAmy Post mce, New York,
New York 09742, UnitedStateof America
1

William~a;id Giebler52 RadcliffeSquareonb bon
l
Andrew ChristopbeGillies-Wrigh, EsherMews, Mitcham,Surrey
I
OIiveLeonoraGordon, 182WilliamBonney &$te, Landon

LindaSusanGordon-Gorgac 5z,DevereGarda4 Kensington,London

Anne Madelene Chabackor Gorgaez, 5 East ydlace Avenue, Apment 201,
Newcastle,Pennsylva n6101,UnitedStateof hmeria

LorcttaAnne Gorgacz,5 East Wallace~vediie, Apment 201, Newcastle,
Pennsyivania16101,UnitedSUteçofAmerica i

DavidJayGould, 5883BKtlen StreetPimburg~, enns~lvan15217,UnitedStates
of America l

Andre NikolaiGuevorgiam8,CvrpsntcrPlace,SesClif Lf,ngIsland,New York
11579,UnitedStatesofArnerica I

NicolaJaneHall,34 SecondAvenue,Illovo,andt t21n96,SouthAfrica
1
l

SGD JAMES T. MacDOUGALL
ProcuratoFiscal LorrainFrancesBuserorHalsch,24Cmborne Circle, FairpNewYork 14450,

UniteStatesof America

Lynne CaroHartunian5 Tamarack Lane,SchenectadyNew York 12309,United
StateofAmerica

AnthoayLaceyHawkins,805 East21stStreeBrooklyn ,ew YorkI 1210,United
StateofAmerica

ParnelaElaineHerbertaged19years,378 ParkwayDrive, BardeCreekMichigan
49017,UnitedStatesofAmerica

Rodoeyf eter Hilber117 SouthCongras StreetNewtown, Pennsylvgn 18a940,
UnitedStateof Amezica

AlfredHillHeimenhofens~ass e,8972 Sonthofen,West Germany

KatherineAugustHollisteraged20years,64-199thStreet, Apment 604,Rego
Park,New York 12374,UnitedStatesofAmeriça

JosephinLisaHudson,Rat 4, AnouWilsonHouse,NorthW ing,RoehamptonLane,
1
hndon

MelkaKristinaHudson, aged 16years, 12Lanater StreetAfbany,New York
12210,UnitedStataof Anerica

SophieAilettMiriamHudson, 14 RueTherese,Paris75001,France

KarenLeeHunt, aged20 years,477Maplewood sane , ebster,NewYork 14580,
UnitedStateof Arnerica

RogerElwwdHurst, 43 LakeRicondaDrive,Ringwmd, NewJersey 07456,United
Stateof America

Elizabe Stphielvellaged19years,24 HighSem, RobertsBridge,EasSussex

KhaledNazisJaafat,ged20 years,651Manor Stree Dearbarn,Michigan48126,
UnitedStateofAmerica

Robertvan Kouten Jsk, 145 Me DriveMountainMes, New Jerse07046,

UnitedSut6 ofAmerica

PaufAwon Jeffreys8 OrcbardCottagesCliftonMad, KingstonUponThames,
Surrey

SGD JAMEST. MacDOUGALL

ProcurawFriscal I

113. RachelMary Elizabe JohesorJeffrey8,0r+d Comga, ClifionRoad,Kingston
UponThames,Surrey l
I
114. KathleenMarylemyn, aged10 y-, 35 ~heri'daalaceSrnetenslandNewYork

10312,UnitedStatesofArneria

115. BethAm Johnson ,26Wren Drive,~reensburgP, enusylva n5601,UnitedStates
ofAmerica l
I
116. Mary LinuilnJohnson, 18 Adams Lane,way(and,Massachusetts 01778, United
StateofArnerica l
l

117. Timoth ByaronJohnson,2024West hke Aveeye,NeptuneTownship, New Jersey
07753 , niteStateof Arnerica I
I
118. ChristopheAndm Joncs ,ged 20 y-, courts ïme, Claverask,New York
12513,Unit4 Stateof America I

119. l
JuliarineFrances Kelly,agd 20 y-, 31 ,MassachusettsAvenue, Dedharn,
Massachusetts02026,UnitedStateof Ameria j
I
120. Jay osep f<ingham,10821 Sfanmor erive,totomac, Maryland20854, United
Statesof America
1
PatriciaAm Klein, 1108 Hamilto Anvenue,ifenton, New Jersey08629,United
Stat eskmeria i
l

GregoryKosrnowski, 3253 Tipbcu LakeRoad,/Milford,Michigan 48042, United
StatesofAmerica
l

Minas ChristopheKulukundis , ShalcombStreetLondon
l

RonaldAlbe* Lariviere, 200 No* Pickm SLW Ap-,ent 903, Alexandria,
Virginia22304U,nitedStatw of America l

MariaNievesLarrrcoediea,Caste11803,~adrid28006, Spain

RobenMiltonLeckburg, 601 PlainfieldAvenub,Pisutaan, New Jersey08854,
UnitedStatesofAmerica 1
I

128. WilliamChaseLeyrcr,52 Maple Avenue,~a~shoieNew York 11706,UnitedStates
of America i

SGD JAMES T. MacDOUGALL
Proçuratoriscal Wendy AM^ Lincol 294 NotchRoad,NorthAdams,Massachusett05247United
StatesofAmerica

AiexandeLowenstein,24Old achard bad, Mendham Township, Modstown,

New Jersey07960 ,nird Stateof America

Lloyd DavidLudkowR, eadquartesQ Company4 , tBrigad e,my PostOffice,
New York,NewYork 09185UnitedStateofherica

MariaTheresiaLurbkeArnsbergeSuasse47,5983Balve-BeckumW, esGermany

JamesBruce MacQuarrie,32North Raad,Kensington,New Hampshire03833,
UnitedStateofAmerka

WilliamJohnMcAiEister,24PeregrineRoad,Sunburon Thames,Middlesex

DanielEmmet McCarchy,127 92ndStreetBrooklyn,New York 11209,Unitd

StateofAmerica

RobenEugene ~c~oilum,1248ThomasRoad,Wayne, Penosylvaai19087 ,nited
Stateof America
1
CharlesDemis McKee,HOSUSAIntelligence SectioCommand, ArlingtoHail
StationVirgulia2221UnitedStateof Arnerica

BernardJosephMchughlin, 108Norwd AvenueC,ransto nale Island02905,
UnitedStateofAmeh

LiiibetTobilaMacaloloo, orfeldStrass97,6092Kelsterbach,estGermany

WilliamEdwardMa~k, 202East92ndStreetNew York,New York 10128,United

SutesofAmerica

Douglas~'u~ene aliate, 9SignalBaDaiioo,rmyPostMce, New York,New
York02028 ,niteStateofAmerica

142. Wendy Gay Fors* or Malicot97tbSignalPlatmn,US Amy Base,Mamheim,
WestGermany

143. ElizabetLilIiMarek,202West 92ndStreeNew York ,ewYork10025, United
Stateof America

144. LouisAnthony Marengo,1579StoneyCreekDrive, RochesteMichigan48M3,
UnitedScateofAmerica

SGD JAMES T. MacDOUCAU
RocuratorFiscal Noel GeorgeMartin.dso hown asJosepEhmnanuei Barrey, 1 AshdonHouse,
North OIdRoad,Clapton,Gloucestershire i
l
DianeMarieMaslowski,130ProspecRoad,Haddunfidd ,ew Jersey08033,nited
Stateof America

JaneSwan Melber,17 MelroseGardensBurnt Oak,Middlesex
1
JohnMerritl,1HeathHdl, HighStreeîBaldock,bertfordshire
l

SuranneMarie Miazga,RDI, Box 221,Bentondoad, Marcy,New York 13403,
UnitedStateofAmerica 1
l
JosephKennethMiIlet381WestwoodRoad,Wdmere, New York 11598,United
StateofAmerica 1
l
JewelCoumey Mitchell, 11% UniooShw, 3r4klyn,New York 11225,United
Stateof America I
l
Richar Paul Monmi, aged20 ym, 1615 LongfellowDrive, CherryHiiNew
Jersey08003U,niteSutesof Arnerica
l
JaneAm Morgan,Flat1,10 BrornptoSquare&don
I

EvaIngeborgFu& orMorson, 185East85t h@&, NewYork, New York 10028,
UnitedStateof America
I
HelgaRachaelMosey, aged19 years,42 TitfosdRoad, OIdbury,WârleyWest
Midlands i
I
IngridElisabethSvemtonor Mulray,~amnarsva~nL126,22246Lund, Sweden
l
157. John Mulroy,35Cherrywood Drive,EastNorthi~olt,New York11731, Wited
StateofAmerica
1
158. ScanKcvin Mulro,Kamnanvagen ,L126,22246(Lund,Sweden

I 159. MaryGeraidineMurphy, 1CrancbrookManorR~ Lwickenham , iddlesex

KarenElizabethNoonanaged20 yas, 11901 Glenml Road,Potomac,Maryland
160.
20854,UnitedStatsofAmerim i

161. DanielEmmett O'Connor 1,LawlcySem, drcbIster, Masspchurc~ 02122,
UniteStatesof America
i

ÇGD JAMES T. MacDOUGALL
ProcuratoFisal Mary Denice OmNeiI1,675Metroplitan Avenue,Bronx,New York 10462, United

Stateof America

Anne LindseyOtenasek,110TunbridgeEload,Baithore, Maryland21212,United
Stateof America

BryonyElbe Owen, aged1 year,59 ChelseaPark,Egston,Bristol

GwynethYvonneMargaret Owen, 59 ChelseaPark,Easton,Bristol

LauraAbigailOwens,aged8 yas, 101RockingbarRnoad,CherryHill,New Jersey
08034, UnitedStatsof Ameria

MarthaIve or Owens, 101Rockinghm Road, CherryHill, New Jersey08034,

United $tataof America

RobertPIackOwens,19 1RockinghmRoad,CherryHill,NewJersey 08034, United
StatesofAmerica

SarahRebecca Owens, aged 14years,101 Roekingha Rmoad, CherrHill,New

Jersey08034, UnitedStateof Arnerica

RobertItdo Pagnucwo ,sdeta Road,SouthSaiem,NewYork 10590,UnitedStatm
ofAmerica

ChristosMichaelPapadopoul o17,Harhrview, NorthLawrence,New York
12938, Unit& Stateof Ametica

Peter Raymond Peirce, 860EastBoundqStreet, Perrysburg,Obia43551,United
Stato efArnerica

MichaelCosimoPescatore,5482Banbery DriveMedina,Solon,Ohio 44139,United
StatesofAmerica

Sara husannahBuchanan Philipps,aged20 years,78 Hull StreetNewtonville,
Massachusett02160,United Stateof America .-

FrederickSandforPhiJIips,2Van Lee DriveLittleRock,Arkansas72205,United
Stata of America

JamesAndrewCampbell Pitt96CollegeStteef,SoutHadley,Massachusen s1075,
UnitedStatesofAmerica

DavidPIatt,76 BelfastAvenue,StatenIsland,New York 10306U ,niteStatesof
America

SGD JAMEST. MacD0UGAï.L

ProcuratoFiscal 1 I

i
178. WalterLeonardPorrer,85 Remsen Avenue,~r&kl~, New York 11212, United 1
Stateof America I
1
179. PameIaLynnPosen, aged20years,88HavilandRoad,Harrison,NewYork 10528, 1
UnitedStateofAmerica l
I
180. Williamhgh, 103South ClvernontAvenue,$argntc City,New Jersey08402, I
UnitedStateofAmerica 1
1
181. CrisostomEstrellaQuiguyan,7ParkView, M;& Park,WembleyL , ondon u

182. RajeshTarsisPriskelRames,10EanneldCOU&/ EastileRoad,Leicester
I

183. AnmolRattan,aged2y=, 24381Panama ,arren, Michigan4801,UnitedStates
of America 1
l 1
184. GarirnDixitorRattan, 2430Panama , arren,~ichi~an48091,UnitedStateof
Amerjca I I

185. SuruchiRaw, agd 3 years24301PanamaW, =!~I, Michiga48091,UnitedStater
of America I I
8 I
186. AnitaZynnReves, 801 FairlawAvenue, ~~*ent4, Laurel,MaryIand20707,
UnitedStatleof Arnerica

187. Muk Alpn Rein,220East63rdStreetNew~ork: New York 10021,UnitedStates
I
of America I

188. IoeelynReina,732GreatWesternRoad,~slewod!, Middlesex u
l
189. DianeMarieRencevicr, 325 West Union Sem,/ BurliogtonNew Jersey08016,
UnitedStatesofArnerica I
1
190. LouiseAm Rogers,3508Sundown Famis Way, Olney, Maryland20832 ,nited
Stateof America I

192. JanoGsaborRoller,Vac,KotoUtca 7,H-2600$ ,ungary
1
Zsurs-a Pis& orRoller,Vac,KatoUtca 7,H-4600,Hungary
193.
I
194. HanneMaria MaijdaorRmt, 20West72nd Strd lpartmen t09,New York, New
York 10023,UnitedStateof America I

I
I
I SGD JAMES Tm MacDOUGALL 195. SaulMark Rosen, 116Burnham Road,MorrisPlains,New Jersey07950,United
Stateof Amerjca

196, AndreaVictoriaRosentha784Park Avenue,NewYork, New York 10021,United
Stateof America

197. Daniel PeteRosenhal,aged20 years,36Hamilton Avenue, StateIsland,New
York10301, UnitedStateofAmerica

198. Myra JosephinRayai,30 CIitherowAvenue,HanwelILondon 1

199. ArnaudDavidRubin,68 Avenue Des CroixDu Feu,Waterlao1410,Bdgium 1

200. Elys eeann earacenaged 20 y-, MewsRwm 17, 1ParkCrescentMewsEast,
London

201. ScottChrisfophSaunders,2996Macungie Road,Macungie,Pennsyivania18062,

UnitedStateofAmerica

202. TeresaElizabeJaneWilsonor Saunders,124PeregriRoad,Sunbury onThmes,
Middlesex

203. JohannesOrtoSchaeuble,Kappelfnweg 6,7407 Rottenburg,Wudiogen, Wst
Gennany

204. RoberThomas Schlageteaged20 y-, 814West Sbore Road,Warwick, Rhode
Islan02889,UnitedStateof Americd

205. ThomasBrinonSchultz,stge20 years,142 Wilton Road, RidgefiConnecticut
06877,UnitedStataofAmerica

SaliElizabetScott,4 WoodvdeLane,Hnntington,NewYork11743,UnitedStates
206.
ofAmerica

207. Amy ElizabethShapir77 BrookRun Lane ,tamford,Connectict6905,Unit&
Stateof America

208. MridulShastriRoom1, SCJohnsCollege,11StJohnsStreetOxford
1

209. Joan Lichtenst oeibneanshang,East89thStreetNew York,New York 30128,
UnitdStatesof America

210. hing StanleySigal, 12East DeiawareAvenuePennington,New Jersey08574,
UnitedStatesofAmerica

SGD JAMES T. MacDOUGALL
ProcuratorFisd 1
21I. Martin BernardCarnithersSimpson,249 GarfieldPlace, Brooklyn, NewYork
11215,UnitedStateofAmerica

212. IrjaSyhnoveSkabo,Ankerveien17-0390,Oslo,Nonvay

213. CynhiaJ0~Smith,340BrookRoad,Milton,~arsnchu~ens02186,UnitedSbttes
I
ofAmerica

214. IngriAnitaLeadgard orSmith,MalthousCode ,, ChurchLane, Bray,Berkshire
I
215. JamesAlvinSmith,139Ear 35rhSneec,~ew Y&, NewYork 10016,UnitedStares
of America I
l
216. Maq Edna HallorSmith,97thSigna Battalio, my PostOfFiceNew York, New

York09028, UnitedStateofAmerica

217. GeraldinAnne O'GaraorStevenson44 Manor~kd, South HinchleyWood,Esher,
Surrey

21 Hm& Louise Stevenson,ged10 years,44 or &ad, SouthHinchleyWd,
Esher,Surrgy 1
I

219. John CharlerStevenson44 ManorRoad, SoutheInchleyWood, Esher,Surrey.

220. RachselStevensonaged 8 y-, 44 Mmcr oh, SouthHinchley Wd, Esber,
Surrey

221. CharlottAm McGuire orShen, 1526~imd Leaf Lane,DuncanvilleTexas
75137,UnitedStateofAmerica l

222. MichaeIGq Stimen,1526 Lime Leafhe, Duncanville,Texas 75137, United

StateofAmerica

223. StaceyLmeStinnm, nged9yws, 1526~mkLuf he, Dununviile,Texas
75137, UnitedStateof America

224. JamesRaiph Staw,205 East95thStreet a, rde 3n1t,New York,New qork
10128,UnitedStateofAmerÏca l
l

225. EiirG Saatis,57 longridgRoad,Monnaie, N+ Imcy 07615,UnitedStateof
America
i
226. AnthonySelwynSwan, 41HalseyStreetBrookl*,New York 11216,UnitedStates
of America 1

SGD JAMES T . MacDOUGALL

ProcaratoFiscai FioraMacDonald MargaretSwire, WlIljamGûodenough House, Meckleoburgh
Square,Bloombury,London

MarcAlex Tager,3 CedarsClose, AendonLondon

HidekaniTanaka,FIat6,1IO GloucesteTerraceZondon

Andrew Alexande Trran,aged20 y-, PearsonCoHege,Yale UniversityNew
Haven, Co~eaicut 06520,United Stateof America

Arva Anthony Thomas, aged17 years,140'7Marlowe,Detroit, Michiga48227,
UniteSbtw ofAmerica

JonathanRyanThomas, aged 2montbs, 15838HardenCircleSouthfieldMichigan
48075, UnitedStateofAmerica

Lawanda Coleman or Thomas, 5838Harden Ckcle,Southfield,Michiga48075,
UnitedState~ofAmerica

MarkLawrenceTobin ,6 SePaulsRoad,North Hempstead, New York 11550,
UnitedStateof America

DavidWilliam Trimmer-Smith,222 East56thStreeA tpartmentSA, New York,
NewYork, 10022,UnitedStatesofAmerica

AlexiaKathrynTsairis,aged20 years,379 VanceAvenue,FranWy~Lakes, New
Jersey07417, UnitedStatof kmerica

Barrylosep Vhalentin119Haight StreetAparûnent16,SanFrancisco,California

941M, UnitedStatesofAmerica

TomasFlomvan Tienhoven,JoseC faz,738 AccassusoB,uenosAirs, Argentha,
and aisoat11ArgyllRoad,hndon

Asaad EidiVejdany,32 Somerset DriveSouth, GreatNeck, New York 11020,

UnitedStateof America .-

MilutinVeIimirovic3,3DorsetWay, Heston,Hounslow,Middlesex

NiciiolaAndras Vrenios,aged20 years,,a2832nd StreetNW WashingtonDC
20015,Unit4 StatesofAmerica

PeterVulcu,1541Overlmk,Alliance,Obio 44601,UnitedStateof America

SGD JAMEST. MacDOUGALL

ProcuratoFiscal 243. RaymondRonald Wagner, 165 Pcnnington-H&unon Road, Pcmiogton, New I
JerseGS534,UaitedStateofAmerica i
1
244. JaninaJozefaRusniakorMitkaorWaido,2257N1rth LavergneAvenue,Chicago, I
IIlinois0639,UnitStateofAmerica i
1
245. nomas EdwinWlllru,192TaylorStreetWallaspn,Quiocy,Masuchuseîts170, I
UnitaStateof America l
I
246, KeshaWeedon, aged20 y=, 2525 Aqueduc4lenue,Bronx,New York 10468, I
UnitedStam of America l
l
247. JeromeLee Weston, 3134 Eastern Pukway, Bpdwin, Long IslanNew York
f1510UnitedStateofAmena I

248. Ionaman White , 1229BlixStreetNoRh ~oll~ood, Caiifornia 9162United
Stateof Americsa
I
249. BonnieLaigh Rafferror William516th~n~ inmpbany,Amy Pest Ofice,
NewYork,New York 09165UnitedStateofAmerica
1
250. BriannyGigh Williams,aged2 months,516th/Engine+rCompany,Amy Post
OfficeNew York,NewYork 09165,UnitedStal ofArnerica
l 1
251. EricJoo Willi-, 516thEngine CompanyGyPost (mice,New York, New
York 09165,UniteStatesofAmerica I
l 1
252. GeorgeWoteisonWilliams,305GameaRoad,~o&a. Maryland21085,UniteStafes
ofAmerica
i I
253. Stephanie cigWilinmr a,ed1year,516t~hn~her Company,Amy PostOfFice,
New York,NewYork 09165,UnitedStateof eerica n
I
254. Miriam LubyWolfe,aged 20years,120~enoed~Drive, SevernPark,Maryland
21146,UnitedStateofAmerica 1 rn

255. CbelseaMarieWoods, aged10months,Apulment 1151,6750Vogelweh~ousii~,
West Germany 1
l
256. Ddera LynnCopeland orWoods,Aparünent11511,67 V5bgeiwehHousingWest
I
Germany i
I
257.1 I

I
SGD JAMES T. MacDOUGALL

Procuratoriscal 1257. Joe NathanWds, Apment 1151,6750VogelwehHousing, Wst Germany

258. JoeNathanWoodsJnr, aged 2 yearsApamnent 1151,6750 VogelwehHousing,

West Gemany

259. Marklames Zwynenburg, 151 Foxwd Road, West Nyack, New York 10934,
UnitedStateof America

ÇGD JAMES T. MacDOUGALL
ProeuratoFiscal

SCHEDULE 21 !
I

SCHEDULE 2
m
1. loanneFlanniga aged10 years16Sherwood qescent, LockerbDumfiiesshire
I
2. Kathleen Maq Doolm or Flamigan, 16 $hcnvwd Cracuir, Lockcrbie,

3. ThomasBrown Flannig a6Sbenwod Crercent,Lockerbie,Dumfriesshire
I
4. DoraHensiettaMoffator Henry, Arranmore13Shewood CrescentLockerbie, 1
Durnfriesshire l

S. MauricePererHenry, Arranmor13 SherwooddracentLockerbie,Dumfriesshire
I
6. MaryBrowellorLancaster,11Shewd Crescentbckerbie,Dumfriesshire
I I
7. Jean AitkeMurray,Westerly14Sherwood~rdcent, Lockerbie,Durnfriesshire
I
8. JohnSommille, 15 Shemd Cresceni,hckerblI, Dumfrisrhire

9. Lynsey A4e Sornervilfaged 10 years,15 SherwoodCrescent,Lockerbie, I
Dumfriesshire
1 . Il
10. PaulSomervilleaged13y-, 15Shewd Cr'1ent,LockerbieDumhiesshire

11. Rosaleen Leiter Hanney or Somervill15 khewood Crescent, Lockerbie, I
Durnfriesshire
i

SGD JAMES T. MacDOUGALL 1
ProcuratorFiscal

IAnnex 18 SUMMARY OF SCOiTISH CRIMINALPROCEDURE

IN MUROERCASES

1. CriminalProcedureinScotiandinrespectofserioucrimes,includimurder ,nvolves

triaon indictrnebeforea Judge anda Juryof fifteenpersons.Altriaformurder

must takeplace beforethe HighCourt of Justici("theHigh Court"),whichisthe
SupremeCriminalCourtin Scotlandand are normallpresidedoverby one Judge.

The HighCourt also sitsasa Courtof CriminalAppeal,normallypresidedoverby

three(differen)udges.TheHighCourtmaysit asa trialCourtanywhereinScotland,
but sitalmostcontinuouslinGlasgow and Edinburgh.TheCourtofAppealsitsonly

inEdinburgh .ighCourtjudgesareappointedbythe Queen ontherecommendation

oftheGovernmentb ,utenjoycompleteindependence fromGovernmentand canonly
be rernovedfrom officefor rnisbehaviornd followina vote by bath Housesof

ParliamentoftheUnitedKingdom.Nonehasbeenremovedsince beforetheUnion

ofthe ParliamentçofScotlandandEnglandin 1707.

2. Prosecutionsfor serioucrim enScotiand are broughtby thepublicprosecutor.

Ajthough the High Courtmay granf leaveto a ptivatprosecutorwho has been
affectedbya criminalacttobringctiminaproceedingwshere thepublicprosecutor

hasdeclinedto prosecutesuch casesarevery rareanlytwohavingbeen broughtto

bialmiscentury.Inpracticealcriminalproceedingasreatthe instancofthepublic

prosecutorC.riminandiçtment srebroughtinthenameofandonthe authorjtofthe
LordAdvocate as thechiefpublicprosecutoforScotland.

3. The LordAdvocate isa LawMficerofthe Crownandlegaladviser inScotlandtothe
Govemrnent,aswellas the head ofthe publiprosecutiosnervice.tioweverin his

reçponçibiliyordecisiomakinginrelatiotocriminanvestigationand proceedings

he act ndependenti y f,anisnotsubjecttodirectiby,theGovemmen t ftheday.
The LordAdvocate, togetherwiühisdeputy,the SalicitorGeneralfScatland,and

thirteeAdvocate Deputes,appointai byhim,collectiveconstitutCrown Covnsel
inScotland. AdvocateDeputes areexperiencedCourtlawyersusuallyappointedfor

aterm ofthreeyears.They arenotpoliticlppointees.ProsecutionseforetheHigh

Courtof JusticiaiyaconductedbyCrown Counsel.CrownCounseI arebasedatthe
Crown OfficeinEâinburghwhich isalsothe Headquartersofthe ProcuratoFiscal

Service ,hepublicprosecutiosnervicinSmtiand. 4. The ProcuratorFiscalisthe locarepresentativofthe LordAdvocateandisthe public
I
prosecutor actingwithina definedgeographicaldisdct. There are 49 Procurators
I
FiscalinScotland. TheProcuratorFiscalisacareerpr8çecutorappointedby the Lord
Advocateof the day and his appointmentdoes nbt terminate on a change of
I
Government.Prirnary responsibiliforcriminalinvestigatiandfor theinstitutioof
I
criminalproceedings inScotland lieswiththe~rocura'toFiscal.

5. The Procurator Fiscaliç under a dutyto investigateal1suspiciousdeathçand is

entitledto direfhe policeto conducet nquiriesonhisbehalf.

6. In cases where accused persons are tobe found beyondthe United Kingdom,the

ProcuratorFiscal ir requiredtoreportthe evidence IoCrown Counsel before any

effortsare made to apprehendthe accusedand no Iequest may be mada forthe
surrenderorexiraditionof aaccused personwithout the authoritofCrownCounsel.
l
Incasesofparticulairmportanceorcomplexity,the ProcuratorFiscalreporttoCrown
I
Gounsel during theinvestigationof thecaseandis subjectto theidirection.

7. The initistages ofseriouscriminalroceedingsareins'titutby theProcuratorFiscal

beforethe SherifCourt,which isthelocaCourt havingjudsdictiointhegeographical
districtfowhichthe Procurator Fiscahasresponslbilib. TheJudge presidingover

the SheriffCourt is the Sheriff,who is a legaliyqudifiJudge havingextensive

jurisdictiin respectolcriminaland civilmattersThe!Sherifpresidesovercriminal
trials,without~ury,in les seriouscasas anciwit h Juryindi butmemost serioui

cases.The Shedfiisnot empowared toprasideal thé triaona charge of murder.

1 8. Criminaiproceedingsinrespect ofdl seriouscharges,includingmurder,arenormaily

instituteby the ProcuratorFiscalpresentlnga petitiotothe SheriffsMng foith a

criminalcharge orcharges and applyingfor awarrant foraiearrestof theaccused.
The warrantenablespoliceofftcers to arresttheaccuse dnd bringhimbefore the

SheriffonVie nextweekday followinghisarrestwilhiShand. Priorb beiyl bmught

before the Shenffaie accuçedisserved with a çopy of thepetitioncontainingthe
crimind chargeorcharges and isentitletoa privateinterviewwitha lawyer(known

as a Solicitor)ualifietlo appearbeforethe Sheriff. Anaccusedpersonwhohas

been arrestedonwarrantis detainedinpolicecustodyunülhisfirstappearance before the Sheriff.
-, '._

9. The accuse mdayinstructa solicof hichoice or,ihe hasno solicitor,rnaychoose
tobe repreçentedby aduty solicitoractingundEhelegalaidscheme.Freelegalaid

is availableatail stagesofcriminatprocsedingsin Scotlandto ensure the legal

representatioonaccused perçonswhoarenot abletomeet theexpense ofinstructing
Iawyers on theibehaif.

10. The Sçottishlegaprofessionisan independent professionornpnsing(a)solicitors
who are qualifito appearin the Sheriff Couand some of whom have a rightof

audience intheHigh Courtand (b)advocates('Counsel'),whare qualifietoappear

in alCourts, Personsaccuçedof murderin the HighCourthave the servicesofa

solicitorandnormallyoatleasttwoadvocates,Accused personsrnaychoose whom
theywish toact forthem. In practicepersonçcharged with murderare normally

repreçented bythe mostexperiencedadvocates specialisinin criminal law, Oneof

these wilusuallybeaQueen'ç Counçel,ie. memberoftheSenior Barwhich isthe
corpsof the mostexperienced Counselin Scotiand.The Facuttyof Advocates (the

professionalbody to which alCounsel belong)will always ensure thata person

accus& of murder hasthe serviceof SeniorCounsel ithisisdesired.

The initialcouappearance ofthe accused takesplace iprivatebeforethe Sheriff.

The accused is accompaniedand represented by his solicitoAt thi searingthe
ProcuratoFriscalrnaymove toconduca tjudiciaiexaminatiow,hichispresidedover

by tfieSheriffandawhichtheaccused personmaybe questioned bythe Procurator

Fiscalconcerningrnatteaverred(ie.alleged)inthechargeorchargesandas tothe
allqed making ofany confess tioninthe hearingofpoliceofficers. Thepurpose

of a JudicialExaminatioiçto eiianydenial, eqlanation,justific ortomomnent

in respectof such rnatterand to give the accusedaie opportunityto stateany
category ofdefenceandthe natureand particulaofmatdefence. The accused is

entitledtconsulthissolicitbeforeanswering anyquestionand isentitledtodecline

to answer any question. Commentrnay onlybe madeat thesubsequent trial in
relationtoany refusalto answerquestionsin theeventthatthe accusedor any

witnesscalledon his behalfin evidenceavers çomethingwhich couldhave ken

statedappropriatelyinançwer to a questionput to him atjudicial examination.A verbatirn recorismade ofa judicialexaminaiion.

12. AttheinitiahearingtheProcuratorFiscalmayalsomdve forcornmitta1ftheaccus&
toprison"forfurthexamination" (iependingafurthdrappearance)andthe accused
l
willtbereafterbe detajneforaperiodnot exceeding10 days beforebeingbrought

back for a furtheappearance before the Sheriff.The procedure of judicial
examinationcan takeplaceat the initialappearanLeiarethe Sherifdor at anytirne

durlngtheensuing10 days. Furthemore, theaccuse mhayatany tirnif hwishss,

appear beforetheSherifinprivate,inthepresenceofhissolicitand theProcurator
Fiscal,tomake a judicideclaratioinregardto theiharge orchargesagainsthim.

The ProcuratorFiscamay move to çonductajudiciexamination inrelationtwhat

isçaid insuch a declarationn the çamebasis as mentioned above. A verbatirn
recordlodso made ofa judicideclarationJudicialbiecikatiaare seldommade,
I
butthe procedureenablesan accused peson to giveadynoticeto the courtsand
prosaeutin guthoritieof manerswhichrnightnot odeWise behown tothem.

13. The accusec wiilnotlatethan10 days aftehisiniticourtappearance,be brought
back before ttieSheW for a furtherappearance inprivate,nt which stage the

ProcuratorFiscalwillrnovefor his cornmithi to pmDnuntilheis liberatin due

course oflaw.Thisisknownas"fullcomrniW"or"comLittalfortrialnandrernandthe
accuse pendingtriai. The ProcuratFiscalBrequirb to obtainthe instructionsof
l
CrownCounselbefore moving for full cornmiinany case ofmurder and Crown

Counsel arerquired tbe satisfied,beforeinstructheProcuratorFiscaltoproceed
to move forfulcomrnittathatthan isacasetoansderwhich couldbeestablished

byconoboratedevidence. In thcaseof most serioiscrimes theaccuse person

mayapp~y tor baiatanystage, butme ~herii~cannd gant bail imurdercases.

14. At allstagesfollowingthe initiaiappearanofthe akused before theSheriffthe

accusedis detained in prison and has extensive rightto communicationand
conçultaüoninprivatwithlegaiadviserforthepurposeofpreparationofhisdefence.
I

15. Anaccus&personwho hasbeenfullycommitted canjotbedetainedforlongerthan

80 daysuntesç an indichnentisselvedon him duringthatperiod. He cannot be
1
detained forlongethan 110 dayçunlessthetrialof hkcasehascommenced within "-&:'

thatperiod. Whileiisopen to the prosecutorIo appltott-ieHighCourtforextension

of theperiods of 80 and 110 days, in pfaciicksuch extensionsare normally only

grantedto the prosecutowheresomeexceptional circumstance haç arisenpreventing
thecommencementof the triaorwherethe High Court hasposponed the trialto

allowthe defencemore timeforpreparation.

t 6. The indictmentisthe chargingdocument upon which the accused içbroughtto trial.

ttmus? be servednot lessthan 29 dear days before the trial date. The indictment

containsfull detailçofthechargesa listothewitnesses who areto becalled by the
prosecutor anda list of the documentsand other articleon which theprosecutor

intendsto relinCourtat thetrialCopiesof al1thedocumentswhichtheprosecutor

intendsto useinCourt aresupplied ta thdefencefreeof charge. The defenceare
alsogivenfacilitiesforexaminationotheactualdocuments and al1otheritemswhich

aretubeproducec ii evidence.The defence alsoRavethe nghtto intervieand take

statementsfromthe prosecutio n itnesses.The defence arerequired togive notice
totheprosecutorof witnessesforthedefenceanddocuments andarticlesto beus&

bythem,not latethan two days priorto thtrial.

17. Thedecision to serveanindictmentandto proceed totrialitakenby Crown Counsel

foltowinthe consideratioonf a reporbythe Procurator Fiscal,ubmittedafter full

committaland any judicialexaminatioof the aocuçed. At thistage,the Procurator
Fiscalreports on a confidentbasistoCrownCounselasto hiçinvestigatioofthe

case,includingenquirieswhichhavebeencarried out bythepoliceonhis behalf,and

onprivateinterviewof witnessescarriedoutbythe ProçuratorFiscal.The Procurator
Fiscalisboundprofessionally to investigateanypossibledefence to thecriminal

chargesand al1evidence which isfavourableto the accusedand toindude al1such

materialinhis reporttoCrownCounseS. Crown Counselare required toconsider
whether iisinthepublicinterestforan indiment tobe served on the accused and

whether theevidence availablissufficientoentitiaJury toconvictthe accused of

the crimescharged or whichit isproposed shouldbe includedin an indictment.If
Crown Counselare satisfiedthat there issufficientevidenceto justifproceeding

fumer they instructthe preparatioand serviceof an indictment. The indictmentis

preparedby legalstaffoftheCrownOffice on behaffofCrownCounçel and issignd
byoneof CrownCounselonbehalf oftheLordAdvocate.18. Trialsinthe HighCourtareconduçted beforea Juryof 15 laypersonsdrawnfrom a

lirt preparedby the Clerof Coud, an independeni affcer of the Courfrornthe

generalpublic. Partiesto criminalproceedingsmay object,by givingreasons,to
pariieuiarurorsandrnay also,withouany reasonbdinggiven,objecttoup tolhree
I
jurors. Otherwise,thejurorareas drawn by lot.The triJudge isresponsiblefor

ensuringbat nie trial iç condudedfairiyand for deAing with poiofsiaw and
procedure arisinatthetrial,buttheverdictonthfadtsisreachedbytheJuryalone.

The JuryinScotlandrnayarriveattheiverdicunanimously orbyrnajorit, uatleaçt
I
eightofthemmustbe infavourofa verdicofguiltbeforeaperson can beconvicted.
There aretwoverdictsofquithl inScotland :otguiltyandnotproven.There isno

technicallegaldistinctionbetweenthetwo verdictsbottïofwhichare verdictsof

complete aquittaltheeffectowhichisthattheaccusedcannotinanycircumstances
be bied againforthe offence.

19. Ithas been statedon the highestauthontythatthé systemof criminaljusticein
Scotianddepends essentialluponthepropositiotnh4 jurarcd!& to tran accusad

personshM arrivM theJuryboxwihout Imowldge or impressions offa-, or

allegedfacts,retatingto the crimecharged'.

It hasalsobeen emphasiaedby the HighCourttha it is undesirablforevidence

gathered bythepolicetobe putintihe publidomain bythecriminalauthoritipnor
tuthe trialof tcase2.

20. Whilepmceedings areactivewithintherneaningofthbContempt of CourtAct1981,
the publicatioofmateriawhich createsasubstantialskthatha wune ofjusticein

Me proceedings inquestionwillbe serîouslirnpedl orprejudiced may constiMe

contempt ofcourt,regardlessoftheintentioofthe&bIisher,andmaybe punished
as contemptofcouriby the~igh court.~rnceedin~s lreactiveforüiepurposes oc

fhe Contempt ofCourtAct1981 fora periodof12 rno+ths, eginninwiththedate of

H.M.A.-v- NewwrOu~NBWSDBDB LiSniteandothe/s 1989 S.C.C.R.156, 162pgr
LordJusticeGenerai Emstie;Cf CornmentariesonttieLawdf ScotlandRespecting Crimes,
D Hume(1844) i.384

Hall -vAssociatedNewspwers Limned1979 J.C.1:,16po Lord Justice-&neréil
EmslieandH.M.A.-v-Geo Outram andCompany1980 J.C.51,56 perLord Justice-Genera!
Emslie. 2*-$:"..,.,.'$1; ., "

i'
the grant ofan arrest warrant and, although they cease to be active unlessthe

accusedis arrestedduringthat perjod,theyb&ome activeagainwhen he isarrested

and remain active untithe CO~C~US~O ~f theproceedings. The prosecutor or the

accusedrnaybring any apparently offending publicationto the atfentiontheHigh
Court and the trial Judgernaactex proprio motu in respect of contempt of cobyt

punishingthe contempt and protiibitigublicatioofmaterialheld tobe inçonternpt.

ln practice, thScottishCouds go to considerablelengths te deal with and reswain
prejudicialmediareporüngduringcriminalproceedingsand inparticularuringctiminal

trials,

21. Criminaltriais inScotlandtake plainpublicinopen courtand inthe presenceof the
accused ,hornayonly be excludedfordisorderlyconduct orwhere there isan issue

relatinto the insanitofthe accused and wherethe defencedoes not objectto the

case proceeding in hisabsence. In anyevent the accused is entitled to be legally

representedthroughout thetrial.

22. Accused persons in Scotlandare presumedto be innocent until provenguiltyby the

prosecutor.Theburdenof proof ison theprosecutor throughouta criminaltriaand
the standard of proof proofkyend reasonabledoubt. By the lawof Scotland,no

perçon rnay be convicted on evidenceof one witness or evidence from only one

source and essentialfats must be eçtablishedby corroborated evidence - that is

evidencefrom two independentsources.

23. There isno burden of proofon the defence in cflminalpraceedings ,or istherea

requirementforcorroborationofevidence ledon behaif oftheacçused. The accused
mus1 be acquittedithe Jury havea reasonable doubt as to hisguiltAlthoughthere

içno burden on the defence,the defenceis requiredto give notice, prito thetrial,

of specialdefenceof alibi,incrimination,sdefence or insanitor ofan intention to

leadevidence calculateclto exculpatethewsed by incrirninatinga CO-aocuçed.

24. Criminaltrialsnormallycommencewith the reading of aie indictment to the Jury,

followedbythe readingof specialdefence,ifany.There are noopening speechesto
theJuryandtheprosecuto rallwitnesses togiveoralevidence as to the factofthe

case. Theçe witnesses areexamined by theprosecutor,cross-exarninedby Counsel againrianydecisiontakenby a Judge ata preliminaryhearing.

29. The sentenceon convictionofmurderisfixedby law and jçlifeimprisonrnent.lt iç

opento the trial Judgeto recommend a minimumperiodduringwhich a person
convictedof murdershouldnotbe released,butothenvisethe eventualdate ofthe

releaseof ale accusedisdeterminedby theSecretaryof State for Scotlaon the

adviceoftheindependen faroleBoardfor Scotland.

30. Aperson whohas beenconvlciedonindictmenm t ayappealto the HighCourtsitting

asthe Court ofCriminalAppeal,whichhaspowerto set asidetheverdictoftheJuv

andquaçh theconvictionsubstitutan amended verdictofguittorgrant authorityto
bringa new prosecution(ie.fora re-trial)if it is satjsfiedthathasebeen a

miscarriageofjustice.Atal[stagesof anyappeatprocedure the accused isentitled

to legalrepreçentation.Annex 19 STATEMENT OF LEGALPROVISIONSCONCERMINGOFFENCES
UMDERSCOTSLAW

In Scotland, thecrimesofconçpiracandmurderare not containedinanystatutory

provisionsbuthavelongbeenrecognised and puniçhedby thecriminalcourtsunder

thecornmonIaw,whichhasdeveloped fromdeciçionsofthe HighCourtofJuçticiary
andstatements ofauthoritatiwriters.Intheabsenceof legislatitothe contrary,

the jurisdictionof Me Scottishcriminal Courts is limitedto crimescommittedin

Scotlan buta crimemay beheld tohavebeencommitted inScotlandeitherifthere
has been conductin Scotlandwhichamountsto acrimethere orthere haç been

conduct atiroadwhichhaç had as its reçuan actusreus (ie.çriminaevent} in

Scot ind.

2. Conspiracyis,accordintothelawof Scotland,heagreementof twoormoreperçons

toeffectanycriminaplurposew, hetheastheirultirnateaioronlyasa meansto it

and the crimeiçcompleteas soon asagreementis reached. A criminaipurposeis
onewhichifatiernptedorachieved byactionon thepartofan individul oulditçelf

constituteacrimebythelawof Scotland.Once twopersons arebroughttogetheras

conspiratortheyareeachliableforal1theactsdoneinfurtherancofthe conçpiracy.
A personconvictedof conspiracyin Scotlandis liableta fineofany amountor

irnprisonmenftranyperiod up tolifirnprisonment.

3. Murder iç,accordintuthe lawofScotiand,conçtitutebyany wilfuactcausingthe

destruct oilin,whetherintendinto MI, displayinsuchwickedrecklessness as

toirnplyadispositiodepravedenoughto beregardlesosf conçequenc Aeçe.rson
convictedof murderinScotlan idliableto imprisonmenftor life.

4. Section 2 of the AviatioSecurityAct 1982, astatute of the United Kingdom
Parliament,providesasfoliows

(1)Itshall,subjecto subsectio(4)below, be an offencefor any person
unlawkilland intention-ly I
to destroyanaircm inservice or sotOdamageçuch an aircraft
(a)
asta renderitincapable offligptoras tobe likelytoendanger

itçsafetyin flighor I

I
(b) to commitonboardanaircrafti) flightanyact ofviolencewhieh

is tikelyta endangerthe safelofthe aircraff.

I
(2) ltshallalso,subjectto subsection (4)below, be an offencefor any

persanunlawfully and intentionallto place,or causete be placed,on an
aircrafinserviceanydeviceor substance whidhistikelytodestroytheaircraft,
I
orisIikelysoto damage itasto renderitincapable offlighoras tobe tikely

taendanger itsoafetyinfiighbutnothing int1ssubsection shalbe construtnied
as limitinthecircurnstance iswhich the commissionof any act-

i
1
(a) rnay constitutan offence under subsection(1)above,or
I

(b) may constituteatternptinorcbnspirlng to commit, oraiding,

abetting,counsellingor procuring, dr king art and part in, the
commissio nfsuchanoffence.

(3) Except as provjdedbysubsection (4)\below,subsections(1) and (2)

above shallapplywhether anysuchact as is(hereimentioned iscomrnitted
in theUnitedKingdom orelsewhere, whatever thenationalityofthe person

committing ttiactand whatevertheState in iwhichtheaircraftisrqistered.

I
(4) Subsections (1)and (2)above shallnqtapply toanyactcommitted in

relatioio an aircrafiusedinrnilitai,ustornsor policesetviceunless-

(a) the ad iscornmiffe n theUnited Kingdorn o,r
1
I

(b) where the actiscommitted outsidathe UnitedKingdorn the
personcommitonk gtisa UnitedKingd~m nationai.

(5) Aperson who commits anoffenceunddr Missection shalbeliahie,on
convictioonnindiclment toimprisonmen ftrLi. (6) In this section'unlawf-'ly
r

(a) inrelationto the commissiof an actinthe UnitedKingdom,
means çoas(apartfrom thisAct)tconstitutan offenceunder

thelaw of the partof the UnitedKingdominwhich theact is
comrnitteda,nd

(b) inrelatiotoanactoutsidetheUnitedKingdomm , eanssothat
thecommiçsion oftheactwould(apartfromthisAct)havebeen

an offenceunderthe lawof EnglandandWales ifihadbeen

cornmitted in EnglandandWaleçor ofScotlandifihad been
cornmiRed inScotland.

(7) Inthissectio'ad ofviolencemeans-

(a) any act done in theUnited Kingdornwhich constitutesthe

offenceof murder,attemptedmurder,manslaughterc, ulpable
homicideorassaultoran offenceundersection18,20,21, 22,

23,24,2 8r29 oftheOffencesagainstthePerson Act1861 or

undersection2 ofthe ExplosivSubstances Act 1883,and

(b) my actdoneoutside the UnitedKingdorwnhich,ifdone inthe

United Kingdom, would constitutsuch an offence as is
mentioned inparagraph(a) above.'

5. The tawofScotland makes nodistinctibetweencommission and accessionand fsy

me cornmon law ofScotlandanyone whogiveçcounsel orassistancetoorotherwise

actsinpreviousconcertwith aieprincipaorwhoisguilty ofconcert,assistanceor
participatiinthecrimew, hicisknown as'artandpartguilt,isliableto beconvicted

of lhe crime. 'Artand patTguiltapplinotonly Io cammon lawcrimesbut aiçoto

contraventionosstatuteand Section216(2)oftheCriminal rocedure(Scotla nct)
1975 providesas follows:'Withoutprejudiceto subsecti(1above or /oany expressprovisioinany

enactment havinthetikeeffecttothrubsectitnanyperson whoaids,abets,
counselç,procuresorincitesanyotherpersonto commitanoffence against

theprovisionofanyenactmen thalbeguiltyifanoffenceand shalbe liable
on conviction, unlessthe enactment othebise repuires,to thesarne

puniçhrnenatsrnighbeirnposedon convicti1ofthefirst-mentionofence.' Security Council

S/PV.3312
11 November 1993

ENGLISH

PROVISIONAL VERBaTIH RECQm OF THE THREE THOUSAND
THREE HLWDREDZUID TWELFTH MEETING

Held at Headquarters, New York,
on Thursday, 11 Hovember 1993, at 11.30 a,m.

Preskdent: Mr. JESUS (cape Yerde)

Members: Brazil SARDENBERG
China LI Zhaoxing
Djibauti OLHAYE
France MERIMEE

Hungary ERDOS
Japan PiARUTAHk
Moracco SMOUSS 1
New Zealand =AT1 NG
Pakist an HARKER
Russian Federatkon VORONTSOV

Spain Y~EZ BARNUEYO
United Kingdom of Great Britain
and Northern Ireland Sir David HANNAY
United States of America Mrs. =BRIGHT
Venezuela Ur, TAYLHARDAT

This record contains the original text of speeches delivered in Engliah and
interpretations of speeches in the other laquages. The final text will be

printed in the Offieial Records of the Securitv Council.

Corrections should bé submitted to original speeches only. They should be
sent under the signatureof a member of the deleqation concerned, within one
e, to the Chief, Official Records Editing Section, Office of Conferenee

Services, room DC2-794, 2 United Nations Plaza, and kncorporated in a copy of
the record.

93-87159 (E) The meetins was called to order at 12,10 m.

ADOPTION OF THE AGENDA
I
The aaenda was ado~ted.

LETTERS DATED 20 AND 23 DECEMBER1991, FROM!FRANCE, THE UNITED
KINGDOM OP GREAT BRITAIN AND NORTHERN IRELAN ADND THE UNITED STATES
OF AMERICA (S/23306, S/23307, S/23308, SJS331 and S/23317)
The PRESIDENT: As agreed in the ~ouncil's prior
l
consultations, I should like to çtate, in cbnnection with the

agenda just adopted, that the current formulationovertakes the

earlier two formulations under which thiç iem has been discussed,

nameîy, items 168 and 173 of the list of matters of which the
Security Council is seized; that list is coRtained in document

S/25070. Since those items have been subsuned under the preçent

item, they will accordingly be deleted fromlthe list of matters
l
contained in document S/25070.
I should like to inform the Council tha$1 1 have received

letters from the representatives of Egypt, the Libyan Arab

Jamahiriya and Sudan, in which they requesti to bo invitad to

participate in the discussion of the item oh the Coun~il~s agenda,
l
In conformity with the usual practice, I prIpose, with the consent
of the Council, to invite those repesentativos to participate in

the discussion without the right to vota, ib accordance with the

relevant provisions of the Charter and rule 37 of the Council's
1
provisional rules of procedure. i

There being no objection, it is so dec=d1d. At the invitation of the President, Mr. Elhouderi ILibvan Arab

Jarnahirival took a place at the Council table; Mr. Elaraby IEw~tl
and Mr. Yasin (Sudan) took the places reserved for thernat the side

of the Council Chamber.

The PRESIDENT: The Security Council will now resume its

consideration of the item on its agenda.

The Security Council is meeting in accordance with the
understanding reached in itç prior consultations.

Members of the Council have before thern document S/26701,

which contains the text of a draft resolution submitted by France,

the United Kingdom of Great Britain and Northern Ireland and the

United States of America.
1 should like to draw the attention of the members of the

Council to the following other documents: Ç/26304, letter dated

13 August 1993 from the representatives of France, the ~nited

Kingdom of Great Britain and Northern Ireland and the United States

05 America to the United Nations addressed to the Secretary-

General; S/26500, S/26523, S/26604 and 5/26629, letters dated
22 September and 1, 18 and 22 October 1993, reçpectively, from the

Permanent Representative of the Libyan Arab ~amahiriya to the

United Nations addressed to the Secretary-General.

The first speaker is the representative of the Libyan Arab

~amahiriya, on whom 1 now call.
Mr. ELHOUDERI (Libyan Arab Jamahiriya) (interpretation

from Arabic): 1 congratulate you on your açsumption of the

presidency of the Security Council this month and commend the

efforts made by your predecessor. f do hope that the Security

Councilwill be able to really and truly discharge its functions in
line with the purposeç and principles of the United Nations (~r! Elhouderi, Libyan Arab
~ahahiriva)
Charter. and to conduct itself in a manner Lat is compatible with
I
the law and the public interest of the inteknational community. I

do hope that bias and special interests wili not be given the upper

hand and that the Council will steer clear df selectivity and
double standard. I
I
The Security Council meets today not to consider a matter that

threatens international peace and security $ut to consider a draft
I
resolution that seeks the intensificationof the sanctions which
have bean imposed on the Libyan Arab Jamahi!iya by the CouncilBs

resoiution 748 (1992) . Prior to this meetiAgl the Council had
I
automatically renewed those sanctions four dimes over a period of
15 months, So, why intensifythe'sanctions
now? The pretext which
the three countries have repeated ad infinitum is the alleqation

that the Libyan Arab Jamahiriya has not cornilied with Security

Council resolution 731 (1992). However, th@ truth of the matter is
thai the Libyan Arab Jarnahiriya has fully réspondad to Security
I
Council resolution 731 (1992) . The only pint that remains
1
outstanding is the problem that arose from t'hedemand by the United
I
States of America and the United Kingdom that the two alleged
suspects be extraditad. This is a problern dhat ramains unsolved
l
because of a legal wrangle over which country haç the competence in

law to try the two perçons accused of involGement in the bombing of
Pan Am flight 103 over Lockerbie, Scotland. I

Essentially, this is a question that is definitively settled

by the provisions of the Montreal 1971 ~onvéntionfor the

Suppression of Unlawful Acts against the SaCety of Civil Aviation.
The Libyen Arab Jarnahiriya, the United Statas and the Unitad
I
Kingdom are al1 parties to that Convention,which, from the start,

stipulates jurisdictionregarding the trial of the accused to the

Libyan Arab Jamahiriya. That was the view of the Libyan -ab (nr! Elhouderi, Lib~an Arab
~amahiriva)
I
interpretation or application of its provisions. As a result, the
I
Libyan Arab Jamahiriya took the question of the application of the

Conventionls rules to the International ~ouiI of ~ustice. The
matter is still pending before the Court,

~otwithstanding my country'srepair to the InternationalCourt
I
of ~ustice and the natural need to await it? verdict, we have
I
spared no effort in seriously seeking a solAtion that would be in
I
consonance with the provisions of the law. Ily country had proposed
to request the ~nternational Court of Justibe to ascertain the
I
validity of the accusations levelled at the two Libyan nationals

and suggested that they be surrendered to the office of the United

~ations ~eihlo~ment Programme (UNDPI in Triploli for investigation.

Lihya also pr'aposed that the Çecratary-Ganadal form a legal
l
commîttee composed of fair and neutral judg4s to investigate the
facts of the case, make sure that the alleg$tions against the
I
accused were serious ones and conduct a comdrehensive (Mr. Elhouderi, Libvan Arab
Jamahiriya)

Libya declared that if the Secretary-General concluded that
the accusations were justified, the Libyan Arab Jamahiriya would

not object to the extradition of the two accused, under the

persona1 supervision of the Secretary-General, to a third party, on

condition that they may net be re-extradited to any other party.
A11 these proposais fell on deaf ears and were met by insistence on

extraditing the two accused - without any legitimate justification,

be it in law or in txeaty provision - to either the United States

of America or Scotland.
We did not extradite the two accused because that is against

our laws, The laws of most countries, if not al1 ceuntries,

prohibit such extradition unless there is a treaty or convention

regulating sucb matters between the countries concerned. There are
no bilateral treaties between the Libyan Arab Jamahiriya and either

the United States or the United Kingdom. There is, however, a

multilateral convention that clearly and accurately regulates

actions related to attacks against internationalcivil aviation,

namely the 1471 Montreal Convention. All of us are parties to that
convention. Regrettably, the United States and the United Kingdom

declined to comply with the provisions of the said convention and

insisted, merely on the basis of their own persona1 wishes, on the

extradition of the two accused to either one of the two countries.
We wish to draw attention here to the gravity of involving the

Security CounciL in this game whereby States are forced to

surrender their own citizens to other States.

The pretext used by the two countries to circumvent the 1971
Montseal Convention is that they have no faith in Libyats abllity

to try its own citizens. This claim gives the impression that only

their judicial systemç are trustworthy, despite events and evidence

which suggest the contrary. Suffice it to recall areas ofdeficiency in the American judicial systern wdich were revealed by
I
the Rodney King trial in Los Angeles. ~urth=rmore, a report issu&.
I
by the Gallup Institute and published by a ~uro~ean newspaper
reveals that 61 per cent of Britons do not tdink they could get a

fair trial in Britain. A recent trial in 0ld Bailey, in Britain,

also disclosed another aspect of the British judicial system when a

judge suspended the trial of three detectived because of the amount

and intensity of publicity surrcunding the cdse, and because the
media had portrayed the defendants as the pe=petrators of the

crimes for which they were being tried. ~hid prompted the British

newspaper The mardian to ask on 12 Oetober d993, in an editorial

entitled "Fair Trial, Fair Senseam,
"Why do the Libyan suspects in the Lockerbie incident fear
I
trial in Scot land, although British ministers and officials

confirm that they would receive a fair t&ial?"

The paper called on the ministers to look indo the ruling of the
Old Bailey judga and said that the two condidions related to the

Old Bailey case apply to the tvo Libyans. Irjdeed the Libyans
I
receive even more publicity than the Old I3aidey defendants whanaver

the politicians and journalists rehash the Pan Am incident over

~ockerbie. The paper went on to Say that th& I Libyans have indeed
compelling reasonç to cornplain.

Horeover, the information gathered by the two countries should
I
not be accepted at face value as irrefutable facts. The United

States had previously claimed, on the strengdh of its oun
information gathering, that the Libyan Arab Jamahiriya was

reçponçible for the Berlin nightclub incident. On the çtrength of
I
that information, the United States sent its state-of-the-art

planes, at night and carrying the most advanced weapans of
destruction, to bomb the cities of Tripoli and Benghazi and the S/PV. 3312
19

(Mr. Elhouderi, Libvan Arab
~amahiriva)

facts, is it strange for Libya to cal1 for thé trial to be held in
a neutral country? I
l
Despite al1 of this, Libya submitted the buestion to the
l
People's Basic Congresses (which has the powe& to tako decisions)

in their second session for 1992. Following detailed discussions,
the People's Congresses adopted the following decision in relation

to the extradition of the two suspects:
I
"The Basic People's Congresses affirm their adherence to the
Libyan Criminal Code and the Libyan code if Criminal
l
Procedure. They raise no objection to th@ conduct of the

investigation and the trial through the s'ven-member Cornmittee

established by the League of Arab States Ir througb the ~nited
Nations beîore a just and impartial court to be agreed upon.'*

On this basis, my country declared its readiness ta enter into

negotiations, under the supervision of the Seiretary-Ceneralof the

United Nations, with the countriesconcerned, with a view to
holding the trial in a neutral country which could be agreed upon

by the parties to the dispute and which could provide al1 the

necessary quarantees. The Secretary-General of I the United Nations
was notified of this step on 8 December 1992, but, like previous

attempts, this one was rsjacted by the prtied concerned. In ite

letter to the Secretary-General of the United Nations on
28 July 1993, my country conf irmed that it wad willing to discuss

the procedures and arrangements relating to the trial of the two
I
accused, with the mission the secretary-~eneràlIas about to send

to Libya. It thus becones clear that out of dur desire to raach a
reasonable solution and despite the fact that the 1971 Montreal

convention gives Libya the right to try the tdo suspects before
l
Libyan courts - a questionthat is still pendhg before the

International Court of Justice - the Libyan pdsition has been (Mr. Elhouderi, Libvan Arab
Jarnahiriva)

extwemely flexible. On the other side, there is the rigid and

intransigent position based on nothing more than the logic of

force. (~r.1 Elhouderi, Libvan Arab
~amahir iva)
I
The extradition of the two accused was cineof the demands made

by the three cauntries. It waç dernanded alsI that Libya should
take full responsibility for the acts of thd two Libyan officials,
I
submit al1 information it has on the crime and pay appropriate

compensation. Do these demands conform to the principles included
l
in various human-rights instruments? CouLd Ihese two countries
treat their own citizens in the same rnannar py want Libya to

treat the Libyans? What logic and what legai systern would cal1 on
I
a defendant to submit self-incriminatingevikence, bsar the

responsibility for an allegationmade again& him and pay
compensation, al1 before any investigation trial had bean

undertaken? Then we are told that the sanctions will not be lifted

unlass the Libyan.Arab Jamahiriya fully and hffectiveiy complies
with these demands. This begs the question: who would decide that

such effective and full cornpliance has taken place? The answer:

no one other than the two countries themselves. There is no logic

or legal process. It is clear that force, akd force alone, is the
logic and the process.

Added to this are the Dracanian demands aimed at portraying

Libya as a country that dues not comply with Security Council
resolutions and that violates international laws. Consequently,

sanctions may be impoçed and tightened against Libya.

Notwithstanding the strange charactar of theSe dcmands. my country

has shown extreae flexibility and has declaréd its readiness to pay
proper compensation if it is proven responsible for this incident,

In its search for a satisfactory solutio!~. the Libyan Arab

Jamahiriya did not stop at invoking the law And calling for

recoursa to judicial authorities. It unilatdrally resortsd to the
International Court of Justice, which is the principal judicial

organ of the United Nations. It aLso talked to the (Mr. Elhouderi, Libyan Arab
Jarnahiriva)

Secretasy-General of the United Nations, confirming to him its full

readiness ta cooperate with him and asking that he play a bigger

role in helping al1 the parties to find a reasonable and

satisf actory solution.
Libya also contacted other countries and other organizations

te which it belongç. Al1 of them expressed their deep concern at

the escalation of the crisis between Eibya and the United States of

America, the United ~ingdom and France, as well as at the threat of
the imposition of additional sanctions and the use of force in

relations between countries. They called for a peaceful settlernent

of the crisis and appealed to the Security Council to seview

resolution 748 (1992) and, in recognition of Libyags initiatives

ainad at settling the crisis, to lift the embargo irnposed on Libya.
In this respect, I should like to recall the resolution

adapted by the ~ouncil of Ministers of the ~rganization of ~frican

~nity (OAU) at its fifty-eighth ordinary session, which was held in

Cairo. That resolution expresses appreciation for the efforts and

initiativestaken by Libya in order to çettle the crisis
peacefully. The third operative paragraph of the resolution reads:

nExpresses its grave concern at the escalation of the

crisis and the threats of additional sanctions and the use

of force as a pattern of relations arnong states, in
violation of the Charters of the Organization of African

Unity and the United Nations as well as international laws

and normsu. (A/48/322, annex 1, D. 47)

In paragraph 5 of the same resolution, the OAU ~ouncil of Ministers
urges the Security Council to reconsider its resolution and lift

the embargo imposed on Libya, in recognition of the positive

initiatives Libya haç taken in handling the crisis. (Mr-1 Elhouderi. Libvan Arab
~adahir iva)

Within the context of our efforts to addross this probleai, rny
country subrnitted to the Çecretary-General./on11 September 1993,
I
1 a mernorandurn that contained points relating ito its legal position
i
vis-à-vis resclutions 731 (1992) and 748 (19192). In that
l
memorandum, Libya asked questions based on thI assumption that the
two accused would challenge the charges leveilled at them and
1 I
voluntarily agree to stand trial before a fokeign court. The
/
memorandum also askod for clarificationsand safeguards relating to
1 I
~ the foreign country concerned. On 24 september 1993, my country
received the Secretary-Generalts answers to the questions
I
1 concerning the two accused.
i
Although we have not received al1 the an'swerç, the
1 l
Secretary-General was notified on 29 septembbr 1993 that we had
given the two suspects the answers ta the qdstions about them. We
I 1
1 confirmed to him that the safeguards he offeked were sufficient and
i I
1 acceptable, and that the ~ibyan Arab ~amahiri~a, following the
l
receipt of those guarantees, would not object I to the appearanse of
the two suspects before the Scottish judiciary and would even urge
I
them to appear. We expressed to the Secretarl-General our belief
1
that only one step remained in order to resolve this criois that
has gone on for several years: the acceptanqe by the two suspects,

their families and their attorneys of the necessity of appearing
I
before the court. In those two letters, conkIined in document

SJ26523, we emphasized that we would deal widI the French demands
with the sama determination with which we haa been dealing with the

American and ~ritish demands.
l
As the Council knows, the defenca team. %hich includes lagal
counsellors of savaral different nationalitiCs, including British

and American attorneys,held several meetings' in Tripoli on 8 and
I
9 October 1993. The two accused themselves dttended some of those
I (Mr. Elhouderi, Libvan Arab
Jamahiriya)

meetings and confirmed their intention to appear before a fair

court based on valid legal procedures and a comprehensive
investigation, notwithstanding their right, under national and

international law, to remain in Libya. The counsellors discussed

the inalienable rights of any defendant: the right to a fair trial

before an unbiased court, the right to be presumed innocent and the
right to have sufficient time to prepare a defense after being

notified of the charges and the evidence the prosecution intends to

present in support of those charges. These are rightç included in

the legislation of al1 countries and contained in the International

Covenant on Civil and Political Rights. Al1 of us are parties to
this Covenant, whish entered into force on 23 March 1976.

The defence attorneyswere deeply concerned over the possible

prejudicial effect the publicity in the United States and Scotland

would have on the prospective jurors and about the absence of the

usual arrangements for extraditionbecause of the pro sec ut ion*^
refusal to reveal the evidence it intends to use in the trial, The

defence attorneys believe that this refusa1 greatly limits their

ability tu defend the case properly.

On the basis of a request made by the defence counsel, my
country contacted Switzerland for permission to hold the trial

there, and contacts between Libya and Switzerland are continuing to

that end.

The negative impact of media publicity surrounding the case is
not limited to prospective jurors but has also been extended to

defence attorneys. We have witnessed a Eerocious attack against an

American lawyer when it was thought that he might participate in

giving council to the two accused. Obstacles were also put in the

way of another American lawyer who participated in the Tripoli (~k. Elhouderi, Libvan Arab
~dmahir iva)
r
meeting of the defense counsellorç. ft thys becornes clear that the

concarns of the defance attorneys are ratidnaî and justifiad. (Mr. Elhouderi, Libyan Arab
Jamahiriya)

The Secretary-General of the United Nations and ~mbers of the

Security Council have been informed of the results of these
meetings.

In addition, the Secretary of the General People's Corrunittee

for Foreign Liaison and International Cooperation - the Foreign

Minister of Libya - during his stay in New York, conducted wide

consultations involving most rnembers of the Security Council and
the Secretary-General of the United Nations. Our Foreign Minister

explained the developments of the crisis and confirmed our

determination to implement Security Council resolution 731 (1992).

Al1 of this demonstrates that serious efforts are being made
It also proves that
in relation to the trial of the two accused.
we are not procrastinating or narking time, as the two countries

claim. ~arking time is not in our interests, as it is our peuple

who are suffering the adverse effects of the sanctions. We are

interested in seeing this trial held as soon as possible. No one
should forget that we received answers to some of our questions on

24 September 1993 and that the defence lawyers for the suspects met

on 8 and 9 October 1993.

As for-the French demands, the Libyan Arab Jamahiriya did not

see in them anything that runs counter to the law. Intensive
contacts and talks between the judicial authorities of both the

Libyan Arab Jamahiriya and France were held with a view to reaching

a determination of responsibility for the explosion of the aircraft

on UTA flight 772. The Libyan and French investigative judges met
several times, and the French judge saw the minutes of the

investigation undertaken by the Libyan judge. $t was agreed that

the French judge would corne to Libya to continue his investigation,

Contacts between the two countries are already under way with a

view to enabling the French judge to complete this endeavour. 1. - - - --
I

S/PV.3312 rn
18 1

j I
(Mr! Elhouderi, Libyan Arab
~arhahiriva)
n
believe that had the French judga not chose4 a rnilitarydestroyer
as a means of transport to Libya our responie to the French demands 8

would have led to encouraging results. I
Only three months and a few days after the adoption of 8
1
Sacurity Council resolution 731 (1992). theithree countrias managed
to get the Security Council to adopt its rekolution 748 (1992), in I

which the question of terrorisrn was widaly Jnd artificially
I
included. It contained an exceptional accuCation, on which was
based an unpsecedented air and diplornatic embargo. All of this was m
1
done with unprecedented çpeed and decisivenêss, and in violation of
many provisions of the United Nations charter. B

It is obvious that the three countries Lucceedad in making the
1 m
Counçil conpress the whole phenomenon of international terrorism
into the Lockerbie and "TA incidents. The Libyan Arab Jarnahiriya
1 I
has been linked intentionallywith the phenomenon of international
terrorism so that the three countries may be able to achieve their n

goals. ~f it is claimed that the Security louncil wants to davote
special attention to civi1-aviation incidenks , the Council should 8
I
also have looked into the incidents involvihgthe Korean, Iranian,
l 8
Libyan and Cuban civil aircraft, to avoid appearing selective in
its work or being accused of applying double 1 standards. 1

However, let us look at the position of the Libyan Arab
Jarnahiriya on this matter. My country, which has endured terrorism m
I
in the recent past and still suffers today, declared, in a letter
i I
to the Secretary-General of the United NatioIs on 11 May 1992
(5/23918). its unequivocal condemation of {nternational terrorism
I w
in al1 its forms, regardless of its source.'lLibya ccinfirmed that
there are no terrorist training camps, terrbrist organizations or m

tarrorist groups on its soil. WB called fol the dispatch of a 1
cornittee of the Security Council, the United Nations Secretariat . I

I (Mr, Elhouderi, Libvan Arab
Jamahiriya)

or any other competent United Nations body, to verify this at any

time. My country also declared that it will nevar permit the

direct or indirect use of its territory, citizens or institutions
in the perpetration of any terroristacts and that it is ready to

punish severely those who are proved to have been involved in çuch

acts.

The Libyan Ministry of Foreign Affairs isçued a statement

confirming the contents of this letter, and the statement was
circulated as an official Security Council document (S/23919). My

country reaffirmed its position in its letter dated 8 December 1992

(S/24961) tu the Secretary-General. In a letter dated 28 July 1993

to the Secretary-General, Libya stated its readiness to receive a

mission of the Seeretary-Generalms choice to verify the
non-existence of alleged terrorist trainingcamps on its soil. In

addition, my country actively cooperated with ri tain in respect of

that country's special requests.

However, none of thiç has been sufficient for the three
countries, which have refusad to send a mission to verify the

non-existence of camps and other facilities. Thus they hope to

keep the terrorism charge hanging over Libya like the sword of

Damocles and to justify the continuation and intensificationof the

sanctions. They base their case on the pretext that ~ibya has not
complied with Security council resalutions, and they rely on an

enigmatic phrase to the effect that Libya knows what is required of

it.

What more can ~ibya do? What should Libya do to persuade the

three countries to stop levelling such allegations and accusations?
Will the three countries respond to ~ibya's raquest for a mission ,

to verify that there is no basiç for such allegations? (&,l Elhouderi. Libvan Arab
~amhhiriva)
The sanctions, which have been imposcd b&cause of a legal

dispute, into which the question of tarrorisb was daftly insertad

have severaly hurt our people in al1 aspects/of thair lives and
have had a negative impact on our developmenf plans. We have

submitted to the Security Council 14 documents detailing the harm
I
caused to various sectors. I shall not repeat the contents of
those documents, but 1 should like to refer specifically to the

adverse effects of the prohibitionon the edor to Libya of spare
I
parts, engineering services and maintenance Iequired for Libyan
aircraft and their components. These advers/ effccts impact
on a
vital sector that is indispensableto a vast country that dependç

largely on air transport,
1
The United States of America and the United Kingdom are not
satisfied with the sanctions containadin reiolution 748 (1992).

They have been trying, under the auspices of (the Cornittee

establiçhed by that resolutlon, to widen the'scope of the
sanctions, using transparent pretexts and ridid positions. This
1
includes the success of the two countries in widening the scope of

the sanctions through the Coirunittee'srejection of cooperation
between the International Atomic Anergy Agency and Libya for the
1
establishment of a laboratory at the Centre For Agricultural

Research in Tripoli to analyze the effects 04 agricultural
insecticides on the health of human beings, animals and plants, It

includes also the cornittee s refusal, withdt explanation, of the
l
humanitarian request concerning the transport of Libyan citizens to
l
locations abroad - using Libyan aircraft - fol medical treatment.
These patients included cases of coma, quadruple parakysis, brain
I
concussion resulting from traffic accidents 6nd suddan haalth

deterioration necessitating advanced medical~treatment, One of
them was a Young girl of six, named Safaa AliIAbdel Rasoul, who
1 (Mr. Elhouderi. Lib~an Arab
Jamahlriva)

died at Tripoli Central Hospital as a result of complications
arising from her illnesç.

In view of the Committeets abuse of its mandate, the competent

authorities had to move ether emergency cases, using various modes

of conveyance, including land, sea and air transport. This
resulted in patients' having to endure long, hard journeys, as is

outlined in the rnemorandum sent to the Committee by the Libyan

mission on 18 August 1993.

One of the Council~s main reasons for the establishment of
this Committee was to facilitate consideration of the requests

submitted by countries for approval of flights for essential

humanitarian purposes. The repeated refusal of requests for
permission tc move seriously il1 persons - arbitrary refusals, with

no reasons given to justify them - nullifies the resolution's only

humanitarian gesture. Furthemore, these repeated refusals

continue to severely harm innocent people. This can be neither the
intention nor the objective of the ~nited Nations. The three

countries have not limited themselvas to expanding the scope of the

sanctions, but have extended this behaviour tu include the

Committeets methods of work, putting it on a consensus baçis that
runs counter to the provisions of the Charter and the ~ecurity

councilqs provisionalrules of procedure. i
1 (MI. Elhouderi, Libvan
Arab Jarnahiriva)
l
selection of the harshest sanctions, which are not
cornensurate with a legal dispute, attempts by the three countries

to expand thern, and to exert continuous pre$sure on the Security

Council to impose yet more sanctions, promp4 us to wonder about the

real reasons behind this ferocious carnpciignlagainst the Libyan Arab
~amahiriya. The three Governments, while cdosinrg every door that

could lead to a solution to the crisis eithdr in regard to the
I
trial of the two accused or to the verificadion of the alleqations
l
that the Libyan Arab Jamahiriya supports indernationaï terrorism,
daclared, in their tripartite statement of 42 August 1993, that

they had no "hidden agendam. The United ~tdtes of America and the

United Kingdom intentionally refused to ander Libya s specific

questions related to international terrorism and the lifting of the
sanctions. Even when one of the two countriles hinted at the
i
possibility of suspending or lifting the sarictions, the answers
l
have been vague and conducive to suspicion 4ather than to
1
confidence. The bottom line is that the whdle iIsue remains the
preserve of the two countries.

The draft resolution now before the Couqcil, document S/26701,
I
repeats the very same grave legal mistake of bothIresolutions
731 (1992) and 748 (1992) in that it links dibya to international
1
terrorism on no other basiç but the suspicidns that have been
I
created regarding two Libyan nationals on tde basis of reports by
I
intelligence agencies . This constitutes an iapriori judgement that

has not been substantiated by any evidence dl to thiç point. They
want the draft resolution to be adopted und& Chapter VI1 of the

Charter on a matter which should have been dlealt with by the
I
Council under Chapter VI, due to the fact tlat the issue in
question is a legal dispute ovor which coun{ry has cornpetence to (Mr. Elhouderi, Libvan
Arab Jarnahiriva)

try the two accused, a dispute which 3s essentially çettled by the

provisions of the 1971 Montreal convention.

This draft resolution haç no justification whatsoever,
especially since we are approachingthe final phase in the

settlement of the dispute. Moreover, it contains more

unprecedented sanctions. It is an attempt to destroy the ~ibyan

economy by adversely impacting on our people's only source of
income, as wall as on the civil aviation structure on which my

country depends for transportation. The paragraphs of the draft

resolution include provisions which prove beyond doubt that its

sponsors do have a hidden agenda. Otherwise, what is the meaning
of operative paragraph 4, which calls for depositing the financial

revenues from the sale of oil and agricultural produce in separate

bank accountç? And what is the meaning of operative paragraph 16

which refers to the suspension of sanctions and their reimposition
within 90 days?

The sponsors of the draft resolution insist on ignoring the

decisions of regional and other organizations on the matter and

turn a deaf ear to their points of view by stating in operative
paragraph 15 that al1 Member States should encourage Libya to

respond fully and effectively to these requests. The States we

refer to have already expressed their views in the resolutions

adopted by the Arab Maghreb Union, the League of -ab States, the
Organization of Africnn Unity, the ~rganization of the Islamic

Conference, and the Non-Allgnedgroup. None the less, there iç an

inçistence on ignoring al1 these decisions and resolutions. We

would like ta know the relationship between the maintenance of

internationalpeace and security and the contents of operative
paraqraphs 8, 11 and 12. Does this not constitute an interference

in the minute interna1affairs of States and does it not, (Mr. Elhouderi. Eibvan
Arab Jarnahiriva)
I
therefore, constitute an obstruction of justice in those States in
l
addition to being an impositionof a strange kind of tutelage over

tham. al1 because af a dispute over the venue Alere two accused

persons should stand trial? In operative parabIaph 16 vhat than is
the meaning of the phrase:

al.,. the Libyan Government has ensured the appearance of those
1
charged with the bombing of Pan Am 103 for'trial befose the

appropriate United Kingdom or United Stateb I court ...ri7
Once again we should like to draw attention to the dangers of

involving the Security Council in the question of extradition,

which is a sensitive and complicatad legal iss& that requires the

conclusion of bilateral or multilateral agreements following
negotiations between the States concerned. Toiinvolve the Council

in questions such as those would set a dangerods precedent. The
i
harm caused by this draft will not be limited to the Libyan people
I
alone, but will extend to ,-ighbouring and Eurqpean countries whose
intereçts are linked to ours.
It will have ad$erse effects on the
overall proces. of foreign investment . These 4amf ul sf fects will

undemine the security and stability of our region, which, at this
I
time, is in dire need of security and stability.
The draft resolution constit~tes a blatantiviolation of the

provisions of the United Nations Charter and tde norms of

international law. Should it be adopted as it jstands and in this

manner, it will represent a dangerous turning Joint in the vork of

the Council, and conotitute clear proof that tde Council does no+
work on behalf of al1 the Members of the united Nations. but in '
i
accordance with the wishes of one or two countkbes.

The continuance and intansification of sanhtions will not
1
solve the problem. It will even complicate it( What we have here
is a dispute that could have baen easily resolfed had the three (Mr. ~lhouderi, Libyan
Arab ~amahiriva)
countries complied with the provisions of the 1971 Montreal

Convention, Now we have two positions: the position of the Libyan

Arab Jamahiriya, which is supported by law and the provisions ef

international conventions, and the position of the three countries,

whiçh is based only on their claims and allegations. While the
position of the former is characterized by great flexibility, the

position of the latter is rigid and intransigent, based only on

alfegations and undiçclosed reasons linking Libya to the

international terrorism phenornenon which has been under
consideration by the United Nations for many, many years. As a

resukt, the Security Council has been hastily pushed into action

under Chapter VIL instead of Chapter VI of the Charter, irnposing

harsh sanctions which are not cornmensurate with the dispute at

hand.
We do not want to underestimate the seriousneçs of the two

incidents which caused the loss of innocent lives, because we too

have been burned by the £ire of international terrorism, but we

want to put things in the right context and perspective, using an

objective approach and avoiding the use of exaggeration and excess
as others do. We do not want to cover up anything related to the

two accused or to procrastinate in order to waste time. We never

disagreed as to the principle of the trial. The disagreement has

been, and still is, on the venue of the trial. The two suspects
and their attorneys do not disagree as to the principle of the

trial, but want a place where neutrality and fairness can be

guaranteed and where the proper procedures and arrangements for

such a trial can be made, The Libyan Arab Jamahiriya will continue

its sincere efforts to find a solution to this problern within the
framework of respect for the principles of international law and

the provisions of the relevant international instruments, Mr, Elhouderi. Libyan
Arab Jarnahiriva)

Furthermore, Libya considers that itç eifilrts will achieve
this end if the three countries abandon their policies of pressure

and threats and respond to the hanguage of di; loque and

understanding which my country advocates and 1 ursues. If the

Security Council plays a positive role in a ccllectîve spirit,
lifts the sanctions that only complicate this matter further, and

assists the parties concerned to follow the right, peaceful path,

it will have made an important contribution tc wards the achievement

of that goal.

My country will continue to do its utmost to cooperate with
the Secretary-General of the United Nations ir order tu reach a

final solution of this problern. - - -- -- -. --

8 S/PV.3312
27

I
The PRESIDENT: 1 thank the representative of the Libyan

w Arab Jamahiriya for his kind words addressed to me.
The next speaker is the representative of Egypt. I invite him
I
to take a place at the Council table and to make his statement.

I Pilr.ELARABY {Egypt) (interpretation from Arabic): Allow
me at the outset to extend to you, Sir, my congratulations on

1 preçiding over the Security Council for this month. 1 am confident
that your great diplornatic skills and personal qualities, which are

1 well known to all, will benefit the council'ç work. 1 should alse

I like to extend to your predecessor, Ambassador Sardenberg, our
thanks for the skill with which he steered the Councilts work last

D month.
Egypt has followed with great interest and concern the

developments relating to the two criminal acts that resulted in the
'
loss of hundreds of lives, namely Pan ~m flight 103 over ~ockerbie,
R and the bombing of UTA 772. There can be no doubt that

safeguarding the safety and seeurity of civil aviation are
O
prerequisites of todayls world. Egypt supports fully al1
g international efforts designed to eradicate the destructive

phenomenon of terrorism completely. Egypt has expressed its deep
1 cancern over the incidents and condoled with the families of the

victims of those two incidents.
I
Açcording to the provisions of international law, al1 who
perpetrate such crimes must be identified and brought to justice.
I
When the crime is proved, the penalty must follow, again according
n to the provisions and principles of international law. Equal

rights and duties under the law and equal application of
8
international law form the basiç for the criteria upon which the
contemporary internationallegal system rests.
1
The international comunity has eondernnedal1 acts of
terrorism in al1 its forms on more than one occasion. The
I

I {W. ElarabY, Eamt)

principal objective of the Council's adoptio; of resolutions
731 (1992) and 748 (1992) was to attempt to Abtain the facts

underlying those two incidents and to detamine where the
1
responsibility lies with regard to the terroqistic acts against Pan
American flight 103 and UTA flight 772,
1
My delagation, therefore, regrets that t$e truth and the facts
l
with regard to those two acts have not yet bdon olarified and that

no progress has been made in arriving at the truth clearly and

unambiguously, despite the resolutionsadopt=d hl the Security
Council and the unremitting efforts made by the United Nations

Secretasy-General,which my Goverment greatly appreciates, and in
l
spite of the intensive bilateral contacts ~~ht has made to ffnd a
suitable formula that would allow for implemehtation 02 the two
1
xesolutions,

Egypt has scrupulously ahided by the resdiutions adopted by
I
the Security Councll because we are fully conkinced of the need to
respect al1 resolutions adopted by the counci& in line with the

Charter. We cal1 upon al1 the members of the,international

community to abide by that fundamental princible without exception

and without reçort to double standards when c&nfrlnting the various
issues with which the ~ecurity Council addresse..

Egypt. in the active role it has continued to play in

attempting tc contain the crisis arising from/the Lockerbie I
incident and prevent the escalation of tensio+ has never lost sight

of any of the vital elements that might lead fo a breakthrough in 1

the situation, forernost among vhich is the opdortunityfor justice
l 1
to take its course and for an unambiguousdocjsion to be reached
with regard to the responsibility of the perpetrators of such acts,
I
~t the samc timo, Egypt has sought to spare tde region any furthor
1
escalation of tensionin a manner that would have deleterious 8
I
effects on the interests of the fraternal people of Libya and on (Mr. Elaraby, Esv~t)

their aspirations after prosperity and development, in the first
instance, and on the stability and prosperity of the peoples of

neighbouring countries at a time when ever-greater hopes for peace,

justice and stability in the region seem about to be realized after

long years of struggle, tension and armed conflict.
The Security Council is to vote today on a draft resolution

aimed at finding a solutionto the problem created by the two

incidents, the Lockerbie flight and UTA 772, by intensifying

economic sanctions against Libya. Here, we have a question: Will
the tightening of sanctions lead to the truth? Egypt would have

preferred further efforts and further contacts in an attempt to

implement the resolutions adopted by the Council, for the

intensification of sanctions wil1,surely have a negative impact on
the innocent and not necessarily lead to the truth regarding those

two incidents. I
l
I

1 (Br. Elarabv, Emt)
1
For this reason, Egypt calls upon the se8urity Council ta keep
in sight al1 the consequences that will impact negatively on the

people of Libya and on the neighbouring peoples of the region.

Article 50 of the Charter stipulates that any State which finds
l
itself conf ronted with special economic probJ!ems arising f rom the

carrying out of enforcement measures against lany Stata shall have
the right to consult the Security Council, $bis means that the
l
Council should today consider alleviating the' economic sufiering
I
of Libya and of its neighbours that would ari:se from the adoption

of the draft resolution under consideration. 1
Despite the expected adoption of the &ait resolution on
l
i todayms agenda, Egypt will continue to deploy its efforts, in
l
cooperation with al1 the parties concerned, in order to reach as
I
soon as possible a solution to this crisis that would safeguard the
interests of al1 and provide for the full impl lementation of the
I
security Council's resolutions,which should ba respected and

implemented .
l
The PRESIDENT: I thank the represantkive of Egypt for

his kind words addressed to me. I
The next speaker is the representative of Sudan, vho wishes to

make a statement in his capacity as Chairman {f the Croup of Arab
l
States for the month of Novertber. 1 invite him to take a place at
the council table and to make his statement. l
1
Mr, YASIN (Sudan) (interpretation froqi Arabic) : 1 wish

to tha* you, Sir, and through you the memberd of the Çecurity

Council, for giving me the opportunity to spel, on behalf of the

sudan and the States menibers of the League of !&ab States, on the
important issue before the Council today. 1 s'eize this opportunity
l
to congratulate you most sincarely on your accession to the

presidency of the Çacurity Council for this mon1h, the work of
I
which is replete with highly significant issue,^.
l (Mr. Yasin, Sudan)
1 also wish to congratulate your predecessor, Ambassador

Sardenberg, the permanent repreçentative of Brazil, who discharged

his duties as President last month in an able and commendable

rnanner .
The crisis between the Libyan Arab Jamahiriya on the one hand

and the United States of America, France and the United Kingdom on

the other, concerning the downing of Pan Am 103 and UTA 772, has

been dealt with by the Council for tbree full years. This criçis
figured prominently in the news media in a manner that qualifies it

to be considered as one of the most important legal disputes

between States both in terms of the principles involved and of its

position within the framework of international law. It is also an

important case in terms of the requirements af justice, such as the
availability of evidence, neutrality and the removal of any

extraneous factors that rnight affect the case and consequently the

course of justice and, concomitantly, the nature of the verdict.

The Council is today dealing with an item that has become

established on its agenda. This is an inescapable reality that
must be addressed. However, this should be done in consonance with

the spirit of the Charter and especially on the basiç of Article 33

of Chapter VI of the Charter. It is relevant to point out here,

from the outset, that we appreciate the fact that this dispute is
legal in nature and belongs in the courts and institutions directly

coneesned, and not in the Security Council, which is not mandated

by the Charter to exercise such a function, Now that the council

is seized of this matter, the matter has, of necessity, become a
political dispute which we are uncertain as to whether it could be

addressed properly in its correct context. Here we should think of

similas conflict situations which could arise in the future and for

dealing with which the international çommunity should establish

appropriate rules. (Mr. Yasin. Sudan)
The entire international community has been saddened by these
1
two tragedies. We condole with the famiïieb of the vidims and we

associate ourselves with those who candemn Che perpetrators of

these two hideous crimes. We also unconditionally condemn
terrorisrn in al1 its aspects. In this context, let us review the -

course of events and positions sinee the Co?ncil first began its
l
consideration of this case.
l
The council adopted resolution 731 (1992l, whiçh imposed
specific sanctions against the Libyan Arab Jamahiriya. It

periodically reviews these sanctions, on thé basic of cooperation
1
or non-cooparation of the Libyan &ab Jamahtriya with the Council.

It is curious that this rasolution is basedion Chapter VI1 of the
Charter, which addresses situations of aggréssion that threaten
I
international peaca and security. This doa/ not apply to the
I
current dispute hetween ~ibya and the three aforementioned States
1
which is a legal dispute that has to do with the extradition of two
accused Libyan nationals. Such a dispute should be déalt with in a
l
court of law, and specificallyby the ~nternational Court of

Justice. Alternatively. it should be addrdçed in conformity with

Chapter VI of the Charter.
Having found itself caught up in these events, how did Libva

respond? It responded comprehansivoly,with the aim of arriving at

the truth concerning these two regrettable incidents, It called

for a legal, objective and neutral investigRtionregarding the

accusations levelled at its two Libyan natidn1ls. It expressed its
f*ll willingnesç to accept the judgment of $he International Court
1
of Justice in the relevant case of cornpetende now befora the World
I
Court. It declared itself ready to conside2 any other proposals
I
made in conformity with the principles of law and Libyan
sovereignty . It expressed its eagerness to lrespond to

international efforts aimed at resolving th% conflict through (Mr. Yasin, Sudan)

negotiations mediation and legal settlement, in accordance with

Article 33 of the United Nations Charter. i
(Mr..Yasin, Sudan)

It expresçly condemned terrorism and stated its willingness to
cooperate with any party or with any i-ternationaleffort to

eliminate that phenornenon.
l
It declared its willingness for the two Lccused Libyan
I
national$ to surrender themselves voluntarilp to I the
Secretary-General of the League of Arab States. It stated that in

the aeantirue it vauld bc villins to find a pdacticaiile w.y of

implementing resolution 731 (1992) in the coJtext of international
law and justice and national sovereignty.

Libya also reaffirmad its cornmitment to implement the findings

of the International Court of Justice and itsl laoceptance of
çecurity council resolution 731 (1992) in alli its aspects. ~t

expressed ita willingness to cooperate with +e Seïretary-General

of the United Nations with respect to the le& l aspects of the
resolutions in question and with respect to cbnducting,a neutraï
I
investigationor having recourse to a neutrall court or

internat ional court. Moreover , Libya took st& to implement that
undertaking; it called upon the United Nation! to iend a

fact-finding mission and solemnly undertook t~ pey compensation in

the event that it was found responsible for the incident.
ft accepted aII the demands calling for the trial of the two
I
accused and undertook to de al1 it could in the event that they

refused to place themselves bafore the court bey ara required to
submit to, and that daspite the objectionof kha defence counsel of

the accused and daspite the fact that that wo?ld not conform with
l
national and international laws applicable inlsuch cases.

AS a regional forum, the Arab League counbIl includes the Arab
States located in a sensitive area. By its mandate, it deals with
I
al1 issues of importance to the States of theiregion. Tt (Mr. Yasin. Sudan)
pronounces itself on those issues and on the aspirations of those

States and is committed to acting in the interests of its membexs.

The Arab League Council reacts to events in the region and

expresses its views on them, The matter before the Security
Council today directly concerns a State member of the League of

Arab States.

In conformitywith itç responçibilitieç and its cornitmentto

peace and security in the region, the Arab League Council has
stated its increaçing interest in this conflict and its willingness

to provide its good offices and cooperate with the

Secretary-General of the United Nations and the Security Council in

resolving this deterioratingconflict.
In that context, the Arab League Council has formed a

seven-membercommittee under the chairmanshipof the

Secretary-General of the League of Arab States; the mernbers are the

Foreign Ministers of Mamitania, Morocco, Algeria, Tunisia, Libya,
Egypt and Syria. The committee was 'charged with following

developments and making the necessary contacts; it was to spare no

effort to stop the eçcalation of the crisis and find just and
peaceful solutions in confonnity with the rules of international

law, justice and the relevant internationaltreaties,

The Middle East stands at the threshold of new prospects.

Everyone hopes to see the culmination of new steps to achieve a
just, lasting and comprehensivepeace; this demands self-restraint

and the avoidance of any action that could escalate or multiply

tensions. In dealing with the crisis, the League of Arab States

was thereforecareful to base itself on the United Nations Charter,
which stipulates that al1 international disputes should be settled (W. Yasin, Sudan)
by peacaful means and without endangering in4ernationalpeace and

security, and especially on Article 51 of thd Charter.
I
The seven-member League of Arab States cdmIittee has submitted
its report to the Secretary-General of the ~dque; this was

approved by the Arab League Council at its de-hundredth session,
I
held in Septernber 1993 in Cairo. In itç repo~t the committee

attached importance to the positive proposals included in Libyaps
memorandum dated 11 September 1992 aàdressed to the
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Secretary-General of the United Nations, which contained new
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elements that would help find a settlernent thkough dialogue and
negotiation. The committaa voiced its concerb at and its rejection

of a policy of escalating threats and denials pursued by the three

parties, and called for a responsa to the positive initiatives and
1
efforts, including the importantLibyan memorandum submitted to the
Secretary-General.

The committee expressed its determination tci continue its
I
efforts and its contacts with the Secretary-General and the rnembers
of the Sacurity Council with a view to preveniing an escalation of
1
the crisis and to fostering construçtive, positive dialogue towards

an appropriate settlement.

The committee charged the Secretary-Generalof the League of
Arab States with intensifying his efforts and his contacts with al1
1
parties to the crisis and with the Secretary-General of the United

Nations with a view to reaching a fair settlementIbased on the
principles of international law and the need &CIsafeguard Libyan

sovereignty. I
l
1 have gone into such detail with a view tolstressing the good

intentionsof the Libyan Arab Jamahiriya and dhI efforts of the
League of Arab States and its ~ecretary-~eneral,

l (Mr. Yasin. sudan)

Mr. Ahmed Esmat Abdel Meguid, and to underscore our sincere wish to

resolve this conflict within the framework of law and the
sovereignty of States. The Arab countries have always çought

justice and equality in al1 their dealings, and have refrained from

applying double standards in dealing with issues. The on-Aligned

Movement and regional groupings including the Organization of the

Islamic Conferenceand the Organizationof African Unity have
expressed their concern with respect to the difficulties faced by

the Libyan people as a result of the implementation of resolutions

731 (1992) of 21 January 1992 and 748 (1992). The people of Libya

have been subjected to actions that have crippled its economic
growth; these have assailed vulnerable groups such as children, the

il1 and the aged, They have deprived the Libyan Arab Jarnahiriya of

its legitimate right to contact the outside world by means of

available communication channels;this has hurled it back to a time

when coromvnications were extremely difficult.
The impact of the siege has gone beyond the people of Libya to

affect neighbouring countries with social and cultural links to

that people, Article 50 of the Charter can be of only minimal help

to those who are suffering as a result of the implementation of
these resolutions.

Al1 of this occurs as a result of the implementation of

resolutions that appear to uphold the rules and to apply justice

but that are not based on the legal justifications that are

traditional for fairness, (Bir.Yasin, Sudan)

nations and is a voluntary contract between those who are parties

to it. It is uphekd and its provisions are enforced so long as it
is used for the purposes it was formulated for.

The PRESIDENT: 1 thank the representative of the Sudan

for his kind words addressed to me,

It is rny understanding that the Council iç ready to proceed to

the vote on the draft resolution before it. Unless I hear no
objection, 1 shall take it that that is the case.

There being no objection, it is so decided.

I therefore put to the vote the draft resolution in document

S/26701.

A vote was taken bv show of hands.

In favour: Brazil, Cape Verde, France, Hungary, Japan, New
Zealand, Russian Federation, Spain, United

Kingdom of Great Britain and Northern Ireland,

United States of America, Venezuela

Aaainst: None

Abstaininq: China, Djibouti, Morocco, Pakistan
The PRESIDENT: The result of the voting is as follows:

11 votes in favour, none against, and 4 abstentions. The draft

resolution has been adopted as resolution 883 (1993).

In view of the lateness of the hour, X intend to suspend the

meeting now. With the concurrence of the rnembers of-the Council,
the meeting will resume at 3.39 this afternoon. [
The meeting was sus~ended at 1.35 n.m.iand resumed at
3.50 w.m.

The PRESIDENT: 1 shall now cal1 on those mernberç of the
I
Council who wish to make statements iollowdn1 the vote.
Mrs. ALBRIGHT (United States of América) : The raoolution

WB have adopted today demonstrates for al1 Co sea that this ~ouncil
I
is steadfaçt in its opposition to internatibnalterrorism. The
I
journey to this resolution has not &en easg. But the path of
justice rarely is. I
l
citizen. of 30 nations fel1 victim to &e terrorist attacks
l
that destroyed flights Pan Am 103 and VTA 702. Nearly two years

ago, the ~ouncil adoptad raoolution 731 (19bl). ut siaply, the
Libyan Govarment has refused to hcod that =esclution. since then,
l
Libya has spared no effort to break this co~ncilvsresolve. It hae
l
sought through intemediaries, surreptitious I off ers, and spurious

promises to compromise the will of the inteknational community -
and éo stave off todayis action.

The Council can be proud that Libya's elforts to stop this

resolution hava failed. ~errorismis a challenge to every nation
, I
in the world. My Covernnent, in rasponse, js determined to pursue
justice. And the pursuit of justicemust, when necessary, include
I
mandatory sanctionsof the SecurityCouncili
i
The Eight against internationalterrorismmust be a collective
In working with the Goverments ofthe United Kingdom and
effort.
France, the United States has led that effoqt. We have worked
1
closely with every member of the Council. The resolution is

balanced and prscisely targeted. Its hallmqks are an assets
freeze, a limited equipment embargo against the Libyan oil industry

and the tightening of earliersanctionsimposedunder resolution

748 (1992) . To thosa who Say it is not strdng enough, 1 aîk this:
I
Why did Libya try so hard to stop this resoiution if the sting of
its new sanctions is so mild? {Mrs, Albrisht. United States)

Libya knows what it mst do to comply. We await the turnover

of those indicted for the bombing of Pan Am 103. We await the

Libyan Goverment's cooperation with the French judiciary. We
await compensation for the victims of Libyan terroriçm, And we

await the Libyan Goverment's clear and confirmed renunciation of

terrorism. (Mrs. Albrisht,
United States)

The United States has long imposed natibnal sanctions against
i l
Libya that go far beyond those adopted by tqe Council. Çtill. the
I
United States has committed itself to proceedinglfairly and
equitiably in the process leading tu our vote today. We have
I
considered and respected the vievs of those countries whose
1
economic interests at stake might exceed oui own. This resolution

1 is directed at Libya, and Libya alone. For Ieach day thst passes
without the Libyan Govarment 's conpliance, the ~ibyan people will
1
pay a greater price.
l
1 Let me emphasize a broader point. By strengthening sanctions
today, the security Council has again shown the tlexibility of

sanctions as a diplornatic tool; and the more1we demonstrate that

this Council can impose, lift, suspend or shrengthen sanctions at

will, the better the sanctions stick can se$ve our diplomacy.
The tragic attacks against Pan Am 103 and VTA 772 struck at
l
innocent victims. Their families have awaided our reçponse. Today
I
the Council is responding. We must now await Libyan compliance,
l
but we shall do so determined ta persevere dItil justice is done.
Mr. MERIMEE (France) (interpretation from French) : It is
1
regrettable that today our ~ouncil has had to adopt a resolution
1
tightening sanctions against Libya.
It is almost 20 months since the Security Council requested,
1
in resolutions 731 (1992) and 748 (1992), that that State commit
1
itself concretely and definitively to ceaselal1 I forrns of terrorism
l
and all assistance to terrorist groups; thak it haId over the two
suspects in the attack on Pan Am 103; that it fully meet the
I
requests of the French rnagistrate in chargeloi the investigation \
1
into the attack on UTA 772; and, finally, tqat it provide al1 the 1

evidence and al1 the information available do it regarding these
two crimes. (Mr. Mérimée, France)
Our three Governments had thought they could expect a swift

settlement of this very painful matter, thus making it possible for

the families of the 441 victirns of the attacks against the Pan Am

and UTA flights to obtain justice at last.
MY delegatron would like to express its great appreciation to

the Secretary-General, whose considerable efforts have been

thwarted by the evident bad faith of the Libyan authorities. They
have repeatedly made declarations of intent and have systematically

been evasive when the time came to act.

In their desire to reach a successful outcorne,my Government

and the Governments of the United Kingdom and the United States,
despite everything, decided to give that country a final chance to

prove its good will by complying with its obligations before

1 October 1993. Unfortunately,the Libyan authorities have shown

yet again that they only desire to play for tirne, and they continue
their delaying tactics and their obstruction,

We consider that the Libyan Government has sought literally to

take advantage of our Council, There is a clear contradiction

between the letters dated 29 September and 1 October 1993 to the
Secretary-General from Libyams Foreign Minister and

Colonel Qaddafi'ç latest positions, which close the doox to any

solution. Libya may still hope to have it believed that it is

prepared to do what the Security Council expects of it, but no one
can be duped any longer.

It was essential to respond. That is why we calmly but

resolutely consulted the other members of the Council about
strengthening the sanctions.

We are now, much to our regret, caught up in the logic of

escalatian. #y Governmenthopes that this reinforcement of the

sanctions, albeit moderate,will make the authoritiesin sip poli

understandthat the resolve of the international community and (Mr. Mérimée, France)

the Security Council is unf lagging and that t'hay will not be
I
satisf ied by the indafinite continuation of tlhe status quo.
The three sponsors of the resolution havi been accused of

having a hidden agenda against the Libyan redirne. The text of the
I
resolution that our Council has just adopted 'shows that that is not
so, and it paves the way for a speedy solution. If the Lihyan
I
Gaverment cooperates effectively with rny co+try judicial

authorities in the UTA 772 case, and if it hdnds over to the

cornpetent courts the two suspects in the attqck on Pan Am 103, the
Council will immediately be able to adopt a ?@solution suspending

the implementation of al1 the sanctions.

This is no ernpty offer. The entire rnechanism set up by

resolution 731 (19921, resolution 748 (1992) and tday's resolution
wciuld ceaçe to apply in those circumstances,land only a Security

Council resolution would reactivate it, if necessary.
I
We hope, however, that after this first geciçive step Libya

will be anxious to achieve full reintegratlor/ into the
international community. A11 it would have th do would be to

comply with its other obligations. The repoqt then submktted by

the Secretary-General would allow the Securidy Iouncil to tako a

decision on the formal and final lifting of $he sanctions regims.
Finally, I express the hope thst the ~ib?an authoritieswill

heed our Council's message and will take the just measures expected

of them by the families of t'nevictims.

Sir David HANNAY (United Kingdom): ft iç now some 20
month. sinca the adoption of Security ~ouncid resolution 748 (1992)

and nearly five years since the destruction di Pan Am 103 over

Lockerbie. The Libyan Goverment is still failhg to comply with

Security Council resoluti~ns and to recognfze the determinationof
the international community to fight internadionalterrorism. That

has left no alternative to further sanctions Ç ir David Hannay ,
United Kinsdom)

The objectives of the sponsors rernain strictly lirnited. They

are to secure justice for the victims of Pan Am 103 and UTA 772 and

to ensure that such atrocities do not happen again. Central to

these objectives is that the two men accused of the Lockerbie
bombing should stand trial in Scotland or the United States and

that the demands of French justice regarding the UTA case be met.

My Prime Minister and Foreign Secretary have repeatedly given
assurances that if the two Lockerbie suspects went to Scotland they

would receive a fair trial, with the full protection afforded by

Scottish legal procedures. 1 now reiterate those assurances. My

Ministers have also made it clear that we are pursuing no hidden
agenda. Our agenda is set out in Security Council resolutions
I
731 (19921, 748 (1992) and the present resolution - no more and no

I less,
The new resolution adopts a carefully balanced approach.

1 Thus, in addition to the stick of further sanctions, there is also

a carrot: if the Secretary-General reports to the Council that the
i Libyan Government has ensured the appearance of those charged with
I
the Lockerbie bombing before the appropriate United States or
1
Scottish court and has satisfied the French judicial authorities

1 with respect to the bombing of UTA 772, then the Security Council
will review the sanctions with a view to suspending them

8 immediately. We see this suspension of sanctions as a preliminaxy

to their being lifted immediately Libya has complied fully with

resolutions 731 (1992) and 748 (1992). This new element, which was
not present in resolution 748 (19921, is designed to make it clear I

that sanctions are not intended to punish; they are intended to

bring Libya to cornpliance, and no more than that.
The resolution contains a grace period before the sanctions

corneinto effect. There has already, in our view, been too much
; (Sir David Hannav,
United Kinsdom)

delay and prevarication by the Government of Libya. But, since our

sole aim is to resolve this issue, and not t impose sanctions for
the sake of sanctions, we have agreed to th€ yrace period. We hope

Libya wilL take advantage of this extra tirne co hand aver the two

Lockerbie suspects and satiçfy the demands c French justice. Then

the new sanctions would never need to go int effeçt and the
existingones could be suspended.

We are particularly grateful to members € the Council, to the

Secretary-GensraT and to a number of other I abers of the United

Nations fer supporting these resolutions ana :or seeking to
persuade the Libyan Government to comply wit them. We hope they

will continuetheir efforts. It is importan not only to secure

justice for the victims of Pan Am 103 and UT 772, but also to send

a clear message to current and would-be terr :ists and sponsors of
terrorism: terrorism is a blight that the i lemational community

will neither condone nor tolerate, and it is iot cost-free. Mr. SARDENBERG (Brazil): The action taken today by the

Security Council involves determination of the existence of a
threat to international peace and security as a result of two

incidents of the utmost gravity, as it involves a number of legaL

questions that have been the subject of cuntroversial debate within
and outside this Council.

The terrorist attacks against Pan Arn flight 103 on

21 Pecember 1988, which caused the deaths ef 270 people, and

against UTA flight 772 on 19 September 1989, in which 171 people

were killed, caused the deepest outrage and sadness in Brazil.
Those abominable, senseless, criminal acts have received the

strongest moral and political condernnation. And it could not have

been otherwise.

Indeed, such crimes cal1 for resolute and effective action so
that the persons sesponsible for them may be appropriately

prosecuted and punished. This demand for justice is not only that

of the families and friends of the victims of those crimes; it is

widely shared by the whole international community and is very much
the wholehearted sentiment of the Brazilian Goverment.

Brazilts support for the resolution that has just been adopted

is an expression,in specific and clearly exceptional

circumçtances, of our unswerving cornmitment ts international
coaperation to eradieate the scourge of international terroriçm.

That is, in our assessment, the political thrust of this

resolution, and that is what has received our support.

It is our view that al1 resolutions of the Security Council
must be complied with. Resolutions 731 (1992) and 748 (1992) -

both adopted at a time when Brazil was not a member of the Security

Council - are no different. The fact that thsse reçolutions deal (& . Sardenbesq, Brazil)

with a uniquely serious and cornplex case of international terroriam
makes it al1 the more importantand urgent f04 this Council to

enforce cornpliance with its previous decisions on the natter, The
l
resolution now adopted is directly linked to those previous
l
decisions, whose implementationit is intended to prImote.
Tt is also our view that the strong measue of sanction that

this ~ouncil is empowered to imposeunder Chapter VI1 of the

Charter constitute a last resort, to be used dnly in exceptionally

grave circurnstancas that involve a ciear and d1rect threat to
internationalpeace and security. It was thud only after carefully
I
pondering the extremelyseriousnature of thecase before us, as

well as the negative consoquences that vould ensuI should the

Council ba unable to act, that we decided to Cast a positive vote
on this resolution.

Having explainad the reasons for our poliJical support for the
l
resolution, 1 wish to stress that our positive votI was cast
without prejudice to our position on various ispects of a legal
l
nature that are involved in the actions takcn /bythe Eouncil in

relation to this case. In this connection, 1 jwish to place several
l
points on record. 1
It is our consideredview that efforts to combat and prevent

acts of internationalterrorism must be strong and

effective international cooperation on the baiis of the relevant

principles of internationallaw and the existdnl international
Conventions relating to the various aspects ofi the problem of
l
internationaltersorism. The basic imperativ) in the prevention of

terrorist acts of an internationalnature - ad expressed, for

example, in resolution 44/29 of the United ~a~ions General
Assembly - is that States must invariably fulflilI their obligations
l A?.L:,-
.$..:

(Mr . Çardenberq , Braz il)

under international law and take effective and resolute measures to

prevent such acts, in particular by ensuring the apprehension and
prosecution or extradition of the perpetrators of terrorist acts.

The need to çtrengthen international couperation in accordance

with those principles remains unchanged. As provided for in

Article 24 (2) of the Charter, the ~ecurity Council is bound to

discharge its responsibilitieç in accordance with the purposes and

principles of the United Nations. That means also that decisions
taken by the Council, including decisions under Chapter VII, have

to be construed in the light of those purposes and principles,

which, inter alia, requise respect for the principles of justice

and internationallaw.

As was noted by some delegations in statements made in this
Council on 21 January 1992, upon the adoption of resolution

731 (1992), the exceptionalcircumstances on which this case is

based make it clear that the action taken by the Council seeks to

address a specific political situation and is clearly not lntended

to establish any legal precedent - especially not a precedent that
would question the validity of time-honoured rules and principles

of internationallaw or the appropriatenessof different domestic

legislations with respect to the preventionand eliminationof

international terrarism.

We are convinced that the imposition of sanctions must always
be linked to the performance of limited, concrete and very specific

acts that are made mandatory by decisions of the Çecurity Co~cil.

Such acts must be specifically set out by the Council so that the

State on which sanctions are imposedmay be able to know in

advance, and beyond al1 doubt, that the sanctions will be lifted as

soon as those specific requirementsare met. This was the view we
expressed, in connection with operative paragraph 16 of the1 (~k. Sardenbera, Brazil)
resolution, in the consultations undertaken b1 the sponsors, and it

is the view we shall take when it cornes to th8 practical
application of that paragraph. 1

Çince this is the first time Brazil is addressing this
l
question in a formal meeting of the Security ~ouncil, we believe we

should refer to our position in relation to the 1esults of the
investigationsthat provide the basis for the 1requests referred to

in resolutions 731 (1992) and 748 (19921, as bel1 as in the

resolution we have just edopted. The ~razilian Government has
I
studied carefully the documents submitted to tIe Security Council
by the States that have conducted those inves~igations. As the

Security Council cannot pass judgernent on theimerits of a criminal

case, we understand that the action taken by Che Council is airnad
I
exclusively at addressing a political problem 1involving a thraat to
international peace and çecurity. It cannot l5e construed in a
l
manner inconsistent with the presumption of idnocanca.
I
We nate that operative paragraphs 3, 5 and 6 of the resolution
set forth decisions requiring measures,by States to prohibit

certain acts by their national.or from theiriterritory. It ir the
1
understanding of the Brazilian Government thay the words **their

nationalsw, in that context, are to be interphted as meaning
persons under their jurisdiction. It is cleaklthat the decisions

set out in those paragraphs do not require or authosize States to

take any rneasures beyond their respective jurjsdictions.

We understand that the initiatives that IlAmbers States ara
called upon to take to encourage the Lihyan ~qvernment to respond

effectively to Council resolutions, as expresded in operative

paragraph 15, are initiativessuch as those tdat have been carried
1
out by States so far, in the manner of good o$£ices, to facilitate {Mr. Sardenbera. Brazil)
talks and diplornatic contacts leading to a peaceful solution of

this problem.

1 also wish to indicate that my delegation is fully aware of

the need to address the consequences that may arise for third
countries from the measures provided for in this resolution should

the sanctions come into force. We therefore attach great

importance to operative paragraph 10 of the resolution, which

entrusts to the Committee established by resolution 748 (1992) the

task of examining possible requests for assistance under Article 50
of the Charter. As a mernber of the Secusity CounciL and of that

Committee, Brazil will be attentive to this problem and will be

ready to work with other delegations to seek effective ways of

dealing with this problem.
The question of ways and means of giving effect to the

provisions of Article 50 goes well beyond this particular case. As

there is an increasing nurnber of cases in which sanctions are

applied, there is also a proportionate need to examine ways in
which the United Nations can ensure more effective application of

Article 50.

Brazil voted in favour of thks resolution in the hope that it

will not be necessasy for the sanctions to come into force. It is
indeed our hope that the period between now and 1 December, when

the new sanctions are to come into effect, will be profitably

utilized by the States involved - in particular, by Libya - to

achieve an early negotiated solution in full conformity with
Çecuxity Council resolutions. We encourage the Secretary-General

to continue his efforts to facilitate such a solution. Mr. LI Zhaoxinq (China) (interpretatiion from Chinese) :
l
Peace is the common aspiration of people al1 bver the world, and
1
terrorist activities in any form are a great threat to people's

peaceful lives, Since the tragic crashing of the Pan Am 103 and

UTA 772 flights, the Chinese Goverment fias o 1many occasions
strongly condemned these terrorist acts and e#gwessed its profound

sympathy to the bereaved families and the victlm countsies. We

have always held that comprehansive,fair and objective

investigations should be conductad and that chnvicted criminals
should be duly puniçhed in accordance with thé principles and

provisions of the United Nations Charter and Lelevant international

conventions. (Mr. Li Zhoaxins, China)
The disputes between States, no matter how complicated they

are, should be settled peacefully by diplornatic and political

means. We are opposed to the indiscriminate imposition of

sanctions on a country in the name of the United Nations. We made

our position clear, when resolution 748 (1992) waç adopted by the
Council, that in prknciple China was not in favour of imposing

sanctions on Libya. Under the current changing circumçtances we

are still not in favour of maintaining, let alone intensifylng,

sanctions against Libya. In our view, the only effective meanç

that can lead to a solution of this question is negotiation and
consultation. To intensify sanctions against Libya will not help

to settle the question; on the contrary, it rnay further complicate

the matter, make the Libyan people suffer more, and cseate even

greater economic difficulties for the neighbouring and other

countrieç concerned. Therefore, the Chinese deleqation was unable
to support the resolution adopted by the Council today.

Recently, the Libyan side has shown certain flexibility and is

wilbing to encourage the suspects to appear before the Scottish

courts. It has also expressed its intention to negotiate with the

parties concerned to settle some speçific issues. This positive
gesture demonstrates that as long as the parties concerned show

sincerity and are able to negotiate in a calm manner there ni11

always be hope for a peaceful soluti~n to the dispute.

Organizations such as the Organization of AFrican Unity, the

League of Arab States and the Movernent of Non-Aligned Countries
have also expressed their willingness to contribute to the

settlement of the crisis that resulted from the abeve-mentioned air

crashes, and they have already made unremitting efforts and

nchieved certain results. Therefore, more time should be given for

their continuing efforts. We believe that these organizations, (Md. Li Zhoaxina. China)

with thoir more frequent contacts and exchangiswith the party
l
concerned, are in a better position to prornotq the settlement of

this question and will be able to play a more ipositlve role.
In order to bring an end to the crisis and ease the tension,

the Secretary-Ceneral has overcome many diffiCultias and has been
1
tireless in his mediating efforts. These effdrts should aiso

continue so as to help the parties concerned demove their
diiferenoes and scttle the remaining issues at an early date.
rn
At the prasent stage, whila racognizing tde difficulties we
I
are facing in solving the problems, we should lalso be aware of the 1

existing opportunities. As long as we allow slfficient time for
diplornatic efforts and have enough patience t~ere is hope for a I
l
compromise acceptable to all, thus avoiding the imposition of
8
upgraded sanctions and their adverse consequedcesI He therefore
strongly urge the parties concerned to adopt dn attitude of
1
flexibllity and compromise in order to create jthe necessary
i
conditions for a final settlement. l

Mr. VORONTÇOV (Russian Federat ion) (interpretationf rom
Russian): The Russian delegation supported tde draft resolution

adopted by the Council, which was sponsored by;the United Kingdom,

the United States and France. since it fully doncars with its

reiteration of the resolve of the Çecurity cou;ncil to eradicate
international terrorism. 1

In combating this evil, which has become $he real blight or

leprosy of the twentiethcentury, there can bi no vacillation.

Combating international terrorism and violencd ls for us a key
tenet deriving, not onïy from the moral underRinnings of the poïicy
1
of a new Russia, but unfartunately from the realitiesof the
1
contemporary world. We are therefore anxious Ito work and to

cooperate with the world community in putting lan end to acts of
I (Mr. Vorontsov, Russian Federation)

international terrarism which, as appropriately emphasized in the

resolution just adopted, is essential for the maintenance of

international peace and security,

We are deeply çonvinced that Security council resolutions
731 (1992) and 748 (1992), adopted with a view to bringing to

justice those accused of planting an explosive device on board

Pan Am flight 103 and UTA flight 772, must be implemented. The

suspects must be brought to trial, and until that happens the
sanctions mechanism should continue in effect.

As far as the nature of the sanctions is concerned, the

Russian Federation attaches particulas importance to that provision

in the resolution which affirms:

"... that nothing in this reçolution affects Libyals duty
scrupulously to adhere to al1 of its obligations concerning

servicinq and repayment of its foreign debt;" (resolution

883 119931, Para. 11)

We believe that this is an extremely important provision, the

purpose of which is to ensure that as a result of the additional
sanctions imposed on Libya, the interests of other States would be

harmed as little as possible.

We hope that Tripoli will treat the resalution we have adopted

with al1 due seriousness,will draw the necessary conclusiens, and
shortly - it bas until I December - take steps to comply with the

legitimate demands of the Security Council. That will, initially,

make it possible immediatelyto suspend the sanctions and then to

consider the question of lifting them completely. It is Our belief

that that is in the interests of both Libya and the entire
international community, Mr. YAREZ BARNUEVO (Spain) (interprètationfrom Spanish) :

The Sacurity Council has just adopted a resdlution which we had
hoped would not have become necesçary. Unfortunately, a year and a

half aftar their adoption, resolutions 731 (1992) and 748 (1992)
I
have still not been properly complied with. i Despite the deterrnined

efforts of the Secretary-General,to whorn we wish1to express our
special appreciation,and the efforts of stites and organizations ,

particularly the League of Arab States, whidh ara interested in a
I
speedy solution of the crisis, we must note lthat Libya has not
l
fully complied with the demandç set forth iq Secusity Council
resolutions 731 (1992) and 748 (1992). I

In those circurnstances, the adoption of la new resolution was

inevitable. First, it is neeessaryto ensu;= respect for the
1
obligation imposed by the UnitedNations Charter on al1 Menber
States to comply with decisionsof the !SecuPity Council. Secondly,
I
the evants that led to rasolutions 731 (1992i) and 748 (1992) are
I
particularly serious. The attacks against commercial flights of I

Pan Am and UTA are horrendous crimes, vhich rausod numesous
innocent victims, and thoir presumed perpatrbtors must be beought m

to justice. l

As the raprasentative of Brazil has poi&ed out, the Çecurity
Council is taking action in order to deal wiih a dacision that

affects international peace and socurity . without prajudice to the

principle of the presumption of innocence as1 regards the persons

concerned. These are the reasons that promptId my deleqation to
vote In favour of resolution 883 (1993), which has just been
I
adopted by the ~ouncil. This resolution, though as firm and

vigorousas is neceçsaryto attain its objective - naaely to ensuro
1
compliance with the Councilqsrequirements -1nevertheless contains
an elernent of flexibility providing an appropriate way out of the
1
I (W. Yafiez Barnuevo. swain)

crisis if there is sufficient will on the part of the Libyan

authorities to do so.

It is true that through this resolution new sanctions are
imposed upon Libya, but it is also true that mechaniçms are

provided to suspend them and also to lift al1 the sanctions

established immediately, once there is cornpliance with the
requirements of the Council. Moreover, a time period is

established which would make it possible to avoid the entry into

force of the new measures if Libya fulfils its obligations by

1 Decenber next. i
(~r! Yafiez Barnuevo. Spain)

We would now encourage the ~ecretary-~eheral to redouble his
efforts, which were so close to bearing fruit, until it does $0.

We also encourage the States and organizations that can contribute

to finding a solution to the crisis to lendlthe Secretary-Ceneral
I
their cooperation. i

At the same time, we would urge the ~ib1an Goverment to

pursue the course set forth in its letters &f 29 September and
1 October 1993. We were encouraged by the assurance given the
l
Council today by the Permanent ~epresentative of Libya that his

Government will continue to cooperate with dhe Secretary-General in

seeking a definitive solution to the problem.
I
To that end, the Libyan authorities muse cornply with the

provisions of paragraph 16 of resolution 883 (1993), just adopted,
and in particular must do everything necessary tu ensure that the

two persons charged with the bombing of ParilAm flight 103 do indeed

appear before the Scottish courts, as well ds to satisfy the
I
requests of French judicial authorities wit4 respect to the bombing
I
of UTA flight 772.

In the unfortunate event that that does not take place by
1 December and the new measures therefore enter into force, the

Council undertakes in the resolution just adopted to consider the
l
economic problems that may confront States $articularly affected by
r
the implementation of those measures. ~imiiarly, under the

resolution the Cauncil instructs the Commitqee established by

resolution 748 (1992 ) to examine possible r&uests fos assistance
that rnay be submitted by such States under qhe provisions of

Article 50 of the Charter and to make recommjendations to the

President of the Security Council for approbriate action. The
I
Council thus continues a practice followed in other cases in which (Mr. Yanes Barnuevo, Spain)
enforcement measures were adopted that could have a negative effect

on the economies of Member States, a practice that will undoubtedly

facilitate cooperation by those States in implementing such

measures and that my country wholeheartedly supports.
Spain sincerely hopes that we will not reach that point. We

hope that Libya will comply with the Councilts requirements,

thereby resolving a crisis that is causing considerable harm not

only to the Libyan people but to other peoples, including my own,
in the Mediterranean region, which is not exempt from problerns that

need to be approached through international cooperation in a North-

South context. Some very hopeful initiatives that have been

launched in recent years have been affected by thiç crisis. We
would hope that the situation will be resolved as soon as possible

for the sake of the full development of that much-needed

cooperation between the two shores of the Mediterraneanfor the

benefit of their peoples and of the international community.

Mr. ERDOS (Hungasy) (interpretation £rom French): Hungary
vigorously and unreservedly condemns al1 forms of international

terrorism. We are deeply convinced that the international

community must do everything, within the framework of global and

regional cooperation, to combat and eradicate that seriouç
phenomenon, which knows no borders. This position of principle

determines Hungary's attitude towards the problem with which we are

dealing today: the terrorist acts perpetrated against the Pan Am

and UTA flights, We regret that, because of delaying tactics and
unkept promises and the growing gap between verbal statenents and

concrete actions, this item is still on the Councilqs agenda. We

regret that for the third tine the Council has bad to meet to

review the situation. The reason for this is Libyavs failure,

despite persistent efforts by the Secretary- General, the countries members of the Arab ileague, and other States
i
concerned, to comply wlth Security Council ;resolutions 731 (1992)

and 748 (1992) , adopted, respectively, in 4anuary and March last

year .
It is clear that the Council had no choice but to adopt new
I
msasures to ensure respect for its two earliier resolutions. At the

same time, as in other similar cases, we çannlt conceal our regret I
that we have had to have recourse to ~hapter VI1 of the Charter to
I
tighten the sanctions imposed on a Member State of the
I m
Organization, particularly since that ~tati is a country with which
Hungary has long had mutually advantageous /economiccaoperat ion. I

WB would hope that Che Libyan ~overnmerk will make use of the
l w
period between now and 1 Decernber, the datl 1 on which the resolution

we have just adopted will enter into force,;Io comply with the I
relevant Security Council resolutions, which might make it
1
unnecessary to implement todayms resolutio?. We should also like rn

to draw attention tu paragraph 16 of the resolution, under which
the Council expresses its readiness to rev4ew the sanction measures I

with a view to suspending and, possibly, l!fting them. We are
B
confident that Libya wikl make use of al1 d1aiiable possibilities
to extricate itself from the present situa{ion and thereby enable
rn
the Security Council to determine that the circumstances that

caused the imposition of such measures aga4nst that country have
I
ceased to exist.
In that spirit, and for those reasons, Hungary decided to vote

l in fav0ur of resolution 883 (19931, in thejhope that the day is net
l D
too far off when it will be possible to reitore normal relations
with Libya in every sphere. I
i I Mr. TAYLWAT (Venezuela) (interpretation from Spanish):

Venezuela condemns terrorism in al1 its foms, regardless of its
sponsors or the causes that are alleged to justify it, be they

political, economic, social, religious or of any other kind. That

is a position my country has consistently upheld in al1

international forums.

~ccordingly, we have supported international rneasures and
initiatives airnedat combating and eradicating that hateful form of

struggle. Terrorism is a cowardly açt, one that cloaks itself in

anonymity, sacrifices human life and wreaks destruction to achieve

its goals, with total contempt for the most basic individual
rights.

As is pointed out in General Assernbly resolution 44/29, acts

of international terrorism not only result in irreparable loss of

human life and in material damage but also have a deleterious

effect on international relations because of the harm they do to
international peace and secusity. This is reflected in the

resolution we have just adopted, which bas its roots in deplorable

acts of terrorlsrn whose scope has led the internationalcommunity,

represented in the Security Council, to adopt measures to ensure
that those charged with such abominable actions are brought to

justice and punished ta the full extent of the law.

My deleqation would have preferred that the situation referred

to in the resolution just adopted be resolved without the need to
resort to the application of such severe measures as those set

forth in it.

Venezuela was heartened when, as noted in the seventh

preambular paragraph of resolution 883 (19931, the Government of

Libya stated its intention to encourage thoçe charged with the
bombing of Pan Am flight 103 to appear for trial and its

willingneçs to cooperate with the French authorities in elucidating

the case of the bombing of UTA flight 772. (Mr . Maruvama, Japan)

gain the cooperation of Libya in an effort ko clarify the facts
surrounding the downing of Pan Am flight 103 and UTA flight 772,

among whose victims was a Japanese national.

Japan, which is strongly apposed to terrorism in al1 its

forms, has appealed repeatedly to the Libyan Government to comply
with Security Council resolutions 731 (1992) and 748 (1992). It is

indeed regrettable that, despite such endeavours, Libya has failed

to comply with the security Çouncil% requirements and has

continuously tried to avoid its international obligations through

equivocation and delay.
Last year, at the tlme that resolutions 731 (1992) and

748 (1992) were adopted, it was understood that the Security

Council would be compelled to take further measures if Libya did

not cornpky with them, Now, unfortunately, the Council has had no

choice but to adopt further measures to gain ~ibya's compliance.
Japan urges the Libyan Govesnment to comply fully with the

relevant Security Council resolutions without further delay, It is

in the hope of gaining this compliance that my deleqation supported

the adoption of this new resolution. In the meantirne, Japan

rernains committed to efforts to find a solution to this diificult
situation and, indeed, to eliminate al1 foms of international

terrorism.

Mr. MARKER (Pakistan): ~akistan has consistently and

vigourously condemned terrorism in al1 its foms and
manifestations. This includes the abominable acts perpetrated

against Pan Am flight 103 and UTA flight 772,

Pakistan has always alse upheld the sanctity of the

sesolutions of the General Assembly and the Security council and

has consistently supported complete and faithful adherence to them, (Mr. Marker. Pakistan)
I
We have therefore scrupulously abided by thejterms of Security

Council resolution 748 (1992). 1
we regret that the sincere and dedicated efforts that were

undertaken by the Secretary-General of the ~nited Nations and a

number of nell-intentioned Governrnents to fihd an amicable solution

to the preblem cf meeting the requirements of 1ecurity Council
resolution 731 (1992) appear to have been unSuccessful. However,
l
we have not lost hope and feel that these enaeavours should

continue .

The PRESIDENT: There are no fur the^ names on the list of
speakers. The Security Council has thus conbluded the prasent

stage of its considerationof the item on its agenda.

The meetins rose at 4.45 3.m.

Document Long Title

volume I, basic documents