28 August 1998
(Accused Libyans would be tried in Netherlands) (780)
United Nations -- The Security Council has endorsed the proposal of
the United States and the United Kingdom to try under Scottish law in
the Netherlands two Libyans accused of bombing Pan Am Flight 103
almost ten years ago.
By a vote of 15 to 0, the council adopted a resolution late August 27
which would suspend economic sanctions imposed on Libya immediately
after Secretary General Kofi Annan reports that the two suspects have
arrived in the Netherlands. It also requires Libya to satisfy French
investigators regarding the bombing of a UTA flight over Niger in
1989.
The resolution also asks Annan to appoint international observers for
the trial.
Following is the text of the resolution:
(begin text)
United Kingdom of Great Britain and Northern Ireland and United States
of America: resolution 1192
The Security Council,
Reaffirming its resolutions 731 (1992) of 21 January 1992, 748 (1992)
of 31 March 1992 and 883 (1993) of 11 November 1993,
Noting the report of the independent experts appointed by the
Secretary- General (S/1997/991),
Having regard to the contents of the letter dated 24 August 1998 from
the Acting Permanent Representatives of the United Kingdom of Great
Britain and Northern Ireland and of the United States of America to
the Secretary-General (S/l998/795)
Noting also, in light of the above resolutions, the communications of
the organization of African Unity, the League of Arab States, the
Non-Aligned Movement and the Islamic conference (S/1994/373,
S/1995/834, S/1997/35, S/1997/273, S/1997/406, S/1997/497, S/1997/529)
as referred to in the letter of 24 August 1998,
Acting under Chapter VII of the charter of the United Nations,
1. Demands once again that the Libyan Government comply without delay
with resolutions 731 (1992), 748 (1992) and 883 (1993);
2. Welcomes the initiative for the trial of the two persons charged
with the bombing of Pan An flight 103 ("the two accused") before a
Scottish court sitting in the Netherlands, as contained in the letter
dated 24 August 1998 from the Acting Permanent Representatives of the
United Kingdom of Great Britain and Northern Ireland and of the United
States of America ("the initiative") and its attachments, and the
willingness of the Government of the Netherlands to cooperate in the
implementation of the initiative;
3. Calls upon the Government of the Netherlands and the Government of
the United Kingdom to take such steps as are necessary to implement
the initiative, including the conclusion of arrangements with a view
to enabling the court described in paragraph 2 to exercise
jurisdiction in the terms of the intended Agreement between the two
Governments, attached to the said letter of 24 August 1998;
4. Decides that all States shall cooperate to this end, and in
particular that the Libyan Government shall ensure the appearance in
the Netherlands of the two accused for the purpose of trial by the
court described in paragraph 2, and that the Libyan Government shall
ensure that any evidence or witnesses in Libya are, upon the request
of the court, promptly made available at the court in the Netherlands
for the purpose of the trial;
5. Requests the Secretary-General, after consultation with the
Government of the Netherlands, to assist the Libyan Government with
the physical arrangements for the safe transfer of the two accused
from Libya direct to the Netherlands;
6. Invites the Secretary-General to nominate international observers
to attend the trial;
7. Decides further that, on the arrival of the two accused in the
Netherlands, the Government of the Netherlands shall detain the two
accused pending their transfer for the purpose of trial before the
court described in paragraph 2;
8. Reaffirms that the measures set forth in its resolutions 748 (1992)
and 883 (1993) remain in effect and binding on all Member States, and
in this context reaffirms the provisions of paragraph 16 of resolution
883 (1993), and decides that the aforementioned measures shall be
suspended immediately if the Secretary-General reports to the Council
that the two accused have arrived in the Netherlands for the purpose
of trial before the court described in paragraph 2 or have appeared
for trial before an appropriate court in the United Kingdom or the
United States, and that the Libyan Government has satisfied the French
judicial authorities with regard to the bombing of UTA 772;
9. Expresses its intention to consider additional measures if the two
accused have not arrived or appeared for trial promptly in accordance
with paragraph 8;
10. Decides to remain seized of the matter.
(end text)